16:11 Nov 16, 2019 |
Spanish to English translations [PRO] Law (general) | |||||||
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Summary of answers provided | ||||
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3 +1 | Disputes Division |
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3 | Deadlock Override Division |
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Summary of reference entries provided | |||
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Sala de discordia defined |
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Discussion entries: 1 | |
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Disputes Division Explanation: What I am suggesting as a rendering here is based on the official translation of the query by the Spanish Ministry of Justice on its web site (please see Ley Orgánica del Poder Judicial, Organic Law on the Judiciary). This works for Spain, but what you probably need is a translation applicable to the Peruvian law system and in that case I am not sure of the accuracy of my proposal, therefore my middle confidence level. However, the simple fact that your text mentions “Corte Superior de Justicia”, the corresponding institution to the Spanish “Tribunal Supremo” makes me believe that this translation can work. And no, "mediation" is totally worng in this context. This is about making a final decision. https://www.lavanguardia.com/economia/20181109/452805743804/... Con el empate, habría que convocar la Sala de Discordia, algo así como el juicio final en el Supremo. Esta Sala está prevista en el artículo 262 de la ley Orgánica del Poder Judicial y en el 202 de la ley de Enjuiciamiento Civil. En ambos casos se dispone que cuando el número de discordantes sea par, la Sala de Discordia quedará compuesta por todos los magistrados que han intervenido en el primer debate, más otros tres del mismo órgano jurisdiccional. El problema era en este caso que en las deliberaciones ya estaban participando todos los jueces de lo contencioso. http://www.poderjudicial.es/cgpj/en/Subjects/Compendium-of-J... Organic Law 6/1985 of 1 July, on the Judiciary Article 262. 1. When the voting session on a judgment or a writ does not attain the required number of votes on any of the findings or legal issues which are necessary, the matter will be debated again and the disputed points which had dissenting votes will be voted again. 2. If no agreement is reached, the conflicting views will be reconciliated by means of a new hearing in which the original judges will attend and two more judges if the dissenting judges are an uneven number of three if their number was even. The first appointment for these additional judges will fall on the Chief Justice of the Division if he had not been present in the original hearing; in second place, judges from the division which did not attend the former hearing and in third place the Chief Justice of the Provincial Court and finally judges from other divisions, preferably those of the same jurisdiction by subject matter. Article 263. 1. The judge who is to preside the Disputes Division will make the appropriate settings of hearings and appointments. 2. When the voting session of a judgment or a writ by the Disputes Division, or where applicable, the Plenary Session of the aforementioned division does not attain a majority of votes on the disputed issues, a new voting session will take place in which only the two views which held the largest number of votes will be voted on. |
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7 hrs confidence:
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11 mins peer agreement (net): +2 |
Reference: Sala de discordia defined Reference information: https://dej.rae.es/lema/sala-de-discordia Based on this definition, I think it would mean "mediation chamber" where differences are resolved |
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