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Spanish translation help please—

Contracts, Trusts & the corporation sole; what they are & how they relate with one another.

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Bayaba
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Spanish translation help please—

Postby Bayaba » Saturday October 7th, 2006 6:27 pm MDT

Can anyone here translate the concept of trusts into spanish?

I am trying to get my wife, from Agrentina, to understand the concept. I have even talked with her attorney, from Venezuela, to try and have him explain. He basically said that there is no good way to get anyone but the upper echelon from South America to understand. Is that correct or can someone here help with this?

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Re: Spanish translation help please

Postby Admin » Sunday October 8th, 2006 4:39 am MDT

:h: Bayaba:
We expect anyone that can translate English to Spanish can translate whatever you wish.
However, we also expect keeping the concept simple is the easiest way to accomplish the task. First you have to know what it is that you want translated. There is no way understanding what a trust is can be so complex that Argentineans have difficulty understanding it. A trust is simply a thing that is created anytime a person places anything in the care or custody of another person, usually for a third party (the beneficiary). Anyone can understand that.

Now realize the “thing” so created is simply called a trust—it is a business entity (like any other company or corporation), created by the intent of the person (Creator) that placed the thing (trust res) into the custody of the other person (Trustee).

The important part to note is that the trust itself is a separate individual, just like any other business entity (company).

If that is understood, then it is easy to understand the trusts actions are its own actions. That is to say, when the Trustee acts it is the Trust that is acting, not the man that lends it consciousness and physical capacity. This is easy for most people to understand by noticing who they would sue if a city bus side swiped their car. They understand that they would sue the city, not the driver, because even if they sue the driver with the city it is the city that must pay for the damage they did to the car. The city entrusted its bus with the driver who drove it in trust for the city thus the city remains responsible for damages done in the accident. So it is the same in trusts. The person that lends consciousness and physical capacity to the trust is not the trust and they are not directly responsible for the lawful actions of the trust.
It seems like this should be fairly easy to translate if you understand these concepts. Still, people like to make this simple matter of fact difficult by equating themselves as the trustee itself

We hope this information is helpful to you.
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Last edited by Admin on Saturday October 14th, 2006 5:05 pm MDT, edited 2 times in total.
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Postby Testcla » Wednesday October 11th, 2006 3:01 pm MDT

Bayaba,
I too spent some time looking for what could be a good translation to the term "trust" into the Spanish language.

For a long time I kept looking for something that could be either translated into or at least that would be a similar concept in the way a trust "works" but it was to no avail.

Then one day I received a document at home from the HOA (Home Owners Association) that for some reason also was delivered with a Spanish translation of the same, and guess what?, they knew what was the translation of the word trust to Spanish, they used the word "Fideicomiso".

I checked in google and among several links there was one from the Spanish wikipedia, where they explain the etymology of the word and several things more about it, like how it works, what types there are, etc.

Here is a translation I made from a brief part of the wiki entry:
Translation of what Spanish Wikipedia wrote:"Fideicomiso", it comes from the word "fideicommissum", from Latin "FIDES" which means FAITH and "COMMISSUS" which means COMMISSION.
An act by which the testator transmitted his property and wealth to an heir, which in turn acquires the obligation to transmit it to a third party.
Perhaps that may help your wife to understand the concept better.

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Re: Spanish translation help please

Postby Admin » Saturday October 14th, 2006 6:05 pm MDT

:h: Bayaba and Testcla:
We appreciate Test’s translation of the word “trust” into Spanish. As we stated before we expected that anyone that understood Spanish well enough to translate would be able to translate the words. We understood your intent was focused on the “concept” of trusts as a business entity, rather than the specific word used to describe such business entities. Knowing that “Fideicomiso” is the word used in Spanish for such business entities is a great start to finding the right words to describe the concept. We find that even in the English language, even with the description provided in Contracts, Trusts and the Corporation Sole article, people sometimes miss the point that the Trust itself is a totally separate person from the person that lends the Trust consciousness and physical capacity. To clarify that distinction, we often ask the question:
Team Law wrote:If the Trustee acts, who is acting?
Of course the correct answer is:
    The Trust.
It seems only natural that the answer is given in the question and that the answer should be the Trustee, but that would be an incorrect answer because the Trustee has no capacity to act in and of itself. Thus, all actions of any person lending consciousness and physical capacity to a Trust are the actions of the trust itself. Another question that clarifies this fact is:
Team Law wrote:If we were to take a photograph of a Trust performing some function that requires a physical action, like signing some instrument, what would that photograph of the Trust look like?
The answer is again quite obvious:
    The trust looks exactly like the person it borrows consciousness and physical capacity from.
This is why the corporation sole nature of the capacity Trustee, is so important, even critical. It is also why the Contracts, Trusts and the Corporation Sole article is so important. How you give that understanding to someone in Spanish should be as simple as properly translating it into Spanish, but certainly in order to convey the concept one must first understand it.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

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Re: Spanish translation help please

Postby Kiersten » Tuesday November 23rd, 2010 2:21 pm MST

Thanks Testcla for your translation. The term you used is perfect.
The concept may be complex (in fact there are thousand of pages with explanations and references for this word) so I think Bayaba you will also need Admin's explanation to help your wife with this word.
I myself do translations regularly and I found the word hard to translate. So thanks for sharing this piece of information!

Regards,


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