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Litis consorte pasivo

Discussion in 'Legal Terminology' started by Zahella, Jan 21, 2013.

  1. Zahella Senior Member

    Bogotá, Colombia
    Colombian Spanish
    Hola: ¿Cómo se traduce: litis consorte pasivo?

    He aquí el contexto: "EL ASEGURADOR INDEMNIZARÁ LA PÉRDIDA EN QUE DEBE INCURRIR UN EMPLEADO DEL GRUPO, CUANDO SEA NOMBRADO LITIS CONSORTE PASIVO, ES DECIR CODEFENDIDO, EN UN RECLAMO...."

    Muchas gracias por la ayuda, pues estoy perdida con esto.
     
  2. robjh22 Senior Member

    U.S.A. & English
  3. Zahella Senior Member

    Bogotá, Colombia
    Colombian Spanish
    robjh22, what would I be without you!
    I'm about to finish this job, but... it's driving me crazy! ('though I'm learning as well)
     
  4. robjh22 Senior Member

    U.S.A. & English
    Well, I'm glad it's helping, but I wish more people would respond to your query. I don't pretend to be the best translator on the forum. Just second best.

    You're the best.

    Okay, what else do you have to translate to finish the job?
     
  5. Zahella Senior Member

    Bogotá, Colombia
    Colombian Spanish
    Hello Rob, :) I wish I were the best.

    I'd like to say something about this thread: I've found that litisconsorcio pasivo > passive joint litigation (which is not exactly the "litis consorte pasivo" of my translation > "defendant in multi-defendant litigation)

    I was wondering if, according to that, I could translate "litis consorte pasivo" as "defendant in a passive joint litigation". What do you think?
     
  6. robjh22 Senior Member

    U.S.A. & English
    Hm, I like "defendant in joint litigation" alright, but "passive"? No, I have to say firmly and absolutely that this doesn't exist to my knowledge, not in the USA anyway, and it communicates nothing to me either.

    I wish we had other English speaking lawyers to chime in, and I will try to find one for you, but I have never, ever heard of "passive litigation," nor, for that matter, "active litigation."

    Until overruled by a majority who can point to some solid English sources referring to "passive litigation", I will stick with my suggestion in post #2. I did see a reference to it on another forum, but I disagree with the translation. For now. Stand by .... I am getting a second opinion for you, hopefully in just a little while, from an attorney and excellent translator.
     
  7. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    The Collins dictionary shows a definition for consortes as "(Jur) accomplices"

    So one guess is that consorte pasivo might be a defendant who is liable not for his own wrongdoing but for the wrongdoing of another, such as the liability an employer might have for the actions of the employee or perhaps for conspiracy. Just a guess, but I agree with Rob that passive litigation or passive defendant doesn't convey any meaning in English.
     
  8. Zahella Senior Member

    Bogotá, Colombia
    Colombian Spanish
  9. robjh22 Senior Member

    U.S.A. & English
    Zahella, I'm not sure what your proposed final translation is at this point. Anyway, as others have observed in other threads:

    "La litis, es el proceso, el litigio, la cuestión litigiosa discutida." http://forum.wordreference.com/showthread.php?t=237220&p=1471332#post1471332

    Your sentence reads "UN EMPLEADO DEL GRUPO, CUANDO SEA NOMBRADO LITIS CONSORTE PASIVO, ES DECIR CODEFENDIDO." Perhaps the sentence should have been written as "sea nombrado en litis consorte ...."

    Either that or the meaning of "litis" has somehow morphed into something else, that is, a party to the litigation (defendant or plaintiff, depending on whether he is pasivo or activo), and not the litigation itself. I would be astonished if this has happened.

    "Co-party defendant litigation" is another translation I just discovered. It looks good to me, but notice again that it means the litigation, not the parties. http://www.proz.com/kudoz/spanish_to_english/law:_contracts/3012485-litis_consorcio_pasivo.html
     
  10. Zahella Senior Member

    Bogotá, Colombia
    Colombian Spanish
    Hello Rob -- Lo he dejado así finalmente: "THE INSURER SHALL INDEMNIFY AGAINST THE LOSS INCURRED BY AN EMPLOYEE OF THE CORPORATE GROUP WHEN HE/SHE MAY BE NAMED AS A DEFENDANT IN A CO-PARTY DEFENDANT LITIGATION, I.E. CO-DEFENDANT, IN A CLAIM FILED AGAINST AN INSURED..."

    Y muchas gracias otra vez. Ésta parte del trabajo fue realmente difícil para mi y tú has sido de gran ayuda.
     
  11. robjh22 Senior Member

    U.S.A. & English
    AAAAAAA-le-LUiA!!!

    Me parece muy pero muy bien. Te felicito.
     
  12. Zahella Senior Member

    Bogotá, Colombia
    Colombian Spanish
    :) ¡Gracias! me salvaste de un error en mi trabajo.
     

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