Glossary entry

Spanish term or phrase:

Solidario/Indistinto ó Mancomunado/Conjuntamente con

English translation:

Joint AND Several/Several OR Joint/Jointly with

Added to glossary by Will Griffin
Sep 2, 2004 07:39
19 yrs ago
37 viewers *
Spanish term

Solidario/Indistinto ó Mancomunado/Conjuntamente con

Spanish to English Law/Patents Law: Contract(s)
I would say that the first is "Joint and Several", but that leaves me at a loss as to the second (they are alternatives and so can't be the same thing).

The document is an insurance form to be filled in by the individual/company wishing to take out the insurance with the bank in question. There are a number of sections to the form. This one is entitled "Sistema Operativo", and underneath this heading, you are required to tick a box. Either "Solidario/Indistinto" or "Mancomunado/Conjuntamente con cualquiera de los siguientes". It then rather confusingly goes on to give a number of boxes (to be ticked) with numbers next to them.

There is another document with a similar part to it (presumably meant to be the same) but phrased slightly differently; instead of "Solidario/Indistinto", it says "Solidario/Individual" and then continues as above.

Any ideas on how to phrase this?

Proposed translations

4 hrs
Selected

Joint AND Several/Several OR Joint/Jointly with

Solidario/Individual = Joint & Several/Individual.

Indistinto also: indiscriminate; without distinction.
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4 KudoZ points awarded for this answer. Comment: "Thanks to everyone. Quite difficult to choose a winner. Sorry for grading so late! "
+1
18 mins
Spanish term (edited): Solidario/Indistinto � Mancomunado/Conjuntamente con

Individually or Jointly

Suerte
Peer comment(s):

agree neilmac : sounds about right to me...
30 mins
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5 hrs

jointly or severally for indistinto, jointly and severally for mancomunado

Assume that "indistinto" refers to the fact that A OR B can assume liability indiscriminately... make sense?
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+1
15 hrs

Severally for solidaria/indistinto and joint for mancomunado/conjuntamente con

From West's Dictionary of Law and Business:

solidariamente = severally

mancomunadamente = jointly

Tom West further gives:
mancomunada y solidariamente = jointly and severally


The confusion arises because we tend to interpret "solidario" as meaning "jointly." How on earth, on layperson's term can we be "solidarios" but by acting "jointly"? However, "una deuda solidaria" means that the creditor can INDISTINCTLY go after either one of the debtors, INDISTINCTLY. The debtors' "solidarity" just mean that either one is responsible for the whole debt, independently (i.e. indistinctly).

Thus,

solidariamente = indistintamente = severally

mancomunadamente = conjuntamente con = jointly
Peer comment(s):

agree Manuel Cedeño Berrueta
1 day 9 hrs
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2 days 1 hr
Spanish term (edited): Solidario/Indistinto � Mancomunado/Conjuntamente con

Explanation

This situation is similar to that of bank accounts with two or more signers where:

If any of the signers can sign individually >> firma/cuenta individual/indistinta/solidaria (alternatives for the same thing)

If all the signatures are required >> firma/cuenta conjunta/ mancomunada (alternatives for the same thing)

The other colleagues have given the translations.

Best regards,
Manuel

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