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texto refundido de la Ley sobre Responsibilidad Civil
Incrementar la percepción que

Glossary entry

Spanish term or phrase:

por la que se modifica el referido texto refundido

English translation:

amending / modifying the aforementioned consolidated text

Added to glossary by ATzz
Feb 12, 2012 09:32
12 yrs ago
56 viewers *
Spanish term

por la que se modifica el referido texto refundido

Spanish to English Law/Patents Insurance claims record
aprobado por el Real Decreto 8/2004 de 29 de octubre, en su redacción establecida en la Ley 21/2007, por la que se modifica el referido texto refundido.

It is for Australia

Thank you
Proposed translations (English)
4 +2 amending / modifying the aforementioned consolidated text
3 due to which the aforementioned consolidated text is modified

Discussion

Robert Carter May 10, 2018:
@Helena Ah, that's an interesting reference because it refutes part of the reference I posted. In my reference, the Spanish "codificación" is translated as "consolidation" in the English text (or vice versa), whereas your reference suggests they are in fact three distinct terms. However, the EC links given in the document you cite only have translations in English, German and French. Requires some further investigation it would seem.
Charles Davis May 4, 2018:
Thanks, Robert I wasn't aware of this, I must admit. I think I've grasped the difference.

Whether this means that we should now start translating "texto refundido", referring to Spanish legislation, as "recast text" instead of "consolidated text" is something that after a very hard week I am too befuddled to work out. I'd better come back to it when I'm more alert.
Helena Chavarria May 4, 2018:
Cont. The new act is published in the Official Journal (L series). The IPPC Directive has recently been codified (Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control).
Recast: recasting is similar to codification in that it brings together, into a single new act, a legislative act and all the amendments made to it or a legislative act and related acts. Unlike codification, however, recasting involves new substantive changes, as amendments are made to the original act during preparation of the recast text. As for a codification, a recast can be either vertical or horizontal. The new act passes through the full legislative process and repeals all the acts being recast. The new legal instrument is published in the Official Journal (L series).

http://ec.europa.eu/environment/archives/air/stationary/ippc...
Helena Chavarria May 4, 2018:
@Robert Thank you for the information! I've been using 'consolidated text' for several decades and no one has ever complained, but it's never too late to change!

1. Clarification of the use of different legislative techniques
Consolidation: the integration of basic instruments of Community legislation, their amendments and corrections in single, non-official documents. These documents aim to provide more transparency and easier access to EU law. Several legal texts initially and officially published in different issues of the Official Journal of the European Union are combined as a 'consolidated family' in one easy-to-read document. The consolidated legal text is not adopted by the institutions and not published in the Official Journal.
Codification: the procedure for repealing the acts to be codified and replacing them with a single act containing no substantive change to those acts, with the aim to make the law clearer and more easily accessible without changing its substance. A codification can be either vertical (whereby the new legal act replaces a single earlier act) or horizontal (whereby the new legal act replaces several earlier acts relating to the same subject).
Robert Carter May 4, 2018:
@Helena and Charles. I thought this might interest you both. Since I read Charles' extensive entry here some time ago, I've been using "consolidated text" as a translation for "text refundido". However, I was alerted recently to the possibility that it may in fact be mistaken, at least in EU law, and that instead it should be "recast text".

Check out the following EUR-lex links, which explain the difference between consolidated (codificación) and recasting (refundición).

Recasting of legislation
The recasting of legislation means the adoption, when an amendment is made to a basic instrument, of a new legal instrument which incorporates the said amendment into the basic instrument, but repeals and replaces the latter. Unlike formal consolidation, it involves changes of substance. It also gives a comprehensive overview of an area of legislation. The new legal instrument is published in the Official Journal (L series).
https://eur-lex.europa.eu/summary/glossary/legislation_recas...

Here's the Spanish version:
https://eur-lex.europa.eu/summary/glossary/legislation_recas...

Saludos!

Proposed translations

+2
36 mins
Selected

amending / modifying the aforementioned consolidated text

This is the way it would normally be expressed, I think. It literally means "by which the aforementioned consolidated text is modified"; in other words, Ley 21/2007 modifies the previous text. "Modify" could be used but "amend" is more usual.

"Part III of the Family Law Act 1996 amending the Legal Aid Act 1988, provided for legal aid for mediation in family maers to those financially eligible."
http://books.google.es/books?id=6ZWGxMciqIUC&pg=PA64&lpg=PA6...

"The Housing Act 1996, amending the Housing Act 1988, introduced this requirement."
http://www.howto.co.uk/property/property-markets/recovering_...

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Note added at 47 mins (2012-02-12 10:20:08 GMT)
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Here is a quotation from a Spanish judgment and its official EU English translation:

"La normativa aplicable se encuentra recogida en el Real Decreto Legislativo 1/1996, de 12 de abril, por el que se aprueba el Texto Refundido de la Ley de Propiedad Intelectual (en lo sucesivo, «TRLPI»). Dicho Real Decreto Legislativo fue modificado, en el marco de la adaptación del Derecho interno a la Directiva 2001/29, mediante la Ley 23/2006, de 7 de julio, por la que se modifica el Texto Refundido de la Ley de Propiedad Intelectual, aprobado por el Real Decreto Legislativo 1/1996, de 12 de abril (BOE nº 162, de 8 de julio de 2006, p. 25561).
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:...

"The applicable rules are contained in Royal Legislative Decree 1/1996 of 12 April 1996, approving the consolidated text of the Law on Intellectual Property (‘the CTLIP’). That royal legislative decree was amended in the context of the transposition of Directive 2001/29 by the Law 23/2006 of 7 July 2006 amending the consolidated text of the Law on Intellectual Property approved by Royal Legislative Decree 1/1996 (BOE No 162 of 8 July 2006, p. 25561)."
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:...

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Note added at 51 mins (2012-02-12 10:24:27 GMT)
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"Aforementioned" is legalese, but it is quite normal in this context; eg.

"Order in Council made on the 27th day of May 1968 amending the aforementioned Order in Council 2"
http://www.legislation.govt.nz/regulation/public/1973/0278/l...

Some people prefer to avoid language like this, and if you were determined to do so you could put "this consolidated text". Personally, I wouldn't.

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Note added at 1 hr (2012-02-12 10:35:53 GMT)
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By the way, "consolidated" is definitely right for "refundido". See for example these previous questions:
http://www.proz.com/kudoz/spanish_to_english/other/127647-te...
http://www.proz.com/kudoz/spanish_to_english/law:_contracts/...
Note from asker:
Yes, I will use "aforementioned". Thank your for your help and all the information!
Yes, thanks again
Peer comment(s):
agree Mike Sadler (X)
9 mins
Thanks, Mike!
agree James A. Walsh
2 hrs
Thanks, James :)
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4 KudoZ points awarded for this answer. Comment: "Thank you"
23 mins

due to which the aforementioned consolidated text is modified

A suggestion
Note from asker:
THANK YOU VERY MUCH
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