Glossary entry (derived from question below)
Spanish term or phrase:
simulación (subjetiva)
English translation:
fraudulent misrepresentation
Added to glossary by
MJ Barber
Jul 13, 2005 16:27
18 yrs ago
10 viewers *
Spanish term
simulación subjetiva
Spanish to English
Law/Patents
Law (general)
fraud
Acción de simulación al amparo de los arts. 6.7, 1276 y 1275 del Código Civil (“CC”), que se ejercita de forma principal, por cuanto que el derecho de crédito de ACME S.A. se ha visto perjudicado como consecuencia de la simulación subjetiva concertada por D. Fulanito de Tal , teniendo por tanto mi representada interés legítimo, ejercitando dicha acción de simulación subjetiva:
This is related to a question I asked here a few days ago. I am not sure I have untangled it correctly. I accepted the suggestion that accion de simulacion be translated as claim against the debtor, but now it would seem that this simulacion is a specific act (???)
It has all to do with fraud, embezzlement, etc. etc. (Famous big case of executives siphoning off tons of money, bribes, commissions, the lot)
This is related to a question I asked here a few days ago. I am not sure I have untangled it correctly. I accepted the suggestion that accion de simulacion be translated as claim against the debtor, but now it would seem that this simulacion is a specific act (???)
It has all to do with fraud, embezzlement, etc. etc. (Famous big case of executives siphoning off tons of money, bribes, commissions, the lot)
Proposed translations
(English)
3 | fraudulent misrepresentation | Patricia Lutteral |
4 +2 | impersonation; pretending to be someone else | Jane Lamb-Ruiz (X) |
5 | subjective simulation | Edmond Laporte |
5 | "criminal" simulation | J. Sanchez |
Proposed translations
6 hrs
Selected
fraudulent misrepresentation
Check if this fits your context. Anyway, I'd look around the concept of "fraud".
The elements of fraudulent misrepresentation are as follows:
a false representation is made;
which is material to the transaction;
which is made with knowledge of its falsity or reckless disregard as to whether it was true or false;
with the intention by the person making the representation that the recipient will be induced to act or refrain from acting;
which representation is justifiably relied upon by the recipient; and
which reliance proximately causes the recipient to suffer damages.
http://www.katzlawoffice.com/misrep.html
In certain cases it could be "fraudulent alienation", defined in the Black's as "In a general sense, the transfer of property with an intent to defraud creditors, lienors or others", or "fraudulent conveyance", "a conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach".
HTH, hugs,
Patricia
The elements of fraudulent misrepresentation are as follows:
a false representation is made;
which is material to the transaction;
which is made with knowledge of its falsity or reckless disregard as to whether it was true or false;
with the intention by the person making the representation that the recipient will be induced to act or refrain from acting;
which representation is justifiably relied upon by the recipient; and
which reliance proximately causes the recipient to suffer damages.
http://www.katzlawoffice.com/misrep.html
In certain cases it could be "fraudulent alienation", defined in the Black's as "In a general sense, the transfer of property with an intent to defraud creditors, lienors or others", or "fraudulent conveyance", "a conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach".
HTH, hugs,
Patricia
4 KudoZ points awarded for this answer.
Comment: "This fits perfectly. Thanks all"
0 min
subjective simulation
good luck
+2
1 hr
impersonation; pretending to be someone else
sujeto in legal Spanish means Individual, or Person...this would be a way to say pretending to be someone you are not: impersonation or
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Note added at 1 hr 10 mins (2005-07-13 17:38:28 GMT)
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Yes I gave you the Claims Against debtor...but here there is a very different idea..that fulanito de tal seems to have impersonated someone or claimed to be someone he was not...but thinking about that leads me to:
So, correcting what I have just said: your fulanito de tal
put in a FAlse Claim....is what it seems to be..
does that work? false claim ....:)?
I would have to read more to get it better...
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Note added at 1 hr 11 mins (2005-07-13 17:39:06 GMT)
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BYW,have you read those paras in the Codigo civil> Often that will clarify...
cheers
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Note added at 1 hr 10 mins (2005-07-13 17:38:28 GMT)
--------------------------------------------------
Yes I gave you the Claims Against debtor...but here there is a very different idea..that fulanito de tal seems to have impersonated someone or claimed to be someone he was not...but thinking about that leads me to:
So, correcting what I have just said: your fulanito de tal
put in a FAlse Claim....is what it seems to be..
does that work? false claim ....:)?
I would have to read more to get it better...
--------------------------------------------------
Note added at 1 hr 11 mins (2005-07-13 17:39:06 GMT)
--------------------------------------------------
BYW,have you read those paras in the Codigo civil> Often that will clarify...
cheers
Peer comment(s):
agree |
Adrian MM. (X)
: www.datadiar.com/actual/novedades_05/ penal/blanqueo/d_may_02b.htm
2 hrs
|
agree |
Marina Soldati
3 hrs
|
5 hrs
"criminal" simulation
Fulanito falsely assumed the identity/position of someone else, which, has brought on these proceedings due to the harmful effects of said impersonation.
Black's Law definition of Simulation:
"Assumption of appearance which was feigned, false, deceptive, or counterfeit".
Black's Law definition of Simulation:
"Assumption of appearance which was feigned, false, deceptive, or counterfeit".
Discussion