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potencialidad

Discussion in 'Legal Terminology' started by Taycaro, Sep 28, 2010.

  1. Taycaro Senior Member

    Chihuahua, Mexico
    Mexican Spanish
    Ahora les pregunto por otra palabra:
    Dice:
    Los dos elementos de la patria potestad son dos elementos estáticos: la titularidad y la potencialidad y uno dinámico: el ejercicio. La titularidad entendida como conexión de un derecho o de una facultad con el sujeto al cual pertenece, que reside en el padre y la madre; la potencialidad que es el derecho que conservan los abuelos que no han perdido la patria potestad

    Mi intento:

    Potential which is the right held by grandparents who have not lost paternal authority.

    ¿Creen que "potential" queda bien como traducción a inglés?
     
  2. ilssear

    ilssear Junior Member

    All over the world
    Chilean Spanish
  3. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    It doesn't sound good to me. I think one problem is that the concept doesn't translate. I don't practice family law, but assuming that grandparents have rights (and I believe in most states they don't), there isn't a term commonly used in English to describe that right.

    If nothing else, I would change "Potential" to "Potentiality." Words ending in "dad" usually translate into "ity" in English. And since potentiality is an unusual word, the English-speaker won't be confused into thinking it has a conventional meaning.

    We commonly use the phrase "parental rights." I wonder if "grandparental rights" might not be a better translation than either "Potential" or "Potentiality."
     
  4. Gabby--> Junior Member

    USA
    English - USA; Spanish - SA
    I agree with RicardoElAbogado: the concept does not translate well. Parents hold a fundamental right to the care, custody, etc. of their children. This fundamental right can be breached only in very limited circumstances (abuse, neglect, etc.). The U.S. Supreme Court, in 2000, handed down the Troxel v Granville decision that deals with grandparental (non- or limited-) rights.

    A summary of the case is here: http://www.oyez.org/cases/1990-1999/1999/1999_99_138

    The case itself can be found here:

    http://www.law.cornell.edu/supct/html/99-138.ZS.html
     
  5. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    I read what Gabby said, "This fundamental right [of parents] can be breached only in very limited circumstances" to mean that giving rights to grandparents would be a violation of the rights of the parents except in the limited circumstances cited by Gabby.
     
  6. ilssear

    ilssear Junior Member

    All over the world
    Chilean Spanish
    That is true for US Law, but it is not the case in Mexican (where the Civil Code grants such rights to grandparents and even mentions relatives)

    In ancient roman law, the father had the right of life and death over the kids, and although this evolved in time, parental rights over the children, including their possessions was something that was always part of the law.

    It is my understanding that a similar right is included in Argentinian law.

    On a side note, the Troxel case did not deal specifically with the issue of grandparents rights, but more generally with Washington Rev. Code §26.10.160(3), which 'permits "[a]ny person" to petition for visitation rights "at any time" and authorizes state superior courts to grant such rights whenever visitation may serve a child's best interest.' (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-138)

    When you read the dissenting opinions, Stevens would remand because the application of the statute had not been clarified by the Appellate Court, and in his opinion the law was poorly written (http://en.wikisource.org/wiki/Troxel_v._Granville/Dissent_Stevens)

    While Scalia believes that there are other interested parties who may have parental rights, but it is not up to the Federal Courts to rule on that:

     
    Last edited: Sep 29, 2010
  7. Taycaro Senior Member

    Chihuahua, Mexico
    Mexican Spanish
    Thank you to all of you who so kindly answered my question.

    I will use "grandparental rights" and "visitation rights" which I believe are more appropriate for my translation.

    Your help has been very valuable.
     

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