que motiva su otorgamiento y de la fecha de éste

English translation: that motivates their execution and of the date thereof

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:que motiva su otorgamiento y de la fecha de éste
English translation:that motivates their execution and of the date thereof
Entered by: Ruth Ramsey

16:11 Feb 14, 2016
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Sale/Purchase Agreement
Spanish term or phrase: que motiva su otorgamiento y de la fecha de éste
Sale and Purchase Agreement - Aircraft (Spain)

Is there a more appropriate word than "motivates" here? Does "otorgamiento" mean "grant" or "draw up"? I'm assuming that "éste" refers to "otorgamiento".

Many thanks in advance for your assistance.

"Para la transferencia de la propiedad del airframe se deberá concretar que sólo se transfiere el casco. Los principales términos del contrato definirán las partes, la situación del casco y las condiciones en que se entrega y acepta cada uno, y que se le hace entrega al comprador. En cuanto a la formalización de estos contratos, puede ser privado, pero debe tenerse en cuenta que si se formaliza en documento publico (escritura publica o poliza notarial), hacen prueba, aun contra tercero del hecho que motiva su otorgamiento y de la fecha de éste. (articulo 1.218 del Codigo Civil)."

http://www.translatorscafe.com/tcterms/en-GB/thQuestion.aspx...
Ruth Ramsey
United Kingdom
Local time: 00:00
that motivates their execution and of the date thereof
Explanation:
See discussion area. I don't by any means always agree with the Ministry of Justice's official English translations of Spanish laws, but I think this one is OK. "Motivates" seems all right to me. If you don't like it, I suppose you could say "prompts" or "brings about" or "gives rise to", but these alternatives and others that come to mind seem to me less accurate. You could say "of the fact by reason of which they were executed and of the date on which this occurred/was done", if you like. "Otorgar", in the context of notarial instruments, means execute, not draw up and not grant. And execute is not the same as sign. See many previous Kudoz questions and/or legal dictionaries.

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Note added at 3 hrs (2016-02-14 19:59:09 GMT)
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Just to elaborate a little on my comment on Phil's answer, "hacen prueba del hecho que motiva su otorgamiento" doesn't mean "constitute evidence of why they were executed". It's not evidence of the reason for executing the instruments (which could be all sorts of things); it's evidence of the facts certified in the instruments, by reason of which they were executed.

It is very often a mistake, in my opinion, to simplify legal texts. You can easily assume that it comes to the same thing, but this is very often because you haven't thought carefully enough about why it was expressed the way it was.

And just by the way, it's not a question of whether you need to cite the actual words of the Civil Code; the ST does cite them, verbatim, and this is of course deliberate.
Selected response from:

Charles Davis
Spain
Local time: 01:00
Grading comment
Thank you, Charles.
4 KudoZ points were awarded for this answer



Summary of answers provided
4why and when they were executed
philgoddard
4that motivates their execution and of the date thereof
Charles Davis
4(of the reason) behind the making thereof and of the date of the latter
Adrian MM. (X)


Discussion entries: 3





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
why and when they were executed


Explanation:
I feel the Spanish takes a lot of words to say something that can be expressed quite simply in English.

I feel Charles' second answer is partway there, but "the fact by reason of which" is a rather complicated way of saying "the reason for which", in other words "why".

There's no need to cite the actual words of the civil code, or its not-very-good translation. It's too literal, and "even" for "aún" is quite simply wrong.





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Note added at 2 hrs (2016-02-14 18:39:48 GMT)
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Sorry, "aun".

philgoddard
United States
Does not meet criteria
Native speaker of: English
PRO pts in category: 493
Notes to answerer
Asker: Thanks Phil. What does "aún" mean here? I thought it meant "even".

Asker: Just to clarify, it's "aun" in the source text and not "aún" as I wrote in my note above. I think it must mean "even" here.

Asker: Thanks for your answer, Phil.


Peer comments on this answer (and responses from the answerer)
neutral  Charles Davis: This is not a comment on the answer itself but simply to point out that aun does mean even. There is nothing else it could mean. / But while I'm at it, "why" is too vague; evidence of motivation is not the same as evidence of the fact that motivated.
56 mins
  -> "Even" makes no sense in the context. The idea is "also" or "including".
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
that motivates their execution and of the date thereof


Explanation:
See discussion area. I don't by any means always agree with the Ministry of Justice's official English translations of Spanish laws, but I think this one is OK. "Motivates" seems all right to me. If you don't like it, I suppose you could say "prompts" or "brings about" or "gives rise to", but these alternatives and others that come to mind seem to me less accurate. You could say "of the fact by reason of which they were executed and of the date on which this occurred/was done", if you like. "Otorgar", in the context of notarial instruments, means execute, not draw up and not grant. And execute is not the same as sign. See many previous Kudoz questions and/or legal dictionaries.

--------------------------------------------------
Note added at 3 hrs (2016-02-14 19:59:09 GMT)
--------------------------------------------------

Just to elaborate a little on my comment on Phil's answer, "hacen prueba del hecho que motiva su otorgamiento" doesn't mean "constitute evidence of why they were executed". It's not evidence of the reason for executing the instruments (which could be all sorts of things); it's evidence of the facts certified in the instruments, by reason of which they were executed.

It is very often a mistake, in my opinion, to simplify legal texts. You can easily assume that it comes to the same thing, but this is very often because you haven't thought carefully enough about why it was expressed the way it was.

And just by the way, it's not a question of whether you need to cite the actual words of the Civil Code; the ST does cite them, verbatim, and this is of course deliberate.

Charles Davis
Spain
Local time: 01:00
Does not meet criteria
Native speaker of: English
PRO pts in category: 451
Grading comment
Thank you, Charles.
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21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(del hecho) que motiva su otorgamiento y de la fecha de éste
(of the reason) behind the making thereof and of the date of the latter


Explanation:
Motivate in Romance lingos for 'motivar' is a well-known false friend 9 times out of 10 and more commonly means *justify* or underpin. Motivation is often on all fours with rationale or substantiation. Phil G.: the reason why or wherefore.

hacen prueba, aun contra tercero(s) > are evidence (act as a contractual estoppel: perhaps someone on TC picked upon that one) against third parties.

Otorgamiento: granting, making or executing etc. vs. *engrossment* = drawing-up. Reverse translation technique: how would making of a contract or deed be translated back into the Spanish language: a wording with 'efectuation' or, simply, otorgamiento.

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Note added at 21 hrs (2016-02-15 13:28:07 GMT)
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3rd web ref. try: http://www.proz.com/kudoz/spanish_to_english/linguistics/339...

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Note added at 4 days (2016-02-19 11:40:19 GMT) Post-grading
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despite which reason you, Ruth, did - in the erstwhile, majestic Roman City of Verulamium - verily pick another motivational answer.


    Reference: http://www.proz.com/kudoz/spanish_to_english/linguistics/339...
Adrian MM. (X)
Local time: 01:00
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 547
Notes to answerer
Asker: Thanks for your answer, Adrian. I think "of the reason" could work here as well.

Asker: Unfortunately I can only pick one answer even though I might actually use a combination of two answers.

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