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Hipotecas y Gravamenes

Discussion in 'Legal Terminology' started by Sherlockat, Dec 29, 2012.

  1. Sherlockat

    Sherlockat Senior Member

    Australia
    Castilian (Patagonian)
    Hi there!

    Once seen this thread, I'm still in doubt.
    Although there's an official Chilean web site that defined "Certificado de Hipotecas y Gravámenes" as "Mortgages and Ownership Limitations Certificate", I tend to feel that such a translation wouldn't be accurate in full.

    I think it'd be just "Encumbrance Certificate"

    PS: a Certificate of Encumbrance would be a document listing all the outstanding encumbrances affecting real estate. It would include such items as mortgages, liens, easements, restrictions, conditions, life estates, etc.
    Source: http://wiki.answers.com/Q/What_is_a_Certificate_of_Encumbrance

    What do you think guys?
    Ta,
     
  2. Hulalessar Senior Member

    Andalucía
    English - England
    When translating a text and hoping to produce a translation which reads naturally one can ask: "What would a native speaker write here?" However, the problem with legal texts is that they deal with concepts and that any translation is likely to be aimed at someone unfamiliar with the concepts. The question cannot therefore be asked. The problem is particularly acute when translating a text produced in a civil law jurisdiction for someone only familiar with a common law system - or vice versa. When translating a legal text one needs to know who it is for and for what purpose it is needed. There are two basic possibilities. The first is that the customer wants a general indication of what the text says. In that case approximations will do. The second is that the translation is required to be used in judicial proceedings or for some equally serious purpose. In such cases copious notes may be required so that the text produced by the translator is as much a legal opinion as a translation. In neither case is there is a need to agonise over trying to find the right word because it may never be found.
     
  3. Sherlockat

    Sherlockat Senior Member

    Australia
    Castilian (Patagonian)
    I totally agree with you..but sometimes the customer doesn't understand that..specially when they have great knowledge in both English language and legal matters.
    A descriptive translation will be better to avoid what you said ("an ambiguity").
    Thanks for the bother Hula,
    Happy new year's eve!
     

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