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nulidad procesal de todo lo obrado

English translation: set aside the entire proceedings because of procedural defects

22:05 Jan 14, 2020
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: nulidad procesal de todo lo obrado
En la presente causa de Liquidación, la nulidad procesal de todo lo obrado impetrada se funda en que se dirigió, en la solicitud, la notificación, nuevamente, a una persona sin poder de representación; en que se “certificaron” búsquedas positivas totalmente falsas; y, que se dio curso a una solicitud de liquidación sin que se cumplieran los requisitos legales, a saber, la existencia de un título ejecutivo que sea actualmente exigible.

Court documents from Chile. "todo lo obrado" is a common recurrence. My attempt is "procedural annulment of the actions"

Although 'nullity' often comes up as a translation for 'nulidad', any references I find are translations from foreign languages
Laura Molinari
Canada
Local time: 01:56
English translation:set aside the entire proceedings because of procedural defects
Explanation:
These constructions (with "nullidad") are really difficult to translate word-for-word because of the difference in the way Spanish-speaking jurists look at the concept involved here, compared with their English-speaking counterparts.

To quote from A Dictionary of Legal Terms (Alcaraz, Hughes and Campo):

"the abstract formulation favoured by Spanish usage would probably be avoided in natural English, where it is the consequence that would be stressed, rather than the theoretical basis on which that consequence depends; the decision, order, etc., is wrong in law, or the wrong law has been applied in making it... or the proceedings have been irregularly conducted, and so in any event the lower court's proceedings are invalid and must be set aside... in general, the common term nulidad is often translatable by a more active phrase if accompanied by a verb, e.g., declarar la nulidad de una actuación - void/set aside/overturn/overrule a proceeding, ruling, etc."

In this case, "nulidad procesal" as you rightly mention refers to "procedural nullity", but we can word that more naturally by identifying what is meant by it, i.e., a procedural defect, which, as mentioned further on in the paragraph, consists in failing to serve process on a person who is legally authorized to represent the party in question.

"Impetrada" here relates back to "nulidad procesal", and refers to the request brought before the court, i.e., a motion, so we could word the whole thing like this:

"...the motion to set aside the entire proceedings because of procedural defects is grounded on..."

I understand that time constraints will often mean that as translators we will forego this type of translation in favour of less natural and more literal translations.
Selected response from:

Robert Carter
Mexico
Local time: 23:56
Grading comment
I ultimately phrased it differently in my translation, but Robert's thorough explanation led me in the right direction. This can be a very tricky phrase and requires very good knowledge of legal proceedings.
4 KudoZ points were awarded for this answer



Summary of answers provided
4set aside the entire proceedings because of procedural defects
Robert Carter
3abrogation of all foregoing proceedings
David Hollywood
3fatal procedural flaw (in all of the steps taken)
Adrian MM.


  

Answers


33 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
abrogation of all foregoing proceedings


Explanation:
might work

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Note added at 34 mins (2020-01-14 22:40:22 GMT)
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but would wait for comments

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Note added at 42 mins (2020-01-14 22:47:45 GMT)
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abrogation

the repeal or abolition of a law, right, or agreement

David Hollywood
Local time: 02:56
Works in field
Native speaker of: English
PRO pts in category: 1245
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
set aside the entire proceedings because of procedural defects


Explanation:
These constructions (with "nullidad") are really difficult to translate word-for-word because of the difference in the way Spanish-speaking jurists look at the concept involved here, compared with their English-speaking counterparts.

To quote from A Dictionary of Legal Terms (Alcaraz, Hughes and Campo):

"the abstract formulation favoured by Spanish usage would probably be avoided in natural English, where it is the consequence that would be stressed, rather than the theoretical basis on which that consequence depends; the decision, order, etc., is wrong in law, or the wrong law has been applied in making it... or the proceedings have been irregularly conducted, and so in any event the lower court's proceedings are invalid and must be set aside... in general, the common term nulidad is often translatable by a more active phrase if accompanied by a verb, e.g., declarar la nulidad de una actuación - void/set aside/overturn/overrule a proceeding, ruling, etc."

In this case, "nulidad procesal" as you rightly mention refers to "procedural nullity", but we can word that more naturally by identifying what is meant by it, i.e., a procedural defect, which, as mentioned further on in the paragraph, consists in failing to serve process on a person who is legally authorized to represent the party in question.

"Impetrada" here relates back to "nulidad procesal", and refers to the request brought before the court, i.e., a motion, so we could word the whole thing like this:

"...the motion to set aside the entire proceedings because of procedural defects is grounded on..."

I understand that time constraints will often mean that as translators we will forego this type of translation in favour of less natural and more literal translations.


Robert Carter
Mexico
Local time: 23:56
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1368
Grading comment
I ultimately phrased it differently in my translation, but Robert's thorough explanation led me in the right direction. This can be a very tricky phrase and requires very good knowledge of legal proceedings.
Notes to answerer
Asker: Thanks for the thoroughness!

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10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
fatal procedural flaw (in all of the steps taken)


Explanation:
- for lovers of terseness and critics of 'ling-windedness'.

There is no need for anyone, unless a femme fatale, to change flaw to a blemish or 'blight on all your houses'.

de todo lo obrado - of all the steps taken (jargon: in the proceedings, namely if fatal doesn't work on its own).




--------------------------------------------------
Note added at 10 hrs (2020-01-15 08:21:24 GMT)
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long-windedness...

Example sentence(s):
  • “If no step has been taken in a proceeding for 1 year from the time the last step was taken, a party who wants to proceed must, before taking any step in the proceeding, give a month’s notice to every other party of the party’s intention to proceed.

    Reference: http://www.justsecurity.org/50433/fatal-flaw-manafort-suit
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 574
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