declaration

13:43 Mar 26, 2017
English to Spanish translations [PRO]
Law/Patents - Law (general)
English term or phrase: declaration
Estoy traduciendo un texto en el que se cita un fallo de un tribunal inglés del año 1864. Comienza de la siguiente manera:

To a declaration for not accepting Surat cotton which the defendant bought of the plaintiff "to arrive ex Peerless from Bombay," the defendant pleaded that he meant a ship called the "Peerless" which sailed from Bombay, in October, and the plaintiff was not ready to deliver any cotton which arrived by that ship, but only cotton which arrived by another ship called the "Peerless," which sailed from Bombay in December.

Después tiene una sección titulada “Declaration”:

For that it was agreed between the plaintiff and the defendants, to wit, at Liverpool, that the plaintiff should sell to the defendants, and the defendants buy of the plaintiff, certain goods, to wit (...)

Entiendo que “declaration” en este contexto es “the plaintiff's statement of a claim against the defendant, formally and specifically setting out the facts and circumstances that make up the case”, pero no encuentro el equivalente en español.
Priscila Libutzki
Netherlands
Local time: 01:20


Summary of answers provided
4demanda // escrito de pretensiones
Robert Carter
3reclamación
Mónica Algazi


  

Answers


56 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
reclamación


Explanation:
http://dle.rae.es/?id=VS1IYOn

Mónica Algazi
Uruguay
Local time: 20:20
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 1438
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1 day 3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
demanda // escrito de pretensiones


Explanation:
I agree with you that, in this context, a "declaration" is what is now referred to as a "statement of claim" or "complaint":

declaration:
7.Common-law pleading. The plaintiff's first pleading in a civil action. • It is an amplification of the original writ on which the action is founded, with the additional circumstances of the time and place of injury. In a real action, the declaration is called a count. Today the equivalent term in English law is statement of claim; in most American jurisdictions, it is called a petition or complaint.

Black's Law Dictionary, 8th Ed.

One of the entries in Alcaraz Varo's Dictionary of Legal Terms for "statement of claim" is "escrito de pretesiones", yet his entry for "demanda" includes "petition, complaint; statement of claim, particulars of claim", which, to my mind is the usual translation, and the term I would normally use.

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Note added at 1 day3 hrs (2017-03-27 17:08:14 GMT)
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*pretesiones should read "pretensiones"

Robert Carter
Mexico
Local time: 17:20
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 116
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