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  3. Law (general)

id quod interest

English translation: id quod interest

18:02 Jul 21, 2012
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: id quod interest
Latin phrase which, as a lawyer, I have never seen in an English legal text.

Context: Spanish Supreme Court Ruling.

Phrase:

"...que no podrá ser el cumplimiento forzoso en forma específica, in natura, sino por equivalencia, id quod interest, es decir, indemnización de daños y perjuicios, como contempla el artículo 1107, que comprende los daños morales."

Any ideas???
Eoghan McMonagle
Spain
Local time: 16:26
English translation:id quod interest
Explanation:
In my experience, whenever I come across a legal expression in Latin, I just keep it in Latin in Italics, and add a footnote only if it is absolutely necessary.
Selected response from:

Mónica Algazi
Uruguay
Local time: 11:26
Grading comment
Thank you. I also agree with AllegroTrans, in some case when translating between Roman Law and Common Law texts, keeping the latin doesn't always work.
2 KudoZ points were awarded for this answer



Summary of answers provided
3 +5id quod interest
Mónica Algazi
Summary of reference entries provided
http://www.theodora.com/encyclopedia/i/interest.html
Helena Chavarria

Discussion entries: 1





  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
id quod interest


Explanation:
In my experience, whenever I come across a legal expression in Latin, I just keep it in Latin in Italics, and add a footnote only if it is absolutely necessary.

Mónica Algazi
Uruguay
Local time: 11:26
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 143
Grading comment
Thank you. I also agree with AllegroTrans, in some case when translating between Roman Law and Common Law texts, keeping the latin doesn't always work.

Peer comments on this answer (and responses from the answerer)
agree  Charles Davis
2 hrs
  -> Very interesting reference! Thank you, Charles.
agree  AllegroTrans: this appears to be correct, but simply repeating Latin terms is not always correct, especially when translating between Roman law and Common law texts and vice versa
3 hrs
  -> In such a case, a footnote may be necessary. Thank you, AllegroTrans.
agree  veronicaes
8 hrs
  -> Gracias, Verónica.
agree  James A. Walsh
15 hrs
  -> Thank you, James.
agree  Beatriz Zorron-Minhondo
1 day 17 hrs
  -> Gracias, Beatriz.
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Reference comments


7 mins
Reference: http://www.theodora.com/encyclopedia/i/interest.html

Reference information:
By Roman law, where one party to a contract made default, the other could enforce, over and above the fulfilment of the agreement, compensation based on the difference (id quod interest) to the creditor's position caused by the default of the debtor, which was technically known as mora, delay.

Helena Chavarria
Spain
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 373
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