Glossary entry

español term or phrase:

sin existir oposición

inglés translation:

without administrative or judicial oposition

Added to glossary by Carlos Blanco, B.Sc. in Chemistry
Jan 29, 2014 19:14
11 yrs ago
7 viewers *
español term

sin existir oposición

español al inglés Jurídico/Patentes Derecho: contrato(s) Licensing agreement
SPAIN. I'm doing this as a favour for someone but haven't done any legal stuff for a while so I'm a bit rusty and struggling to express this part correctly here.
It is from one of the Licensor obligations in a licensing agreement:
"Responder frente al Licenciatario por los daños y perjucios que le cause la pérdida del derecho de licencia, como consecuencia de la pérdida de la titularidad de la propiedad industrial por cualquier causa, a partir de cuando la misma obre inscrita a su nombre con carácter definitivo y firme, ***sin existir oposición*** en vía administrativa o judicial."
Change log

Feb 10, 2014 18:20: Carlos Blanco, B.Sc. in Chemistry Created KOG entry

Discussion

Rachael West Feb 4, 2014:
IMO... It has absolutely nothing to do with appealing. The meaning is what Neilmac is already saying - if there is no objection to the contrary in neither administrative nor legal channels, then all is ok (contract can go ahead).
AllegroTrans Jan 30, 2014:
"vía administrativa o judicial" refers to two separate legal channels, i.e. court systems
neilmac I think that, yes, you are reading too much into it. I would say that it is just rhetorical legalese in the sense that if it is *con caráter definitivo y firme* it is already understood that it is uncontested otherwise it would not be *definitivo y firme*. By adding it in the English versión we will be rhetorically adding something that is quite unnecessary as well since we already said the contract is final. Unless you want to think about it as meaning that there is not any opposition now and there will not be any in the future.

Proposed translations

+2
6 minutos
Selected

without administrative or judicial oposition

Hope it helps

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Note added at 1 hr (2014-01-29 20:38:39 GMT)
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Sorry about the typo it is opposition
Note from asker:
Thanks Carlos, but I'm afraid this doesn't help me understand the whole. It seems to mean that the Licensor's ownership of the industrial property cited will be uncontested, as long as there are no claims to the contrary. Or perhaps I'm reading too much into it?
Peer comment(s):

agree José J. Martínez : it could also say WITH NO.... but it is more than correct...
53 minutos
Thanks! I try to keep away from the use of that since the correct use is: without or without any. That said, your suggestion is quite common.
agree eVeritas
1 hora
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks all for chipping in. I'd forgotten how repetitive/redundant legalese can be..."
6 horas

without right of appeal

"Opposition" is effectively a false friend in this context

Right to Appeal
ajtc.justice.gov.uk/docs/decisons_with_no_apeal__web...
where there is no right of appeal against routine administrative decisions or where the procedures that can be used to challenge
Draft EU Petition – Unfair Claimant Commitment as “There ...
refuted.org.uk/2013/12/12/claimantcommitment Cached
A Member of the rightsnet.org.uk discussion forum, has posted a draft (docx) petition for submission to the EU, with a key issue being "There is no right of appeal ...
Administrative decisions made by public bodies where there is ...
www.consumerfocus.org.uk/scotland/files/2012/03/CFS...
where there is no right of appeal against the decision or where the right of appeal is inaccessible or inappropriate.
UK Immigration Solicitors | M. J. Solomon and Partners
mjsolomonandpartners.com/solicitors/visa_refusal_appeals/... Cached
... is for your lawyer to find this appeal right for you under the Human Right provisions. Most applicants think that when there is no right of appeal, ...
Note from asker:
So, would it be "without administrative or judicial right of appeal"... or is the "admin/judicial" part also redundant?
Something went wrong...
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