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Glossary entry

Spanish term or phrase:

Protesto lo necesario

English translation:

I affirm that the foregoing is true and correct

Added to glossary by Taña Dalglish
Dec 31, 2012 17:13
11 yrs ago
67 viewers *
Spanish term

Protesto

Spanish to English Law/Patents Law (general) Medios Preparatorios
Único:- Tenerme por presentado con el carácter que me ostento, acordando de conformidad las solicitudes contenidas en el presente escrito.

Justo y legal mi solicitud, pido sea proveída de onformidad.

PROTESTO LO NECESARIO EN DERECHO

México, Distrito Federal, a 20 de mayo de 2008


muchas gracias ^^
Proposed translations (English)
2 +2 I affirm that the foregoing is true and correct
4 -1 Sworn to
3 (BrE) I do make this Statement of Truth {as required in law}
References
Becerra cited in my previous answer
This sums it up.
"swear" -v- "affirm" : there is a distinction
Change log

Dec 31, 2012 18:25: Alistair Ian Spearing Ortiz changed "Language pair" from "English to Spanish" to "Spanish to English"

Nov 26, 2013 17:47: Taña Dalglish Created KOG entry

Nov 26, 2013 17:47: Taña Dalglish changed "Edited KOG entry" from "<a href="/profile/609894">Taña Dalglish's</a> old entry - "Protesto"" to "" I affirm that the foregoing is true and correct""

Discussion

Henry Hinds Jan 1, 2013:
That's the point I have asked Mexican attorneys exactly what is meant by "lo necesario" and they just say that's the formula and cannot explain. But since it is used only in petitions, my reasoning is as stated; there are some things such as the party's identity, address for service, attorney's representation, and other data that are to be stated under penalties of perjury. Then there are the listed allegations that are not; they are intended to be proven in court.

Concerning "swearing" or "affirming" and the fact that "oaths" are not used in Mexico, it is only a matter of whether or not to introduce God into the mix. Legally the meaning and consequences are the same, so the difference is merely academic and is of no legal significance and may be ignored. However, there could be confusion with "affirming", since it could be understood to be "alleging" which is not the case. "Swearing" makes it clear that it is under penalty of perjury, though the same may be gained by adding that to "affirming".
AllegroTrans Jan 1, 2013:
"as necessary" I am wondering whether this effectively means "to the extent necessary". As Henry says, an attorney cannot swear/affirm to the truth of everything that his or her client says, only the client can do that. I wonder whether this is a short way of saying "I attest that I have acted in good faith for my client and in accordance with the law".

Proposed translations

+2
14 mins
Spanish term (edited): protesto lo necesario
Selected

I affirm that the foregoing is true and correct

A couple ideas:
I quite like the one on "Scribd".

http://www.scribd.com/doc/9324928/SpanishEnglish-Law-Glossar...
Spanish: protesto lo necesario English: I affirm that the foregoing is true and correct

http://forum.wordreference.com/showthread.php?t=75417

http://www.proz.com/kudoz/spanish_to_english/business_commer...
panish term or phrase: Protesto lo necesario
English translation: Sworn to as necessary

--------------------------------------------------
Note added at 22 hrs (2013-01-01 15:44:01 GMT)
--------------------------------------------------

http://esl.proz.com/kudoz/spanish_to_english/law_general/144...
Término o frase en español: protesto lo necesario
Traducción al inglés: duly affirmed under penalty of perjury

http://www.proz.com/kudoz/spanish_to_english/law_patents/451...
Spanish term or phrase: potesto lo necesario
English translation: I attest to the above

http://www.proz.com/kudoz/spanish_to_english/law_patents/554...
panish term or phrase: protesto lo necesario
English translation: I swear (or affirm) that the (information set out above) above is true and correct

http://www.proz.com/kudoz/spanish_to_english/law_patents/126...
Spanish term or phrase: protesto lo necesario
English translation: duly affirmed under penalty of perjury


http://www.proz.com/kudoz/spanish_to_english/law_patents/724...
See below:
Explanation:
Protesto lo necesario: this a formula, in Mexico, that we lawyers place on documents presented before a judge. Basically, a statement that we acknowledge to conduct the proceedings in accordance with the law and in good faith. This would be similar to saying: "Under oath".

--------------------------------------------------
Note added at 13 days (2013-01-14 04:06:26 GMT) Post-grading
--------------------------------------------------

Thank you Jürgen.
Peer comment(s):
neutral Henry Hinds : I see you have quoted me here. Your translation is usual as a functional equivalent, but fails to tell the whole story. The attorney cannot swear to the whole thing because the allegations are all subject to proof. He only swears to certain facts.
11 mins
Henry, thank you. However, context is everything! I did use your other link "on purpose" offering alternatives! HNY!
agree Sandro Tomasi
51 mins
Thank you Sandro. HNY to you and your family. Un abrazo.
agree Billh : I think that would do. Maybe add 'at law' at the end. See my reference.// Be careful of Proz references, most are simply wrong. This has nothing to do with 'oath' or anything like it.
2 hrs
Thank you Bill. Yet another link to support my initial response. //Bill, I am well aware that it has nothing to do with oath (and my initial response did not). I was attempting to say in other words "it will suffice".
neutral AllegroTrans : Can an attorney swear/affirm to what his client says?
20 hrs
I have posted additional glossary links. This whole issue is "now out of hand", IMO. You legal experts/lawyers can thrash it out, but I stand by my answer.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
-1
15 mins

Sworn to

PROTESTO LO NECESARIO EN DERECHO = SWORN TO AS NECESSARY BY LAW

O sea que se declaran so protesta de decir verdad ciertos hechos, pero hay otros temas que no quedan sujetos a la protesta de decir verdad, por ejemplo los alegatos a favor del representado. Es una fórmula que emplea el abogado en el escrito de la demanda.
Peer comment(s):
disagree Sandro Tomasi : Protestar is to affirm, not to swear. // In my reference, I cite Becerra who states that "oaths are not administered in Mexico."
51 mins
It is to affirm under oath, which in English is "sworn". In essence, it needs to be shown that it is not just affirmed, but under penalty of perjury. That's true, I have Becerra's dictionary right here beside me and I even know him personally.
disagree Billh : I agree with Sandro. See my reference.
2 hrs
I would go with "I affirm under penalty of perjury", because it needs to have that included. I intend "sworn" as a functional equivalent, which is not invalid. BTW, let's see your profile, don't remain anonymous.
agree Mónica Sauza : Experience
3 days 22 hrs
Gracias, Mónica.
Something went wrong...
23 hrs
Spanish term (edited): Protesto lo necesario en derecho

(BrE) I do make this Statement of Truth {as required in law}

Statement of truth is the new E&W civil justice term since 1998 to supersede 'swearing an Affidavit'.

By the same token, protestar in Mexico is like an 'affirmation under penalty of perjury' to dodge the religious connotations of a juramento which invokes God or the Bible (Tom Wext III's ES>EN law and business dictionary).
Example sentence:

A statement of truth states that a party believes the facts stated in a document to be true and accurate. It should be signed either by the party or, in the case of a witness statement, by the maker of the statement.

Reference:

http://www.out-law.com/en/topics/dispute-resolution-and-litigation/court-procedure/statements-of-truth/

Peer comment(s):
agree AllegroTrans : Right idea but no need to imitate British term here, this is not from GB
5 hrs
Thx. But the asker doesn't specify whether the target-readership is US or UK etc.
disagree Billh : No, not statement of truth, and it is not 'required' in law.
15 hrs
Something went wrong...

Reference comments

1 hr
Reference:

Becerra cited in my previous answer

Reference:

http://www.proz.com/kudoz/spanish_to_english/law_general/4135624-bajo_protesta_de_decir_la_verdad.html

Peer comments on this reference comment:
agree Taña Dalglish : Thanks for your vote of confidence, Sandro. LOL! My reference! Wild! Again HNY!
9 mins
Something went wrong...
2 hrs
Reference:

This sums it up.

POR OTRO LADO, EXISTE OTRO PROTESTO Y ESE REFIERE A UN MERO FORMULISMO CUANDO PRESENTAS UN ESCRITO ANTE UN JUEZ, LA MAYORÍA DE LOS ABOGADOS (YO NO) DICEN "PROTESTO LO NECESARIO", CON LO CUAL ESTÁN DICIENDO QUE LO QUE SE MANIFIESTA EN EL ESCRITO ES LA VERDAD, PERO ES SIMPLE FORMULISMO,

http://es.answers.yahoo.com/question/index?qid=2009062910414...
Something went wrong...
20 hrs
Reference:

"swear" -v- "affirm" : there is a distinction

What is the Difference between "Swear" and "Affirm" in an Oath?
When someone opts to affirm rather than to swear, the oath is more properly known as an affirmation. The difference between swearing and affirming in an oath ...
www.wisegeek.com/...between-swear-and-affirm-in-an-oath.htm - Cached
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