Dec 11, 2020 14:34
3 yrs ago
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Spanish term

derecho resarcitorio

Spanish to English Law/Patents Law (general)
This is a text about possible legal consequence of an exposé to be published in Argentina

El derecho resarcitorio generado por el uso indebido, la atribución falsa de hechos o la descalificación injusta, debe ser probado por quien lo invoca como “pérdida de chance”, “lucro cesante”, etc. No resulta cuantificable en este caso.

Thanks

Discussion

Adrian MM. Dec 14, 2020:
Restitution, compensation, damages and amends 'are synonyms...'

Excuse my ignorance and facile answer but, in the UK vs. the US in copyright, restitution used to be a 'quasi-contractual' remedy and still is a form of war crimes reparation. Also compensation is a statutory or Common Law remedy, such as for unfair dismissal, as opposed to contractual damages for wrongful dismissal as a result of breach of a contract of employment - hence the 'buy-out' of footballers wanting to move clubs.

Amends is used in the tort of defamation though civil juries in the UK can award a claimant - esp- celebrities - damages for libel and slander.

Just satisfaction is, de novo, awarded by the non-EU European Court of Human Rights.
philgoddard Dec 11, 2020:
Restitution, compensation, and amends are synonyms of damages.
AllegroTrans Dec 11, 2020:
Asker the text is fairly self-explanatory, so what have you considered so far and what is the difficulty?

Proposed translations

11 mins
Selected

entitlement to/liability for damages

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4 KudoZ points awarded for this answer. Comment: "thanks"
1 hr
Spanish term (edited): Arg. > derecho resarcitorio

copyright / defamation > right to /obtain/ amends

Yes. No need to 'overcomplicate' matters, but this does not seem like a straightforward contract compensation or damages scene, rather a tort of defamation category into which an 'offer of amends' falls. Amends is usually not very well explained on ENG tort law courses.

I stand corrected but, if such a case were to end up for some non-Argentinian reason in the non-EU European Court of Human Rights in Starsbourg, again the remedy would be called something else, such as 'just satisfaction'.



Example sentence:

ECtHR > the European Court of Human Rights: when it finds a violation of the Convention, the Court may make an award of ‘just satisfaction’ to the applicant(s).

UK Defamation Act 1996: the offer to make amends procedure enables the defendant, who has made an honest mistake or for whatever other reason is unable or unwilling to defend a claim, to put their hands up at an early stage and admit liability.

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+1
2 hrs

right to [seek] restitution

Perhaps a closer match. See dictionary references below.
Peer comment(s):

agree TechLawDC : One remedy in a case of copyright infringement is restitution for actual damages.
53 mins
Thank you, TechLawDC!
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5 hrs

right to claim compensation

'The right to claim compensation generated by the misuse, misrepresentation of facts or unjust disqualification can be tested by whoever calls upon misfortune or a loss of income.'

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Note added at 3 days 49 mins (2020-12-14 15:24:25 GMT) Post-grading
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("El derecho resarcitorio generado por el uso indebido, la atribución falsa de hechos o la discualificación injusta, debe ser probado por quien lo invoca como pérdida de chance, lucro cesante, los cuales no son cuantificables en este caso.")

('The right of redress (the right to claim compensation) generated by misuse, the false attribution of facts, or unjust disqualification, must be proven by the one who invokes it (summons it or calls upon it) as a lost opportunity or loss of income, which are not measurable or quantifiable in this case.')
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