facultad de disposición sobre la acción
English translation: power to voluntarily dismiss the suit
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| 08:41 Feb 21, 2023 |
| Spanish to English translations [PRO] Law/Patents - Law (general) / Court proceedings | |||||||
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|  Selected response from: Rebecca Jowers Spain Local time: 13:05 | ||||||
Grading comment
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| Discussion entries: 2 | |
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Answers
43 mins confidence: 
case management power; ability to control the action Explanation: 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 ... Example sentence(s):
Reference: http://www.justice.gov.uk/courts/procedure-rules/civil/rules... Reference: http://www.proz.com/kudoz/spanish-to-english/law-contracts/4... |
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2 hrs confidence:
Right to discretion in the matter Explanation: 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. |
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4 hrs confidence: peer agreement (net): +1
peer agreement (net): +1power to voluntarily dismiss the suit Explanation: 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. |
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Notes to answerer
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