sin efectos ejecutivos

English translation: Without any enforceable effect

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Sin efectos ejecutivos
English translation:Without any enforceable effect
Entered by: Toni Castano

13:41 Feb 12, 2020
Spanish to English translations [PRO]
Law/Patents - Law (general) / Deed of Inheritance
Spanish term or phrase: sin efectos ejecutivos
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.
Purpurite
United Kingdom
without enforceable effect
Explanation:
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.



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

Toni Castano
Spain
Local time: 12:58
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3without enforceable effect
Toni Castano


  

Answers


39 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
without enforceable effect


Explanation:
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.

Toni Castano
Spain
Local time: 12:58
Specializes in field
Native speaker of: Spanish
PRO pts in category: 95
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
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.
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