Glossary entry

Spanish term or phrase:

Sin efectos ejecutivos

English translation:

Without any enforceable effect

Added to glossary by Toni Castano
Feb 12, 2020 13:41
4 yrs ago
37 viewers *
Spanish term

sin efectos ejecutivos

Spanish to English Law/Patents Law (general) Deed of Inheritance
Los comparecientes, solicitan de mi el Notario, la expedicion de la primera copia autorizada de la present escritura, en soporte papel y sin efectos ejecutivos. No solicitandome la presentacion telematica de dicha copia.

This is the full sentence from the deed - sorry for lack of characters. Given the legal obligations upon a Notaire, I wonder if I have understood correctly that the parties are asking the notaire to issue the deed, and not record / issue it in digital records. the 'sin efectos ejecutivos' has thrown me in light of this obligation. There is a dispute on this matter I am told so I want to get this right.
Proposed translations (English)
4 +3 without enforceable effect
Change log

Feb 26, 2020 07:16: Toni Castano Created KOG entry

Proposed translations

+3
39 mins
Selected

without enforceable effect

We speak in Spain of “copia con o sin efectos ejecutivos”, i.e. an enforceable on non-enforceable (depending of the circumstances) copy of deeds. In this particular case, “ejecutivo” is the same as “ejecutable”, “enforceable” in English. The appearing parties ask this time the notary public to issue a non-enforceable copy of the deed on paper format, which clearly means that the deed already exists, pretty clear. They just want to have a copy of that deed, and besides a non-enforceable one (being the reasons for this unknown to me due to the lack of context).
As for your second question, if I have understood it well, no, you are wrong: “Presentación telemática” just means online filing or submission of the document. The parties ask the notary public to merely issue a non-enforceable copy of the deed, not to carry out an online filing of that same copy.



--------------------------------------------------
Note added at 53 mins (2020-02-12 14:34:07 GMT)
--------------------------------------------------

An example of "escritura con/de efecto ejecutivo" regarding the transfer of property in Spain:
http://www.lexland.es/en/why-do-title-deeds-of-purchase-have...
Why do Title Deeds of Purchase have to be signed before a Spanish Notary Public?
(…)
Having said this, in order for a public deed to be valid in Spain it should produce full and enforceable effects, allowing for the transfer and registration of the Property, both according to the law of the country of origin and according to the Spanish legislation.
Peer comment(s):

agree Adrian MM. : - without any enforceable effect. The 'appearers' may *well* = on spec. be stopping the Deed of Inheritance from taking effect, either if it is a strict settlement or a DoFa - a Deed of Family Arrangement, namely of Variation of a Will in Anglo-Am. law.
3 hrs
So you seem to know the background of what is behind of it. I didn´t. Thank you for your input Adrian, as usual very valuable and much appreciated.
agree AllegroTrans
6 hrs
Thanks Allegro.
agree Alexandra Stephens
5 days
Thanks Alexandra.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search