Glossary entry

Spanish term or phrase:

situación de dependencia o de comunidad... de intereses

English translation:

in an employment relationship or one of common interests

Added to glossary by Adrian MM.
Feb 26, 2021 14:09
3 yrs ago
40 viewers *
Spanish term

situación de dependencia o de comunidad

Spanish to English Law/Patents Finance (general) court decision on assessment of damages
I know what "situación de dependencia" means in this context, but "de comunidad" is the part where something is not clicking right. This is under the "Declaración de tachas" section of a court decision on an assessment of damages to the bankrupt company's assets (in Spain). Here is the text:

Según el artículo 343 de la Ley de Enjuiciamiento Civil, el perito Manifiesta:

1.º No ser cónyuge o pariente por consanguinidad o afinidad, dentro del cuarto grado civil de una de las partes o de sus abogados o procuradores.

2.º No tener interés directo o indirecto en el asunto o en otro semejante.

3.º No estar o haber estado en situación de dependencia o de comunidad o contraposición de intereses con alguna de las partes o con sus abogados o procuradores.

4.º No tener amistad íntima o enemistad con cualquiera de las partes o sus procuradores o abogados.
Change log

Feb 28, 2021 06:59: Adrian MM. Created KOG entry

Discussion

Seth Phillips (asker) Feb 27, 2021:
Thank you Toni and Adrian! I knew that comunidad could not have been referring to comunidad de bienes. Comunidad de intereses makes sense. I am seeing some law articles on community of interest, such the "Community of Interest": Clarity or Confusion? by Joseph J. Fittante Jr. published by the ABA., which notes historic lawsuits in several states in the US addressing the definition. From the looks of it, it is rather confusing with different states' stances and statutes treating that term differently. I am not sure of a better solution than keeping community of interest in my translation. I thought of rendering all 3 of the elements as "economic dependence, community-of-interest or conflict-of-interest situations" but Adrian does point out West's entry of dependencia synonoymous to personal. So I think I am going with "Has never been employed by or had any community-of-interest or conflict-of-interest situations with any of the parties (...)."
Toni Castano Feb 26, 2021:
Community of interest Please see here:
https://ballotpedia.org/Community_of_interest
A community of interest refers to a group of people with a common set of concerns that may be affected by legislation. Examples of communities of interest include ethnic, racial, and economic groups. Some states require that the preservation of communities of interest be taken in account when drawing electoral districts in an effort to enable these communities to elect representatives whose platforms or policy proposals align with their interests.[

But my doubt still persists: Is "community of interests" the right translation for "comunidad de intereses" as this is to be understood in the Spanish legal system?
Toni Castano Feb 26, 2021:
@Seth, colleagues “Comunidad” refers here to “comunidad de intereses”, likewise ”contraposición” being the full expression “comunidad de intereses y contraposición de intereses”, abridged “comunidad y contraposición de intereses”.
This query has to do with a statement of non-existence of grounds for challenge of experts (the so-called “declaración de tachas” in Spanish law, Seth mentions this in his text already). Such statements are made by experts in order to rule out any possible grounds for their challenge in civil proceedings. Seth, your text reflects exactly how article 343 of the Spanish Civil Procedure Act 1/2000 reads. The official translation provided by the Ministerio de Justicia reads "situation of dependency or community or conflict of interests".
My only doubt here concerns the rendering of "comunidad de intereses" into US Engish. I am not sure if "community of interests" is appropriate in the US legal system. Anyway, Adrian has suggested something that seems reasonable to me.

Proposed translations

+3
5 hrs
Selected

in an employment or partnership-type property relationship > one of common-pooled resources

For dependencia, see the English Lord Denning's albeit controversial 'control test' for an employment relationship.

NB *el perito* Manifiesta...

Dependencia: entry 2: employees, personnel, staff > West

Comunidad: joint ownership > West vs. 'common cause'. Arguably community of marital or matrimonial property works outside of the UK and even referred to in my Eng. law textbooks of Bromley on Family Law + Passingham on Matrimonial Causes.

Note that a US bankrupt company is called an insolvent one in the UK, namely one ripe for winding up on the ground of insolvency.
Example sentence:

*Common-pool resources* may be owned by national, regional or local governments as public goods, by communal groups as common property resources, or by private individuals or corporations as private goods.

Note from asker:
You nailed it, Adrian! Thank you!
I agree about bankruptcy vs. insolvency distinction. From what I understand, individuals and companies file bankruptcy when they are already insolvent.
Peer comment(s):

agree Toni Castano : You are the only one who has understood the source. Hence my agree. // Yes, Adrian, "common cause" is the right approach, but I don´t know the technical term in US English (I assume Seth delivers to the US market).
5 mins
Thanks, Toni. Your discussion entry alluding to comunidad de intereses does suggest to me a shift to 'having common cause' ....
neutral Andrew Bramhall : Don't see how this fits the asker's context, to be honest.
3 hrs
Maybe you and others have been too caught up on states of drugs etc. dependency.
agree Robert Carter : Makes sense to me given the context.
4 hrs
Thanks, Robert. Looks like certain answers have been - mindlessly - over-concerned with a state of drug dependency.
agree AllegroTrans : Definitely the right idea, maybe this can be expressed more concisely
14 hrs
Thanks, Chris. I'm incorporating into the glossary, as per Toni C. who points to the extension of 'de intereses', the idea of 'common cause, whilst others may languish in a mindlessly literal state of drugs-like dependency.
Something went wrong...
4 KudoZ points awarded for this answer.
1 hr

situation of dependency or being or having been in community

suggestion

Not being or having been in a situation of dependency or being or having been in community or having an opposition of interests with any of the parties
Note from asker:
Too literal
Peer comment(s):

neutral AllegroTrans : Direct translation of "community"? Please show how this is an actual legal term in English rather than merely a dictionary translation
29 mins
it is only a suggestion and I hope that works in some way ... sometimes my aim is to give a tip only
neutral Andrew Bramhall : 'comunidad' means ' shared assets', like in a marriage between a couple, as in ' comunidad de bienes;
1 hr
I like that.
neutral Toni Castano : What do you mean by "community"? Please explain.
3 hrs
I agree with Oliver Toogood
Something went wrong...
-1
2 hrs

Situation of dependency or undivided interest

http://diccionariojuridico.mx/definicion/comunidad-de-bienes...

--------------------------------------------------
Note added at 2 hrs (2021-02-26 16:29:40 GMT)
--------------------------------------------------

To recreate the last link: https://dictionary.thelaw.com/pro-indiviso/
Note from asker:
Comunidad de bienes has a completely different meaning in Spain. It refers to joint ownership. Either way, it doesn't work for my text.
Peer comment(s):

neutral Andrew Bramhall : " undivided interest" ??? Sounds strange to me;
52 mins
disagree Toni Castano : Don´t understand a single word, sorry.
3 hrs
neutral AllegroTrans : situation of dependency is a dictionary translation and makes little or no sense in this context
3 days 6 hrs
Something went wrong...
3 hrs

State of dependency or shared assets

between the two parties; ' comunidad' means ' comunidad de bienes', whatever form the shared assets may take;

--------------------------------------------------
Note added at 3 hrs (2021-02-26 17:20:26 GMT)
--------------------------------------------------

'Shared' or 'JOINT' assets;
Note from asker:
Shared assets might work, thanks.
Peer comment(s):

disagree Toni Castano : No, nothing to do with "assets". You misunderstood the source.
2 hrs
Oh, I don't think so;
agree AllegroTrans : state of dependency is a dictionary translation and makes little or no sense in this context
3 days 5 hrs
Something went wrong...
11 hrs

situation of dependence or of shared interests

'The expert declares (shows) that he is not and has not been in a situation of dependency or of shared interests or conflicting interests with any of the parties, their lawyers or their solicitors (procurators).'
Example sentence:

'El perito se declara no estar y no haber estado en una situación de dependencia, o de intereses compartidos o intereses que se contraponen (que están en contraposición o en conflicto) con alguna de las partes o con sus abogados o procuradores.'

Note from asker:
Too literal. Also procurador is not a solicitor. Procurador works as a liason between the court, solicitor/attorney (abogado) and parties.
Peer comment(s):

neutral AllegroTrans : situation of dependency is a dictionary translation and makes little or no sense in this context
2 days 21 hrs
Something went wrong...
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