Glossary entry (derived from question below)
Spanish term or phrase:
facultad de disposición sobre la acción
English translation:
power to voluntarily dismiss the suit
Added to glossary by
Rebecca Jowers
Feb 21, 2023 08:41
1 yr ago
33 viewers *
Spanish term
facultad de disposición sobre la acción
Spanish to English
Law/Patents
Law (general)
Court proceedings
The document I am translating refers to a possible civil suit regarding an employee's dismissal for misappropriating his company's products, and the plaintiff's potential degree of control over the legal proceedings, and as an example cites "la facultad de disposición sobre la acción", as well as its "capacidad de configuración del debate". I understand the latter to mean its capacity to argue which points of law should be discussed, but I am not at all sure what the first term means. I know that the usual meaning of "facultad de disposición" refers to ownership and what an owner can do with property, but here we are talking about what it can or cannot do in court. Any ideas for either or both terms?
Thanks in advance
Thanks in advance
Change log
Feb 27, 2023 19:45: Rebecca Jowers Created KOG entry
Proposed translations
+1
4 hrs
Selected
power to voluntarily dismiss the suit
In this specific context I believe “facultad de disposición sobre la acción” refers to the plaintiff’s/claimant’s right to terminate (i.e., voluntarily dismiss) a lawsuit that he has previously filed. (See the 27,300 hits on google for “voluntary dismissal by plaintiff”).
Under Spanish civil procedure rules this can be achieved in two ways: a “renuncia a la acción” which is a waiver of action without any subsequent right to sue, resulting in a “sentencia absolutoria con autoridad de cosa juzgada” (literally, a judgment for the defendant having res judicata effects, but in practice being a dismissal with prejudice). Or, there can be a “desistimiento,” which is a plaintiff’s/claimant’s abandonment of the suit without waiving the right to bring future action (“declaración del actor abandonando el proceso sin que ello suponga renuncia a la acción”). This results in an “auto de sobreseimiento de deja imprejuzgado el fondo” (literally, an order dismissing the case without a ruling on the merits, but in practice a dismissal without prejudice).
In other respects, in Spanish civil proceedings “capacidad de configuración del debate” (also called “facultad de delimitar los términos del debate”) generally refers to the parties’ “power to determine the facts in issue” and often takes place during a type of formal case management hearing known as “audiencia previa al juicio.” I don’t think I would call this “case management power”, since case management is generally the task of the judge (in Spain, precisely during the “audiencia previa al juicio) where, among other aspects, the parties can agree as to the facts in issue.
Under Spanish civil procedure rules this can be achieved in two ways: a “renuncia a la acción” which is a waiver of action without any subsequent right to sue, resulting in a “sentencia absolutoria con autoridad de cosa juzgada” (literally, a judgment for the defendant having res judicata effects, but in practice being a dismissal with prejudice). Or, there can be a “desistimiento,” which is a plaintiff’s/claimant’s abandonment of the suit without waiving the right to bring future action (“declaración del actor abandonando el proceso sin que ello suponga renuncia a la acción”). This results in an “auto de sobreseimiento de deja imprejuzgado el fondo” (literally, an order dismissing the case without a ruling on the merits, but in practice a dismissal without prejudice).
In other respects, in Spanish civil proceedings “capacidad de configuración del debate” (also called “facultad de delimitar los términos del debate”) generally refers to the parties’ “power to determine the facts in issue” and often takes place during a type of formal case management hearing known as “audiencia previa al juicio.” I don’t think I would call this “case management power”, since case management is generally the task of the judge (in Spain, precisely during the “audiencia previa al juicio) where, among other aspects, the parties can agree as to the facts in issue.
Note from asker:
Thanks for the answer Rebecca, this makes most sense in teh context |
Peer comment(s):
neutral |
AllegroTrans
: Might this not simply mean a general right of control over the action?
1 hr
|
Yes, in Spanish civpro the plaintiff's right of control over the action is specifically the right to voluntarily dismiss it.
|
|
agree |
Robert Carter
: Convincing argument. Thanks for providing your subject-matter expertise here, as always!
2 days 3 hrs
|
Thanks, Robert. Saludos desde Madrid
|
|
disagree |
Adrian MM.
: Excuse me, Rebecca, but - as often queried by translators & interpreters out of AmE e.g. into FRE, GER & SPA etc. at our London T&I office - this split-infinitive answer is not poss. in the law of E&W. Only the court, not a litigant, can dismiss the suit.
6 days
|
Exactly: plaintiff informs the court that he wishes to withdraw the suit via a motion (or application) to dismiss, and the court then dismisses the suit either as a "renuncia" (with prejudice) or "desistimiento" (without prejudice) as I explained above
|
|
agree |
Andrew Bramhall
6 days
|
Thanks, Andrew
|
4 KudoZ points awarded for this answer.
43 mins
case management power; ability to control the action
The asker has basically answered his own question with 'control of the proceedings'.
Facultad: authority or power, West.
Nothing to do with assignment of the cause of action, namely 'maintenance and champerty' - whether whooly or party outlawed or not in ENG law.
Case management: not parochially England & Wales, as lifted - in Lord Woolf's 1998 civil justice reforms - lock, stock and barrel from the US of A and Canada.
Otherwise or 'obiter', capacidad de configuración del debate : a separate question, but means something like 'capability of shaping the course of the hearing or trial': -> debate 1. debate 2. trial, West.
Posted quickly in case this answer mysteriously disappears, like my first longer one.
--------------------------------------------------
Note added at 44 mins (2023-02-21 09:26:17 GMT)
--------------------------------------------------
wholly or partly outlawed ...
Facultad: authority or power, West.
Nothing to do with assignment of the cause of action, namely 'maintenance and champerty' - whether whooly or party outlawed or not in ENG law.
Case management: not parochially England & Wales, as lifted - in Lord Woolf's 1998 civil justice reforms - lock, stock and barrel from the US of A and Canada.
Otherwise or 'obiter', capacidad de configuración del debate : a separate question, but means something like 'capability of shaping the course of the hearing or trial': -> debate 1. debate 2. trial, West.
Posted quickly in case this answer mysteriously disappears, like my first longer one.
--------------------------------------------------
Note added at 44 mins (2023-02-21 09:26:17 GMT)
--------------------------------------------------
wholly or partly outlawed ...
Example sentence:
PART 3 - THE COURT’S CASE MANAGEMENT POWERS
Peer comment(s):
neutral |
AllegroTrans
: Your first ref. has zilch to do with this; your second contradicts your assertion concerning "assignment"; why post either of them? //So the powers of the courts of England & Wales and a "wayward" reference are relevant? Hogwash
3 hrs
|
The first is to do with case management, whether by the court or the parties, and the second is supposed to be an example of what is IMO a wayward 'assigned rights' answer. You could have more usefully disagreed with the AmE answer chosen by a BrE asker.
|
2 hrs
Right to discretion in the matter
Literally, the "power of disposition over the action", as well as its "capacity to shape the debate".''Discretion' here in its wider sense, meaning the right to have input in the case.
Peer comment(s):
neutral |
AllegroTrans
: I think you mean "right OF discretion" - a right TO discretion implies confidentiality etc.
1 hr
|
Yep, thanks;
|
7 hrs
authority/power to control the legal action/proceedings
"Disponer" here should be interpreted in its broadest legal meaning, as the capacity of the plaintiff to decide which course of action to take, not just dismiss but also pursue, file, waive, settle, etc. & with "capacidad de configuración del debate" I would suggest something like "authority/power to establish the points at issue" (i.e., the ones that are to be included in the complaint)
Peer comment(s):
neutral |
AllegroTrans
: agree with your explanation and the broader meaning
1 hr
|
neutral |
Adrian MM.
: you have merely reworded my 'control of the action' answer.
6 days
|
Discussion