This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
íter
Cazuelitas de...

Glossary entry

Spanish term or phrase:

constituir en mora

English translation:

to declare his creditor is in default/ in arrears// is overdue

Added to glossary by MikeGarcia
Feb 15, 2009 17:29
15 yrs ago
62 viewers *
Spanish term

constituir en mora

Spanish to English Other Law: Contract(s)
ara que se produzca la interpelación no se requiere de una comunicación que contenga la declaración expresa del deudor de "constituir en mora a su acreedor"; basta que de ella se infiera la intención de cumplimiento de la obligación. Is there a collocation for this, thanks.
Proposed translations (English)
4 +5 to declare his creditor is in default/ in arrears// is overdue
4 +1 establish (that his/its creditor) is in arrears
4 put in default
3 {debtor's express notice} of default served on; send into default
Change log

Mar 1, 2009 07:52: MikeGarcia Created KOG entry

Proposed translations

+5
49 mins
Selected

to declare his creditor is in default/ in arrears// is overdue

Any of these is good. See the AVH Legal, page 830, "en mora": See Thomas West, page 73, "constituirse en mora".
Peer comment(s):
agree majose
6 hrs
Gracias, María.
agree Maria Kisic
6 hrs
Gracias, María.
agree eski : Vale. Saludos! :))
6 hrs
Gracias, eski, y se retribuyen.
agree Michael Powers (PhD) : I like your use of "declare" tocayo - felicitaciones - Mike :)
7 hrs
Mike, you flatter me, I DECLARE. Many thanks.
neutral Clayton Causey : I'd like to respectfully disagree with Mike P. Constituir seems to warrant something more susbstatial such as "establish." I'm in total agreement with "in default" though.
1 day 8 hrs
OK."Constituir" is, in Iberian/Spanish legalese, many things.. Look it up in Tom West's in page 73 or in the AVH Legal, pages 661/662. I used "declare" because that is the sense the context gives to it. It's a right granted to the debtor on his creditor.
agree Richard Boulter : I think 'in default' is best here; by the time such a 'declaration' is necessary, the account is past 'in arrears' / 'overdue'. Also, 'declare' is both more common & more economical for this context. My regards to All for a stimulating discussion.
1 day 16 hrs
Many thanks, Richard. Most grateful for your comments.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
4 mins

establish (that his/its creditor) is in arrears

Oxford

West

Mike :)

--------------------------------------------------
Note added at 7 mins (2009-02-15 17:36:57 GMT)
--------------------------------------------------

[PDF]
COVERING CESSION OF DEBTS
File Format: PDF/Adobe Acrobat - View as HTML
Cedent to the Creditor is in arrears, to terminate the Cedent's mandate to collect monies from the debtors by giving written notice to this effect to the ...
www.morganair.co.za/downloads/CessionDebtors.pdf - Similar pages -

--------------------------------------------------
Note added at 11 mins (2009-02-15 17:41:17 GMT)
--------------------------------------------------

Absolutely, because when you are in arrears, the payment is late.

--------------------------------------------------
Note added at 12 mins (2009-02-15 17:42:18 GMT)
--------------------------------------------------

# [PDF]
Professional Memo
File Format: PDF/Adobe Acrobat - View as HTML
Feb 19, 2008 ... WHEREAS, the City now desires to establish the late payment penalties and interest accrual for unpaid administrative fines. ...
www.ci.oakley.ca.us/UserFiles/File/agenda/.../3.8 CC -Admin... - Similar pages -
# [PDF]
The “ S M ” (R ) of the Port Colborne City Council was held at
File Format: PDF/Adobe Acrobat - View as HTML
to establish the late payment charges on payments due to the municipality. 4. CCSD-Corporate Services Division Director’s Report No. 2006-04 ...
city.portcolborne.on.ca/cityhall/minutes_agendas/files/010906.pdf - Similar pages -
Note from asker:
could it be is in late payment?
Peer comment(s):
agree eski : Tambien vale. :)) Saludos.
7 hrs
Thank you, eski - saludos - Mike :)
neutral Clayton Causey : "Establish" but I don't know about "in arrears." My guess is the creditor didn't pay and their "in default"
1 day 9 hrs
I didn't like "establish" as much as "declare" - that is why I supported Miguel's answer - Mike :)
Something went wrong...
3 hrs
Spanish term (edited): {declaración expresa del deudor de} constituir en mora

{debtor's express notice} of default served on; send into default

If notice of default is served on a party - in this unusual case on the creditor and not the debtor - then the natural upshot is that the party served is 'sent into default'.
Example sentence:

For these mortgages, HUD's foreclosure commissioner must serve notice of default and foreclosure by certified or registered mail, postage prepaid and return ...

Reference:

http://www.ntia.doc.gov/ntiahome/frnotices/2002/esign/default/foreclosure.htm

Something went wrong...
4333 days

put in default

I was looking for this term and found what I believe may be the equivalent in the Louisiana Civil Code (always a help for translating from civil to common law systems).
See Articles 1989 et seq.
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search