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Glosa
Plano factorial de clúster
Sep 4, 2021 21:23
2 yrs ago
27 viewers *
Spanish term

cuantía inaudita parte,

Spanish to English Law/Patents Law (general) law
Su fijación no requiere de una prueba acabada de los ingresos del alimentante ni de los requerimientos del beneficiario, pudiendo resolverse la procedencia y
cuantía inaudita parte, o bien previa sustanciación del pedido con el demandado, a través de
un traslado o incluso una audiencia.
Proposed translations (English)
4 +1 with one party unheard/ unrepresented
4 +1 the merits and amount may be determined without hearing the other party
3 +1 ex parte ; without notice to the other side
3 determine liability and quantum in the absence of/without hearing the other party

Discussion

John Rynne Sep 26, 2021:
Procedencia I think "procedencia" almost certainly means "whether the payment is appropriate or not" (and not, "where it comes from")
Kristina Love Sep 24, 2021:
I think "la procedencia" should be translated as "the provenance" or "the source" or "the origin." (Not merits or liability.)
John Rynne Sep 8, 2021:
Parsing The phrase actually breaks down as follows:
pudiendo resolverse [la procedencia y cuantía] inaudita parte
That is to say, the issues of "procedencia" and "cuantía" can be decided upon without the need to hear the other party.
The word "cuantía" should not be part of your question.

Proposed translations

+1
49 mins

with one party unheard/ unrepresented

Its determination does not require full proof of the income of the maintenance creditor or of the requirements of the beneficiary, and it can be decided inaudita parte, or after the request has been substantiated with the respondent, by means of the and amount can be decided inaudita parte, or after the request has been substantiated with the defendant, by means of a a transfer or even a hearing.


https://dictionary.thelaw.com/parte-inaudita/
Peer comment(s):
agree Cristina Zavala : http://universojus.com/definicion/inaudita-parte
14 hrs
Thank you!
Something went wrong...
+1
6 hrs

the merits and amount may be determined without hearing the other party

This is not a Latin tag that I have heard in court before and there is a trend to minimise their use I would propose "the merits and amount may be determined without hearing the other party " http://universojus.com/definicion/inaudita-parte

saludos
Peer comment(s):
agree AllegroTrans
12 hrs
Something went wrong...
+1
6 hrs
Spanish term (edited): inaudita parte

ex parte ; without notice to the other side

To parse the phrase correctly, the inaudita parte collocates with the resolverse, so the 'meritoriousness (legal basis etc., West) and quantum being determinable ex parte / without notice to the other side.

inaudita parte > ex parte; without notice to the opposing party, West

E+W civil justice law reforms of 1998: ex parte = without notice vs. inter partes = on notice.

Middling confidence level as unsure of Latin vs. English preference.
Reference:

http://www.wikiwords.org/dictionary/term/13690/27334

http://eng.proz.com/kudoz/spanish-to-english/law-contracts/2647367-su-concesión-inaudita-parte.html

Peer comment(s):
neutral Angelo Berbotto : I thought about "ex parte" as well, but I decided against it because there is no suggestion that the other party is not involved in the proceedings. I think that the issue here is that the judge does not require hearing from the other party to decide.
34 mins
neutral AllegroTrans : I rather agree with Angelo that this is not a true ex parte matter
12 hrs
agree Kristina Love : I think these comments are not taking into account that we're translating the phrase " inaudita parte" and not the entire passage. The entire passage explains all that well enough. I think ex parte is fine.
19 days
Something went wrong...
1 day 58 mins
Spanish term (edited): resolverse la procedencia y cuantía inaudita parte,

determine liability and quantum in the absence of/without hearing the other party

my pennyworth

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Note added at 1 day 1 hr (2021-09-05 22:23:55 GMT)
--------------------------------------------------

I have assumed, perhaps incorrectly, that this is about a liability claim, maybe something like a RTA case
Peer comment(s):
neutral Angelo Berbotto : I don't think so, "alimentante" refers to pensión de alimentos. Therefore, I think that this is a child or spouse maintenance case.
12 hrs
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