interpleading such property

Discussion in 'Legal Terminology' started by Conquistadores, Jan 27, 2013.

  1. Conquistadores

    Conquistadores Senior Member

    Spanish - Perú
    Dear all,

    I know "interpleading" means "interponer una demanda", but how can I put that here?

    This is an investment agreement between a bank and its clients:

    "Such action may include, among others, disregarding any instruction not issued jointly by written by all of the Clients, freezing the properly in the accounts, placing such property in a suspense account, or interpleading such property."

    My try:
    "Tal acción podrá comprender, entre otros, hacer caso omiso de cualquier instrucción no emitida conjuntamente por escrito por todos los clientes, la congelación de bienes en la cuenta, la colocación de dichos bienes en una cuenta transitoria, o interponer una demanda por dichos bienes."

    Thanks!
     
  2. robjh22 Senior Member

    U.S.A. & English
    Looks great. The only thing I suggest is to add something like "el recurso de interponer" to make it clear that you are describing a legal action. (Note for example how you [appropriately and skillfully in my view] say "la congelación de bienes" for "freezing." This makes your translation clearer than the original.)

    Of course, I would make the same criticism of the original in English. "Interpleading a property" sounds more like shorthand, lawyer vernacular than
    the formal name of a legal action. So perhaps an argument can be made that your translation should be similarly idiomatic.
     
  3. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    Sometimes people confused "interplead" and "implead". Perhaps, in your case, they mean that the money or funds cannot be deposited into a court for other people to argue about and for the court to decide who gets it?
     
  4. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    It's definitely referring to an interpleader action, which is a remedy for a stakeholder when it has conflicting claims to property in the stakeholder's hands, and the stakeholder doesn't want to decide who has the right to the property (and thus have to pay the other party if the stakeholder is wrong). It's standard for agreements drafted by banks and other financial institutions.

    And the wording could have been better. Of course, property can't be interpleaded, but what the drafter meant was: file an interpleader action and deposit the property with the court. That way the stakeholder gets to wash his hands of the whole affair.
     
  5. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    We get the two terms mixed up here in Oregon, because our state rules call for an "interpleader" where federal rules would call for "impleading." We use "interpleader" to mean both, in state law and often, verbally.
     
  6. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    For the benefit of non-lawyers who may need help in understanding the term, the term "impleader" usually refers to the process of a defendant bringing a third party into a lawsuit with claim that the third party is liable to the defendant (say, for indemnity).
     
  7. Conquistadores

    Conquistadores Senior Member

    Spanish - Perú
    Thanks to all for your help. That test was giving me lots of trouble, since it had many typos and some sentences (like this one) were not clear enough or did not make much sense at first. I had to read it like 3 times to understand what they were really trying to say... Really awkward, knowing that it is a very important text for people who want to open an account overseas! Or probably they did it on purpose, so the clients don't really understand what they are signing, hahaha. Just joking.
     

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