Glossary entry

Spanish term or phrase:

demandada reconvencional

English translation:

counterclaim defendant

Added to glossary by marilors
May 8, 2010 14:29
14 yrs ago
1 viewer *
Spanish term

demandada reconvencional

Spanish to English Law/Patents Law (general) law
demandada reconvencional
Change log

May 17, 2010 07:33: marilors Created KOG entry

Discussion

Carl Stoll May 8, 2010:
Etymological note The term “reconventional demand“ is evidently bastardised French, smuggled into the Louisiana dialect of English since Louisiana, when it ceased being French and became part of the US of A in 1804 or so, retained the French civil code, which was then merely translated into English -- evidently by some arch-nincompoop, by the looks of it. Or, actually, translated most likely by a lawyer who merely codified the already existing Anglicised calques of the French legal terms, which were used by Louisiana lawyers at the time. Thus Louisiana is the only state of the US that uses the civil-law system instead of the common law. Consequently the term “reconventional demand“ is an aberration used in one small corner of the world due to an anomalous series of historical events. Perhaps the island of Mauritius in the Indian Ocean has a similar setup, since it also was a French colony that was annexed by Britain in the 19th century and thus was forced to decide whether to retain the civil law or adopt the common law.

Proposed translations

+3
52 mins
Selected

counterclaim defendant

A counterclaim is made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people.
Peer comment(s):

agree Adele Black
1 hr
Thank you
agree Adrian MM. (X) : (if fem. = corp.) defendants to the counterclaim
4 hrs
Thank you
agree Jennifer Levey
21 hrs
Thank you
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks / the answer has been very helpful!!"
-1
20 mins

reconventional demand

Peer comment(s):

agree Ana Lucia Amaral
12 mins
thank you
disagree Carl Stoll : You left out the part that says it's only used in Louisiana. Rather an important detail, I would say. "In the civil law of Louisiana : COUNTERCLAIM"
6 hrs
Ok
disagree Jennifer Levey : Forget about Louisiana civil law, which is totally irrelevant here: 'demandADA' is the 'defendant', not the 'demand'.
22 hrs
Something went wrong...

Reference comments

7 hrs
Reference:

Common law vs civil law

There is a very interesting world map of legal systems at: http://es.wikipedia.org/wiki/Archivo:LegalSystemsOfTheWorldM...

The relevant article is at:
http://es.wikipedia.org/wiki/Sistema_jurídico

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Note added at 8 Stunden (2010-05-08 22:41:14 GMT)
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LaPorta, Lopez de Silanes, Schleifer: The economic consequences of legal origins. Fasciinating article about the effects on economic development of a country's legal system. Downloadable pdf doc

http://works.bepress.com/cgi/viewcontent.cgi?article=1020&co...
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