False Friends “Administrador” vs. Administrator

There are at least two instances in legal contexts in which administrador and “administrator” may be false cognates. In the context of corporate law, administrador does not generally refer to an “administrator,”·but rather to a company “director.” For example, in Spain business entities may choose among four possible corporate management structures. Management may be entrusted to an administrador único (“sole director”), two or more administradores mancomunados (“joint directors;” “directors acting jointly”), administradores solidarios (“joint and several directors;” “directors acting jointly and severally”) or a consejo de administración (“board of directors”), which may be called a directorio or junta directiva in other Spanish-speaking jurisdictions. In that regard, “directors” are known variously as consejeros or “board members” or “members of the board” (miembros del consejo, miembros del directorio or miembros de la junta directiva).

In other respects, in English and in the context of inheritance law (Derecho de sucesiones), a person appointed by a court to settle the estate of an intestate decedent (causante que ha muerto intestado) or of a decedent testator who failed to appoint an executor (albacea) is known as an “administrator” (called albacea judicial or albacea dativo in Spanish). It is worth noting that formerly “administrator” denoted a male court-appointed executor of a will, while if that task were performed by a woman, she was known as an “administratrix” (plural: “administratrixes,” or “administratrices”), terms that have now largely fallen in disuse.

Confusing terms: “recurrir” vs. “apelar;” “recurso” vs. “apelación”

It is easy to assume that recurrir and apelar are synonyms, and recurso and apelación do indeed appear as such in many bilingual sources that inevitably translate both as “appeal.” However, they are not interchangeable. Recurso is a broad term denoting generically many types of appeals and legal remedies, both judicial and administrative. Thus, recurso may be a general term for “appeal,” or it may denote a specific means of appeal, depending on the context.

In contrast, (recurso de) apelación is a specific type of appeal (in Spain is known as a recurso devolutivo, or appeal to a higher court) from (or against) the decision of a trial court (tribunal de primera instancia), whether civil, criminal, administrative or labor. In that regard, recurso de apelación may perhaps be described as a “second instance appeal,” an “appeal of a trial court’s decision,” or perhaps as an “appeal to an intermediate appellate court,” but only in those instances in which a further appeal may be available if the apelación is unsuccessful. Verbs denoting the filing of a recurso de apelación are apelar or recurrir en apelación.

ES-EN Legal Translation Blog in 2023

WordPress tells me that 42,531 people viewed my blog content during 2023. I
am quite aware that’s hardly a drop in the bucket for many sites. But it may
actually be a lot for this ES-EN legal translation niche, and encourages me to
continue to add new entries in 2024. I say this because, not long ago, a
lawyer-linguist colleague suggested that my type of language-specific content
is no longer of much interest to translators and interpreters. He suggested
that the focus has now turned to other more technical topics, such as how to run a translation business, translator and interpreter training, the use of plain
or inclusive language, or the impact of AI on T&I, among others.

But I still have lots of ideas concerning the linguistic aspects of legal
translation that I want to add to my 300 already-published blog entries in the
upcoming months. They will still be organized in the same categories that I
invented when commencing the blog in 2016:

  • False Friends (yes, I admit I’ve been
    called la loca de los falsos amigos)
  • Multiple Meanings (Polysemy)
  • Confusing Terms
  • Frequent Mistranslations
  • Español Jurídico
  • Common Terms with Uncommon Legal Meanings
  • Expressing Spanish Civil Law Concepts in Common Law Terms
  • Latinismos
  • Ellipses in Legal Spanish
  • Capsule Vocabularies
  • Terminology Sources,
  • Legal Language in the US and UK

 ¿Nos vemos en 2024?

Un abrazo desde Madrid