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Glossary entry

Spanish term or phrase:

Resuelve y resolverse

English translation:

The court hereby resolves/decides/orders/decrees

Added to glossary by yolanda Speece
Sep 4, 2022 15:37
1 yr ago
39 viewers *
Spanish term

Resuelve y resolverse

Spanish to English Law/Patents Law: Contract(s) DIVORCE DECREE
Once again. it is the divorce decree.

It is from Mexico

POR LO ANTERIORMENTE EXPUESTO, FUNDAMENTOS LEGALES INVOCADOS Y CON APOYO ADEMAS EN LOS ARTICULOS X, Y, Z Y ABC Y DEMAS RELATIVOS DEL CODIGO DE PROCEDIMIENTOS CIVILES ES DE RESOLVERSE Y SE RESUELVE

and then it details how it is resolved?

how would you translate these words? maybe I am making it more difficult but it looks like resolve itself and it resolves. But I am not sure. How would YOU translate these words?

Thanks!
Proposed translations (English)
4 +2 The court hereby resolves/decides/orders/decrees
4 +3 is to be decided, and is hereby decided
4 It is hereby (ordered,) adjudged and decreed
4 ordered and adjudged

Discussion

Sandro Tomasi Sep 4, 2022:
@Myriam I agree with you about past entries and that “resolve” is not appropriate for said context.
Myriam Seers Sep 4, 2022:
For the record, I'm not a fan of those responses for several reasons, so perhaps it's not a bad thing to get a new thread going! "Resolved" is good for a corporate resolution. It's no good for a judicial order/decree. In English, courts don't resolve, they decide. And to make matters worse, in the litigation context, to "resolve" means to settle the case. So the parties to a divorce may "resolve" in their settlement agreement (but even then, it would be better for them to "agree").
yolanda Speece (asker) Sep 4, 2022:
Thanks TONI I have but for some reason it always tells me that there isn't anything there. That is why I ask. But as always TONIE, thanks for the head's up!
Toni Castano Sep 4, 2022:
@Yolanda Speece Take a look here:
https://www.proz.com/kudoz/spanish-to-english/law-general/30...

It is always worth examining the KudoZ glossaries, you may find (many times!) very helpful information inside.

Proposed translations

+2
1 hr
Selected

The court hereby resolves/decides/orders/decrees

Any of these is fine, but you can't retain the structure of the Spanish.

--------------------------------------------------
Note added at 1 hr (2022-09-04 16:50:53 GMT)
--------------------------------------------------

Also, it's better to have a subject to the sentence - "the court decides", rather than "it is decided".
Peer comment(s):
agree Myriam Seers : I think this one works, but it does lose some of the meaning of the Spanish. I think Y should check with her client about this decision (more readable in English at the expense of losing some source meaning)
3 mins
That's very gracious of you! Thanks.
agree Robert Carter : Agree with "decides". I can't think of any meaning that's being left out here if you translate the rest of the sentence; the court's imperative here is implicit. Could it reasonably be construed otherwise if you took out "es de resolverse"?
10 hrs
neutral Adrian MM. : you obviously have a problem 'deciding' which of (my) alternatives to use.
2 days 21 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
+3
4 mins
Spanish term (edited): es de resolverse y se resuelve

is to be decided, and is hereby decided

In light of the foregoing, the legal grounds relied upon and further supported by articles x, y, z and abc and other related articles of the Code of Civil Procedure, the following is to be decided, and is hereby decided.
Peer comment(s):
agree Jennifer Levey : Yes - first it establishes what needs to be done (in order to hand down a valid judgement), then states what is being done to fulfill that requirement.
10 mins
Thanks!
agree AllegroTrans : You could also say "adjudged" but this is fine. And in any case, there is no need to "ape" the style of UK, Canada or anywhere else as long as a plain, legally sound, rendering is achieved.
18 mins
plain language, people! :)
agree Toni Castano : I agree with you, but please read, for example, Henry Hinds´answer, very similar to yours and posted over 14 years ago. // You are certainly right, you need to adapt/adjust, not too much though...
23 mins
Fair! Although I wouldn't use "should be" for "es de". In Spanish it's mandatory language, no? So "is to be", "shall be" or "must be"
disagree Adrian MM. : As a practisng commercial lawyer in Canada, you still ought to know that this wording is not used in divorce decrees.
30 mins
See above in the discussion. I disagree.
neutral philgoddard : We simply wouldn't say this in English. You don't say "I had to and paid my taxes", you say "I paid my taxes".
58 mins
True. So would you get rid of the first part, and simply say "hereby decides"? I could get behind that.
agree Sandro Tomasi : Decided is good. Another option is to leave out “es de resolverse y” and just translate “se resuelve” as “the court finds...”.
59 mins
That could work! Be careful with "finds" though. Courts "find" facts, but they otherwise "hold" or "decide", etc.
Something went wrong...
34 mins

It is hereby (ordered,) adjudged and decreed

Note in E&W the 'adjudged' or 'ordered' wording e.g. in the Bar Drafting Manual : High Court of Justice in London > 'It is adjudged that the defendant do pay...'.

'By consent, it is ordered..'.

Example sentence:

Note for Canada: AND THIS COURT DOTH ORDER AND ADJUDGE that the said Decree of Dissolution of marriage be and is hereby made absolute.

Reference:

http://www.govinfo.gov/content/pkg/USCOURTS-alsd-2_11-cv-00147/pdf/USCOURTS-alsd-2_11-cv-00147-2.pdf

http://www.proz.com/kudoz/english-to-spanish/law-taxation-customs/6327850-now-therefore-it-is-hereby-ordered-adjudged-and-decreed.html

Peer comment(s):
agree Toni Castano : Typical standard legalese form, but as you say for E&W. Yolanda might be translating for the US market (pending her confirmation, sure!).
2 mins
Thanks and gracias, Toni.
neutral AllegroTrans : When I worked for the LCD I drafted County Court and High Court District Registry orders. This wording was never used. Have you read the 21st (revised) edition of the Bar Drafting Manual? Anyway, why do we have to "ape" the US style?
6 mins
It's not mUS style and this is the wording I used for 'consent orders' at the Royal Courts of Justice in London.
disagree Jennifer Levey : Regardless of whether your translation reflects standard E&W and/or US legalese, it doesn't actually reflect the meaning of the ST.
10 mins
' literal translation is usually a bad one'. Resolved is not used in E&W divorce decrees, rather in international arbitration awards, as you ought to know..
neutral philgoddard : Three redundant words.
30 mins
rather disengenuous since you have picked three of the alternatives and taken out the adjudged in your own confused, scattergun answer ambiguously separated by / .
Something went wrong...
1 day 8 hrs

ordered and adjudged

El documento parece ser una sentencia de divorcio en la que el juez ha disuelto el vínculo matrimonial, el documento describe los fundamentos de Derecho que sustentan el fallo, donde se describen los hechos. Por lo tanto, las palabras: resolverse y se resuelve deberían traducirse como: ordered and adjudged.
Example sentence:

The court ordered and adjudged.

Reference:

https://www.latestlaws.com/wp-content/uploads/2015/04/Blacks-Law-Dictionery.pdf

Something went wrong...
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