Jan 25, 2018 11:07
6 yrs ago
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Spanish term

requerimientos copulativos

Spanish to English Law/Patents Law: Taxation & Customs
This term occurs just before a list of 3 conditions in a section of the Chilean Tax Code. There is one other entry on ProZ.com with this term, but I'm not quite satisfied with the answer, which is a literal translation: 'copulative requirements' doesn't appear in any (legal) documents in English that I could find, except in translations from Chilean (and a couple of Peruvian) texts.

I couldn't find a definition of what 'requerimientos copulativos' actually means, but from the context it's used in I deduce it refers to requirements that must all be met (and not cumulative or linked requirements, as was suggested in the other ProZ.com entry).

I thought maybe 'simultaneous conditions' sounds more natural, but I think my brain has stopped working properly, so help appreciated!

Discussion

Francois Boye Jan 26, 2018:
@ Yuriy

I don't like the concept of addition underlying the concept of accumulation, which is alien to the legislator's intent.

I prefer the concept of whole (the whole requirements), which means that not one requirement is missing or the set of requirements is complete.
Daniel Liberman Jan 26, 2018:
Alex, I understand your point. Thanks for the clarification. Maybe "combined requirements" or "cumulative requirements," as proposed by Yuri may work better.
Francois Boye Jan 25, 2018:
Yuriy Vilner (X) Jan 25, 2018:
Alex, you're using plain language definitions.

Take a look at: https://thelawdictionary.org/cumulative/

Relevant to you: "The word signifies that two things are to be added together, instead of one being a repetition or in substitution of the other. People v. Superior Court, 10 Wend. (N. Y.) 285

Then compare that with: https://thelawdictionary.org/concurrent/

Relevant to you: "acting in conjunction; contemporaneous."

As you can see, if you take 'contemporaneous' then concurrence can be read to impose a temporal constraint (i.e. that conditions must be met simultaneously or at a given time, or X event will not occur), though often 'concurrently' will be read to mean as 'in agreement', in that X event will occur if all requirements are met, *regardless of when each is met*

Again, I've come across both formulations plenty of times. What I've never seen is 'simultaneous conditions' - which seems too restrictive since in practice most things cannot occur simultaneously but contemporaneously or concurrently.
Alex Ossa (asker) Jan 25, 2018:
@Yuriy 'Cumulative' means increasing by successive additions, which is certainly not the same as all of them at the same time, and I'm fairly sure that is not the meaning of the term 'copulativo' just due to the context of every example in use I have seen.

On the other hand, 'concurrent' can only mean happening at the same time - why do you feel it is ambiguous?
Yuriy Vilner (X) Jan 25, 2018:
Why don't you like 'cumulative requirements'? It means only one thing: that all requirements/conditions must be met in order for X to occur.

'Concurrent' can work also, but the term is more ambiguous, so I would use something like "requirements that must be concurrently met."

'Simultaneous conditions' does not sound natural to me.
Alex Ossa (asker) Jan 25, 2018:
Concurrent requirements?

Proposed translations

3 hrs

tax eligibility requirements/criteria

See from page 5 on in the attachment below:

http://www.chilecont.cl/wp-content/uploads/2015/08/Manual-Re...
Note from asker:
Thanks Francois. The use of 'requerimientos copulativos' does indeed relate to tax elegibility in the context you posted, but your answer does not take into account the meaning of 'copulativos', which is the issue, and it is not the context of the 'requerimientos copulativos' in my tax-related document (the context is not tax elegibility).
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9 hrs

copulative requisites / requirements

I found several hits in English for both terms, and they seem to relate to legal matters in Chile.
Note from asker:
Thanks Daniel, but my point was precisely that 'copulative requirements' appear <i>only</i> in relation to translations of Chilean documents. They do not seem to appear in any documents originally written in English, which poses two issues: <p>1) clearly the Chilean documents are direct translations, which I'm not fond of unless there is no better alternative, and </p> <p>2) an English native speaker would likely not understand (immediately) what is meant.</p>
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11 hrs

cumulative requirements

I described my reasoning in the discussion entries.

I used the noun phrase, but what you will commonly see is the following phrasing:

The following requirements must be cumulatively met in order for "X" to occur.

Here are some examples:

"In order to claim the VAT, the following basic requirements must be fulfilled cumulatively by the applicant:

Place of residence, of business or permanent establishment must be abroad
No VAT-Registration in Switzerland or Liechtenstein (no tax liability according to Article 10 VAT law)
Must not render supplies in Switzerland
Furnish proof of entrepreneurial status (business status) in the state of residence or business domicile
Source: https://www.estv.admin.ch/estv/en/home/mehrwertsteuer/fachin...

"Clients are required to cumulatively meet the following prerequisites to ensure that ABN AMRO limits its relationships to manufacturers..."
See: https://www.abnamro.com/en/images/040_Sustainability/040_Ris...


"Dividends and capital gains arising from the disposal of participations in other companies are exempt from corporate tax provided the following requirements are cumulatively met:"

See: https://www.dlapiperintelligence.com/goingglobal/tax/index.h...


Peer comment(s):

neutral Francois Boye : no reference explains 'copulative' as a concept relevant to tax issues
2 hrs
'Copulative' in the English language refers to sexual intercourse..
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