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vista en cuenta

Discussion in 'Legal Terminology' started by Fantasma13, Feb 1, 2013.

  1. Fantasma13

    Fantasma13 Junior Member

    Chile
    Español
    Hola:

    En la ley chilena del consumidor en una parte dice lo siguiente:


    "No será aplicable a este recurso lo dispuesto en los artículos 200, 202 y 211 del Código de Procedimiento Civil y sólo procederá su vista en cuenta".


    Sucede que he buscado y buscado, en Internet, en foros, en glosarios y diccionarios la expresión nominal "vista en cuenta", y sencillamente no se me ocurre cómo traducirla al inglés. ¿A alguien se le ocurre algo?


     
  2. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    My dictionary says that cuenta a la vista means "instant access account."

    ¿Es eso una pista?
     
  3. Fantasma13

    Fantasma13 Junior Member

    Chile
    Español
    Nope. That is a different thing. I'd say that's what we here in Chile call just a "cuenta vista". I asked a friend of mine who is a lawyer about "vista en cuenta", and she explained to me that, basically, it is a sentence delivered by the court based only on the account of the court reporter. Anyways, if somebody knows more about this and knows an english equivalent, it would be great to know. Cheers.
     
  4. robjh22 Senior Member

    U.S.A. & English
    I originally thought the translation would be "suit on account." I was prompted by what I thought was the related term "cuenta a la vista," a banking term that I think corresponds to our "debit account." (You can deposit money into and withdraw form it with a card, but can't write checks):

    http://www.bancafacil.cl/bancafacil...&idPublicacion=3000000000000022&idCategoria=6

    But I am very, very doubtful now, especially in light of Ricardo's aporte below, at #5.
     
    Last edited: Feb 1, 2013
  5. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    Rob, in US law, suit on open account and suit on book account are different from what you are describing. These are "common counts," and all they afford is simplified pleading. All defenses are available. What you are describing sounds more like the rights of a holder in due course of a negotiable instrument.

    One possibility, based on the is that the explanation of Fantasma, is that it is equivalent to a judge making a decision on the papers submitted rather than on live testimony. I understand that in Mexico this was common, though I understand that this is being changed in Mexico now.
     
  6. robjh22 Senior Member

    U.S.A. & English
    Okay, good. Thanks. I have deleted my original comments above regarding suits on open account in the USA.

    Anyway ... we are still left with offering a reasonable translation, if not a U.S. equivalent, for "su vista en cuenta." If your suggestion has merit, and it probably does, one translation of sólo procederá su vista en cuenta might be "the matter will be decided on the pleadings alone."

    I try now to avoid looking for "equivalents" in English-language systems (we do have a "Judgment on the Pleadings"), tempting as it is, because they may materially differ in purpose and scope, even if they "more or less do the same thing" as the proceeding in the Spanish-speaking jurisdiction.
     
    Last edited: Feb 1, 2013
  7. Fantasma13

    Fantasma13 Junior Member

    Chile
    Español
    Thank you all for your comments. I too think the best thing in this case is not to look for a terminologic equivalent, but rather to explain the concept a bit. Cheers.
     
  8. robjh22 Senior Member

    U.S.A. & English
    So what are you going with, Fantasma?
     

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