Oct 18, 2020 17:31
3 yrs ago
114 viewers *
Spanish term

sustantiva

Spanish to English Law/Patents Law (general)
Sus datos personales serán objeto de tratamiento en esta notaría, los cuales son necesarios para el cumplimiento de las obligaciones legales del ejercicio de la función pública notarial, conforme a lo previsto en la normativa prevista en la legislación notarial, de prevención del blanqueo de capitales, tributaria y, en su caso, *sustantiva* que resulte aplicable al acto o negocio jurídico documentado.

The above passage is from a power of attorney made in Spain, in the section where the grantor of power is informed about data protection.
I am unable to understand the use of "sustantiva" in that sentence (towards the end).
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Discussion

Robert Carter Oct 19, 2020:
It's talking about any relevant substantive legislation that applies to the juridical act or legal transaction described in the notarial record in question.
Robert Carter Oct 19, 2020:
@Neil Nope, "substantiva" is not modifying "normativa", it's modifying "legislación" (legislación notarial, [legislación] de prevención del blanqueo de capitales, [legislación] tributaria y, en su caso, [legislación] sustantiva), for what it's worth (although that doesn't invalidate your suggestion of "substantive" at all).
neilmac Oct 19, 2020:
@ASKER I've already pointed out that "sustantiva" collocates with "normativa", as in Ana's reference, yet you still keep asking others about it. "O ye of little faith".... :-)

Proposed translations

9 hrs

any and all rights and resposibilities

Substantive law is the set of laws that governs how members of a society are to behave. ... Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law. It may be codified in statutes or exist through precedent in common law.

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Note added at 9 hrs (2020-10-19 03:20:01 GMT)
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in your particular context
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14 hrs

considerable

It's also substantive as it has an effect which could be an influencing factor.
The description is in relation to notarial work which has a substantive or considerable effect.

'El capital puede ser tributario, y en su caso sustantivo, que resulte aplicable al acto u negocio, jurídico documentado.'

'The money may be contributory (tax-paying) capital, and in this case it's considerably substantive, as it may be applicable during legal, business and documented events or proceedings.'
Example sentence:

'Sus datos personales serán objetos de tratamiento en esta notaría, los cuales son necesarios para el cumplimiento de las obligaciones legales del ejercicio de la función pública notarial, de la prevención del blanqueo de capitales.'

'Personal information will be an object for attention in a public notary's office, which is necessary for purposes of legal requirements, within the practice of public notary work towards the prevention of money laundering.'

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+1
43 mins

substantive

In the sample paragraph provided, I would probably just use the literal translation. It looks like boilerplate legalese.

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Note added at 14 hrs (2020-10-19 07:52:07 GMT)
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I think it t refers to !"normativa", as in Anna's reference post:
https://www.linguee.com/spanish-english/translation/normativ...

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Note added at 14 hrs (2020-10-19 07:53:09 GMT)
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I.e. "substantive regulations":

https://uscode.house.gov/view.xhtml?req=(title:2 section:138...

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Note added at 14 hrs (2020-10-19 07:53:54 GMT)
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"Legislative or substantive regulations are those that are issued pursuant to a specific authorization...."

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Note added at 20 hrs (2020-10-19 14:30:33 GMT)
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NB: It is not "missing a noun". It collocates with "normativa (regulations), as in Ana's reference (normativa sustantiva).

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Note added at 21 hrs (2020-10-19 14:37:29 GMT)
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Perhaps it works better as an adverb in English (substantively = with regard to legal rights and duties).
So, one possible version of your whole sentence could be something along these lines:
“Your personal data will be processed in this notary's office, as required with the legal obligations of the exercise of the notarial public function, in accordance with the provisions of the regulations set forth in notarial legislation, on prevention of money laundering, taxation and, where appropriate, substantively, as applicable to the documented legal act or business.”
Note from asker:
Thanks, do you know which noun the adjective "sustantiva" refers to in this particular sentence? It doesn't make much sense if I translate that part as "... and, where applicable, substantive that is applicable to the legal act or business documented" in English. "Substantive" looks like it's missing a noun.
Peer comment(s):

agree Robert Carter : Yes, as in substantive law (cf. procedural law). I'd quibble with some of the choices you've made in your translation of the sentence though.
1 day 1 hr
Cheers :) Obviously, it needs tweaking and I was just passing through...
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+1
1 day 6 hrs

substantive law (and regulations)

This is very standard language. There is substantive law and there is procedural law. The author is reciting various types of applicable law, and one of these types is: "substantive law applicable to the act or transaction being documented [(in the Notarial Deed in question in a given instance)]".
(For "applicable" one may substitute "pertaining".)
Peer comment(s):

agree neilmac
8 hrs
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Reference comments

38 mins
Reference:

normativa sustantiva

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1 hr
Reference:

substantive

Personal data ..... in its case, substantive ..., i.e. based on fact/having a firm basis/foundation, so that the act can have validity and be upheld.

substantive
1. having a firm basis in reality and so important, meaningful, or considerable.
"there is no substantive evidence for the efficacy of these drugs"
2. having a separate and independent existence.
Note from asker:
"datos" is masculine plural and "sustantiva" is feminine singular, so it doesn't seem like it applies to the datos. Do you know which noun "sustantiva" applies to?
Peer comments on this reference comment:

agree neilmac : I've already pointed out (hours ago) that it collocates with "normativa"....
19 hrs
Thanks so much Neil. I know the question was asked repeatedly. Stay safe!
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