Glossary entry

Spanish term or phrase:

a verdad sabida y buena fe guardada

English translation:

on plain facts and fair dealing

Added to glossary by Evan Tomlinson
Jan 19, 2016 19:49
8 yrs ago
14 viewers *
Spanish term

a verdad sabida y buena fe guardada

Spanish to English Law/Patents Law (general)
This is a phrase that apparently represents how trials are supposed to proceed. In this case it describes trials in the mercantile court (consulado) of Sevilla in the 17th century.

Context: En el documento fundacional del Consulado se establece que la forma de administrar justicia ha de ser: determinando la dicha causa por estilo de entre mercaderes, sin libelos ni escritos de abogados, saluo solamente *la verdad sabida e la buena fe guardada* como entre mercaderes.

Proposed translations

+3
2 hrs
Selected

on plain facts and fair dealing

Phil is right; it's basically arbitration.

This is a very common phrase, historically, and Seth has pointed to its Mexican connection, but as your text shows it goes back further than that. It is a phrase fundamentally associated, in origin, with commercial courts and with the absence of professional lawyers. It was precisely associated with the consulados, where merchants sorted things out among themselves. So I feel that we want a translation, if possible, that expresses not just the meaning of the phrase but the ethos behind it.

"In other words, the decisions were not based upon legal norms, but upon commercial usages and the standard of conduct of good merchants.
This phrase, “verdad sabida y buena fe guardada,” expressed the idea of the aequitas mercatoria that was far more than a mere interpretative criterion to become a true source of law"
https://books.google.es/books?id=p2Us7gT3ua8C&pg=PA358&dq="v...

"como la institucion de los tribunales de comercio es juzgar iria verdad sabida y buena fe guardada»"
https://books.google.es/books?id=vLhFAAAAcAAJ&pg=PA12&dq="ve...

"A verdad sabida" doesn't exactly mean telling the truth; it means on the basis of the facts learned in the proceedings: "sabida" meaning "learned":

"la verdad sabida se entiende siendo la verdad hallada, y probada en el proceso, conforme a una ley de la Recopilación" (p. 452)
http://biblio.juridicas.unam.mx/libros/2/840/88.pdf

But the important subtext is the supposedly unvarnished truth uncomplicated by legal niceties like laws of evidence or cross-examination; in fact without legal guarantees at all:

"Últimamente como en el consulado solo se atiende á la verdad sabida y buena fe guardada, vale el dicho de los testigos sin citacion de la parte contraria"
https://books.google.es/books?id=jemblHU_W58C&pg=PA208&dq="v...

There is a certain naivety about this, the plain layman's attitude that these lawyers just muddy the waters and the facts are the facts, whereas of course in reality the truth is not so easily found. I feel that "plain facts" is a good way of capturing this unlawyerly attitude.

As for "buena fe guardada", it may seem almost perverse not to use "good faith", and I certainly think you could use it. But I like "fair dealing" here; it makes it a little clearer that the meaning of "buena fe guardada" in this phrase is really equity:

"La buena fe guardada se entiende, que se ha de guardar equidad en la justicia" (p. 452)
http://biblio.juridicas.unam.mx/libros/2/840/88.pdf

In other words it means that the parties deal fairly with each other and trust that the arbitrator will deal fairly with them. Fairness, again a naive, layperson's word, seem right to me. And a further advantage is that it echoes a well-known principle of contract law, that of "good faith and fair dealing":
http://www.huffingtonpost.com/brad-reid/good-faith-and-fair-...

I feel that "plain facts" and "fair dealing" are phrases that capture the outlook and self-image of the mercantile class, expressed in their arbitration system, quite well.
Peer comment(s):

agree James A. Walsh : Feels just right. Fantastically demonstrated, as ever!
43 mins
Thanks very much, James :)
agree Meridy Lippoldt
3 hrs
Thanks, Meridy :)
agree Seth Phillips : Great explanation and your answer sounds more natural 😀
2 days 22 hrs
That's very nice of you, Seth. Thanks :)
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4 KudoZ points awarded for this answer. Comment: "As always, a very helpful answer that captures the essence of what is being said."
+1
18 mins

based on known facts and in good faith

I assume "guardada" means "maintained", but I think you can leave it out, and "entre mercaderes" is repetition.

It sounds more like an arbitration procedure than a trial.
Peer comment(s):

agree Danik 2014
3 mins
Something went wrong...
46 mins

known truth and in good faith

In the old days in lieu of a notarized signature in front of 2 (reputable?) witnesses, the parties agreed to terms (verdad sabida) and the deal was closed with a good handshake (Buena fe). Honor was king and so it was defended (guardada).

Hope this helps.
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36 mins

[principle] based on findings of fact and in good faith

Source: Thomas West and Javier Becerra.

Interesting you mention Seville and the 17th century, when this phrase (as far as I know) was coined in Mexico [Nueva España] at the time Independence was being fought for. I can't find any sources tracing back any earlier than 1811. There is book on this (see link below).


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Note added at 48 mins (2016-01-19 20:38:08 GMT)
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1810*
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