Escritura Pública

Discussion in 'Legal Terminology' started by Alicia06, Jan 13, 2006.

  1. Alicia06 Member

    Español Nicaragua
    Field and topic:
    cuando se registra una empresa o negocio

    Sample sentence:
    el termino que necesito traducir es: escritura publica

  2. begoña fernandez Senior Member

    Spain - Spanish
    Hola Alicia:
    Escritura en general es "deed". Ahora bien si es pública convendría añadir que es: a deed witnessed and recorded by a notary public

    si buscas en anteriores "hilos" tendrás más versiones, sin duda.
  3. Meggie New Member

    US - English
    I have REAL ISSUES with the use of the word 'deed' AT ALL in English translations from Civil Law jurisdictions.

    I am a Louisiana licensed attorney, and my state uses the Napoleanic Code - the only state in the US. We are strictly taught not to mix civil and common law terms.

    The world 'deed' does not exist in our code, which is a mixture of civil and common law and all in Engilsh. I believe we are the only English-speaking civil law jurisdiction in the world?

    In Louisiana, we use private act, public act, or title in place of what is called a 'deed' in common law. (A private act is just between the parties to the transaction. A public act is before a notary, duly acknowledged, with 2 witnesses.)

    Any comments on this? Maybe someone from Quebec, or another mixed civil/common law jurisdiction can resolve this for me? PLEASE.
  4. debe Member

    español, México
    public deed
  5. Edguy Member

    Spanish - Argentina
    Nosotros vimos este tema en la facultad el año pasado, el profesor "Walter Kerr" (para quienes lo conozcan, interprete presidencial de la Argentina) aprob{o la opci{on "nortarially recorded deed".

    Me parece una opci{on clara y concisa, m{as all{a de tener el muy buen aval de Kerr!!
  6. Meggie New Member

    US - English
    Excelllente. Explica todo. Nuestro codigo dice siempre "public act" y "private act" - pero nos enseñan que significan estes termines.

    En general, ahora me acuerdo que se dice en el codigo civil de Louisiana "notarial act". I've obviously been brainwashed against the word "deed"... In our property law, we always use 'title' instead of deed, and were strictly taught that deed is a bad word in civil law.

    But I suppose it gets back to the issue of being accurate or being understandable to the majority of people?

    Thanks very much for clarifying this.
  7. Edguy Member

    Spanish - Argentina
    Bueno, nosotros tenemos para "public act" y "private act" los t{erminos "acto p{ublico" y "acto privado". Calculo que el significado ser{a el mismo, ya que en Louisiana compartimos el origen continental en ambos sistemas, a diferencia del resto de EE.UU.

    La otra cuesti{on es que si habl{aramos de "title", para escritura, dejar{iamos en claro que se trata de un instrumento escrito emitido por el escribano/notario por el cual {este certifica el acto p{ublico que presenci{o? Q opin{as?
  8. dauda98 Senior Member

    United States
    I agree with Maggie that deed would be incorrect, however, I disagree that it should be avoided all together. Maybe in Louisiana they have an issue with the term, but not in the rest of the US and certainly now in Black's Law Dictionary. Honestly, deed should only be used in reference to property/real estate. Deed=title of property. So whoever this Walter Kerr is, he definately forgot to research the word when he suggested it be used for escritura publica.

    I don't think private act would work since the definition is: those acts made by private persons as registers in relation to their receipts and expenditure, schedules, acquittances, and the like.

    I think Meggie is correct when she said "public acts" [ those acts which have been made before public officers, are authorized by a public seal, have been made public by the authority of a magistrate, or which have been extracted and been properly authenticated from public records].
  9. Edguy Member

    Spanish - Argentina
    Well, I was talking about real property, actually...!!! I thought it was obvious...
  10. masterworld

    masterworld Member

    Español-Sudamerica / Spanish-SouthAmerica
    Hola...encontre un termino "commons deed"...¿se podra traducir como "acuerdo comun"? (porque "escritura comun" como que no encaja...)
  11. Meggie New Member

    US - English
    Public act, private act and notarial act do not merely relate to registering receipts, expenditures, scheudles and acquittances. Deeds and Acts are very different iinstruments, distinction between a deed and an act, in my opinion, IS important because of the significant role of the notary that is absent in common law. Sometimes, an act (escritura) is legit. if just between the parties. Sometimes it has to be publicly witnessed, and other times it has to be publicly witnessed before a notary. Which type of act you execute depends on what you are doing with the escritura.

    'Title' in our code is the closest equlivalent to a deed - an ownership document for property. I didn't explain myself fully, but you did and thanks. When you register a company, how is it possible to use the word "DEED"? since deed shows ownership of something - not a juridical person - and the act of registering a company is part of establishing it as a juridical person.

    Now that I read what everyone else wrote, and with all due respect to the interpreter for the Pres. of Argentina - placing the word 'notarial' before deed does not transform a deed into an act. As far as I understand, deed and title are basically the same thing- but still not exactly. This is why we were told not to mix common and civil law terminology, even in our mixed jurisdiction, because there are shades of meaning that change in with the terminology from one system to another.

    As far as I understand common law property law (which isn't much), there is a system of deeds used to exhibit various types of ownership. We don't have a system of acts or a system of titles to prove ownership - and instead define ownership in TERMS (like usufruct) - rather than with acutal different types of legal instruments.

    Please don't think I'm being nervous - this is just a real pet peeve of mine. I've even contacted the Louisiana Law Institute (the redactors of our code) to have their opinion on the matter. I'm just neurotic and obsessive about accuracy because I am a lawyer and a translator!

    This discussion has been extremely helpful - thank you all.
  12. Meggie New Member

    US - English

    Well, that's just my point. The rest of the US doesn't use the Napoleanic Code, so how can they determine our legal terminology?

    With how technical the law is, I don't see how the rest of the country finds it OK to change our legal terminology to fit the common law.

    This is why it bothers me - lawyers are sticklers for detail and accuracy, and using deed in the place of act is patently WRONG - in my not so humble opinion :)).

    Why should the civilians adapt to the common law terms? The ISSUE we have in Louisiana is that it is not correct to use deed for act. The words do not portray the same actions and meanings under the law.
  13. mid4me Member

    Enlish & Spanish
    ESCRITURA PÚBLICA = public notarial instrument/document of public record
  14. kiwitrad Member

    New Zealand English / Castellano chileno
    In my humble opinion (New Zealander in Chile with experience in legal translations and studies in English and Spanish in related fields) the last translation by mid4me is the most accurate and most easily understood by the widest audience.
  15. mid4me Member

    Enlish & Spanish
    Thank you!

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