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Cláusula de \"Abuso de Confiaza\"

English translation: breach of trust statute

21:03 Jul 8, 2017
Spanish to English translations [PRO]
Law/Patents - Insurance / Breach of Trust Clause
Spanish term or phrase: Cláusula de \"Abuso de Confiaza\"
El texto de la cláusula de abuso de confianza, que se encuentra en el código penal de México, también está presente en los textos de pólizas de seguros. Aquí dejo el original y mi traducción. Mi pregunta es si lo estoy entendiendo y traduciéndolo bien. Gracias a todos.

"Comete el delito de abuso de confianza, el que con perjuicio de alguien, disponga para sí o para otros de cualquier cosa mueble ajena, de la que se le haya transferido su tenencia y no el dominio."

"The crime of breach of trust is committed by the party who, to the detriment of another party, makes third-party property available for themselves or for another party, that of which possession and not ownership has been transferred to them."
nathanpaluck
United States
Local time: 22:44
English translation:breach of trust statute
Explanation:
statute = a law that has been formally approved and written down
Selected response from:

Francois Boye
United States
Local time: 23:44
Grading comment
I went with "breach of trust." Embezzlement could also work in different circumstances, when referring specifically to money, as opposed to property in general. Thanks!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3"Embezzlement" Clause
Robert Carter
4 -1breach of trust statute
Francois Boye


Discussion entries: 1





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
breach of trust statute


Explanation:
statute = a law that has been formally approved and written down

Francois Boye
United States
Local time: 23:44
Native speaker of: Native in FrenchFrench
PRO pts in category: 20
Grading comment
I went with "breach of trust." Embezzlement could also work in different circumstances, when referring specifically to money, as opposed to property in general. Thanks!

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: It's not a statute, it is a "clausula" within the Mexico Criminal Code
22 hrs
neutral  neilmac: Was going to post "breach of trust clause" myself yesterday...
1 day 8 hrs
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1 day 4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
Cláusula de \"Abuso de Confianza\"
"Embezzlement" Clause


Explanation:
Your question is a little confusing since the word "cláusula" does not appear in the text you cite, but I assume you've posted "Cláusula de \"Abuso de Confianza\" because it is the heading for that text? Incidentally, the Mexican statute law, including the Código Penal, is divided into "artículos" (articles or sections), not clauses.

It might be breach of trust, but from the looks of your text, it sounds more like embezzlement to me.

Embezzlement is the act of withholding assets for the purpose of conversion (theft) of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes.[1] Embezzlement is a type of financial fraud, e.g. a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse.
https://en.wikipedia.org/wiki/Embezzlement

The following entry is reproduced from Javier Becerra's Dictionary of Mexican Legal Terminology
abuso de confianza
1. breach of trust; 2. embezzlement; the unlawful appropriation or disposition of money or other assets by a person in a fiduciary position holding such money or assets

My translation for your text would be:

"Embezzlement is an offense whereby the offender disposes, for himself or others, to the detriment of another person, of any personal property whose possession but not ownership has been transferred to the said offender."



Robert Carter
Mexico
Local time: 21:44
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 36

Peer comments on this answer (and responses from the answerer)
agree  Wendy Cummings
6 hrs
  -> Thanks, Wendy.
agree  neilmac
6 hrs
  -> Thanks, Neil.
agree  AllegroTrans: Eaxctly my impression when I read the definition, but I think asker should query this apparent contradiction
16 hrs
  -> Thanks, Chris.
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