Jul 8, 2017 21:03
6 yrs ago
2 viewers *
Spanish term

Cláusula de \"Abuso de Confiaza\"

Spanish to English Law/Patents Insurance Breach of Trust Clause
El texto de la cláusula de abuso de confianza, que se encuentra en el código penal de México, también está presente en los textos de pólizas de seguros. Aquí dejo el original y mi traducción. Mi pregunta es si lo estoy entendiendo y traduciéndolo bien. Gracias a todos.

"Comete el delito de abuso de confianza, el que con perjuicio de alguien, disponga para sí o para otros de cualquier cosa mueble ajena, de la que se le haya transferido su tenencia y no el dominio."

"The crime of breach of trust is committed by the party who, to the detriment of another party, makes third-party property available for themselves or for another party, that of which possession and not ownership has been transferred to them."

Discussion

Robert Forstag Jul 8, 2017:
@Nathan Sounds like "breach of trust" to me also.

Proposed translations

-1
2 hrs
Selected

breach of trust statute

statute = a law that has been formally approved and written down
Peer comment(s):

disagree AllegroTrans : It's not a statute, it is a "clausula" within the Mexico Criminal Code
22 hrs
neutral neilmac : Was going to post "breach of trust clause" myself yesterday...
1 day 8 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I went with "breach of trust." Embezzlement could also work in different circumstances, when referring specifically to money, as opposed to property in general. Thanks!"
+3
1 day 4 hrs
Spanish term (edited): Cláusula de \"Abuso de Confianza\"

"Embezzlement" Clause

Your question is a little confusing since the word "cláusula" does not appear in the text you cite, but I assume you've posted "Cláusula de \"Abuso de Confianza\" because it is the heading for that text? Incidentally, the Mexican statute law, including the Código Penal, is divided into "artículos" (articles or sections), not clauses.

It might be breach of trust, but from the looks of your text, it sounds more like embezzlement to me.

Embezzlement is the act of withholding assets for the purpose of conversion (theft) of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes.[1] Embezzlement is a type of financial fraud, e.g. a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse.
https://en.wikipedia.org/wiki/Embezzlement

The following entry is reproduced from Javier Becerra's Dictionary of Mexican Legal Terminology
abuso de confianza
1. breach of trust; 2. embezzlement; the unlawful appropriation or disposition of money or other assets by a person in a fiduciary position holding such money or assets


My translation for your text would be:

"Embezzlement is an offense whereby the offender disposes, for himself or others, to the detriment of another person, of any personal property whose possession but not ownership has been transferred to the said offender."

Peer comment(s):

agree Wendy Cummings
6 hrs
Thanks, Wendy.
agree neilmac
6 hrs
Thanks, Neil.
agree AllegroTrans : Eaxctly my impression when I read the definition, but I think asker should query this apparent contradiction
16 hrs
Thanks, Chris.
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