representante legal y apoderado

Discussion in 'Legal Terminology' started by djeneba, Jan 20, 2010.

  1. djeneba Senior Member

    Torreón, Mexico
    English; Seattle, USA

    This phrase appears in a mercantile contract in Spanish and needs to be translated into English. Here it is with a little context:

    "Contrato de Comisión Mercantil que celebran por una parte la empresa... denominada X, representada en este acto por su representante legal y apoderado, Señor X..."

    Since I often translate "apoderado" as "legal representative", this phrase seems a little reduntant to me. On the other hand, I was thinking of "apoderado" in terms of someone who acts on behalf of someone/a company in general - maybe an attorney in fact???

    Does this translation make sense, or is there a better option?

    "Mercantile Commission Contract, undertaken by the party of the first part, the company named X, represented in this document by its legal representative and attorney in fact, Mr. X..."

    Thank you for your suggestions!!!

    (Any help with other terms or wording is greatly appreciated too!)
  2. inFusion Senior Member

    Barcelona (España)
    Català, Castellano
    In the Law field, is there any difference between "legal representative" and "attorney-in-fact"?

    In Spanish they mean the same, it's just that depending on the field people use one or another.

    Without kowing anything else about your text and sphere, it seems a little redundant to me too.
  3. djeneba Senior Member

    Torreón, Mexico
    English; Seattle, USA
    Thanks inFusion,

    Yes, I agree. It seems pretty redundant. I suppose I use just one term to translate the phrase into English. What do you think?

    "representante legal y apoderado...." --> "legal representative"
  4. Anwar Boylston Senior Member

    New York
    U.S.A.; English
    Maybe you've got a noun with two adjectives following; for example, "represented in these proceedings by its representative, legal and empowered to act, . . .

    Using apoderado as a noun I agree that the reading that puzzled you is redundant. That's not enough to doubt your translation. In New York no lawyer was ever disbarred for writing redundant contract language.
  5. djeneba Senior Member

    Torreón, Mexico
    English; Seattle, USA
    Thanks Anwar!

    I enjoyed a little chuckle imagining lawyers being disbarred for reduntant contract language. It would really make life easier for translators! :)

    I guess, as a faithful translation of the original, I'll keep it redundant!

  6. inFusion Senior Member

    Barcelona (España)
    Català, Castellano
    I think that's the better option, since that's the typical way the legal field express itself.

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