La palabra del día: Fojas

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Feminine plural noun. From the Latin folium. Page. In Legal Spanish, a file has not páginas but fojas. E.g. …de acuerdo con la declaración testimonial a fojas 25, according to the testimonial statement on page 25. Note that we say a fojas (plural) and not en foja, but if we are speaking about a book we say en página 25.
Another twist, a escritura, a contract and an administrative file have no fojas nor páginas but folios (masculine noun). E.g. Como atesta la firma en folio 4, as as attested by the signature on page 4.
In all cases you can still say página, but it’s not what a lawyer would do. dc

La palabra del día: Autos

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Masculine plural noun. It is the file of a judicial or administrative procedure. It refers also to the set of actions or pieces of a judicial procedure. E.g. El acceso a la pieza confidencial de los autos estará limitado a las partes frente a las cuales no se haya ordenado ningún tratamiento confidencial: Access to the confidential section of the file shall be confined to the parties in respect of whom no confidential treatment has been ordered.
Why I consider this term relevant to be in my blog? Because the word auto, a masculine singular noun that in Argentina means car, in Legal Spanish refers to a judicial resolution that decides secondary, previous, incidental or execution issues, for which no sentence is required; auto interlocutorio, a court order. dc

La palabra del día: Allanar

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Verb. From llano, flat, to make something flat, to smooth.
In Legal Spanish allanar means nothing like the above but to search a property with a court order. The noun is orden de allanamiento. Curiously, allanamiento de morada is a crime: home invasion.
Another twist, the verb allanarse a (reflective) means to accept, to conform, to settle and agree to something. In Legal Spanish is used in the expression allanarse a la demanda, when the demandado accepts the claim made by the demandante. dc

La palabra del día: Sociedad de Responsabilidad Limitada

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Feminine noun. SRL is a type of company in which the responsibility of each of its partners is delimited by the capital that they have contributed to it.
The capital of a limited company is divided into participaciones and not acciones as in a sociedad anónima. Contrary to what happens with the acciones of the sociedades anónimas, in a sociedad de responsablidad limitada the participaciones are personal and cannot be traded. The contributions of the partners in this type of company are said to be social, indivisible and accumulative. The SRL is usually the tipo de sociedad chosen by family firms. dc

La palabra del día: Arrendamiento

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Masculine noun. Contract by virtue of which the owner of a thing, movable or immovable, grants another the use and enjoyment of it for a specified time, at a certain price or service to be satisfied by the recipient, in a nutshell: lease.
We tend to make a difference and call arrendamiento just a lease of a rural property and locación when it is an urban property. Why is this important? because the minimum term for an arrendamiento rural is usually much longer than for a locación urbana. How do you know when a property is rural? It is rural (or rústica) if the sewers and the public services like street lighting or garbage collection do not arrive to it. Of course, this may vary according to the country.
The lessor is called arrendador and locador and the lessee or tenant is called arrendatario and locatario. A way to remember who is who: Otario siempre paga. dc

La palabra del día: Redargución de falsedad

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Feminine noun. It is a claim in front of judge to challenge the effectiveness of a public instrument like a escritura.
The whole point of making a contract on escritura pública in front of a escribano is to give certainty regarding 3 main points:
a. The identity of the parties who execute the act.
b. Their capacity to contract.
c. The date of celebration.
If the act is executed on escritura pública, this contract is almost watertight, and its authenticity cannot be challenged. Every Spanish speaking country has their own proceedings but in the acción de redargución de falsedad the claim generally can just be based in 1. the material adulteration, for the document not having been granted by the official who appears to subscribe it or having been deleted, modified or added any of its enunciations; 2. in the inaccuracy of the facts that the public official had stated as being carried out by him or that have happened in his presence. dc

La palabra del día: Escritura

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Feminine noun. It is a notarial instrument that contains one or more declarations of those who intervene in an act or contract, issued before the notary that complements it with the legal requirements specific to each act, for its incorporation into the notarial protocol and, where appropriate, so that it can be registered in the corresponding public registers. Some contracts are due to be executed on escritura pública and be registered so they can be effective against third parties, , e.g. transmisión de inmuebles o de bienes registrables. In this case, if the contract is not executed on escritura pública, the interested party can try the acción de reducción a escritura pública (elevación a público in Spain).
Some other documents, to be effective, must be made on escritura pública without the need of registration, e.g. a power of attorney. In fact, any contract can be made on escritura pública to give it more certainty regarding the identity and capacity of the parties and the date of celebration.
The verb is escriturar and the notary is called escribano/a. They tend to be rather boring. dc

La palabra del día: Sociedad Anónima

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Feminine noun. Public limited company with legal personality in which the capital, divided into shares (acciones), is made up of the contributions of the partners who are not personally liable for the company debts. It is usually presented with the name of the company plus S.A. E.g. YPF S.A.
Why is it called anónima? Because the share can be transferable to anybody, although the estatuto social (bylaw) can state some limitations. If the acciones are sold in the bolsa de valores (stoke exchange) is a sociedad anónima cotizada. dc

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