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Spanish to English translations [PRO] Law/Patents - Law: Contract(s)
Spanish term or phrase:subrogado en los derechos
Here we go again with the same document as my previous questions. i.e. from a document originally drafted in Basque (probably based on Spanish regulations), then translated into Spanish, which I'm now translating into English.
I know what this means but I would have thought it was the other way around. i.e. the new owner would assume the rights and obligations of the previous owner?
El cambio de titularidad del establecimiento o de la empresa operadora no supondrá la extinción de la autorización de instalación vigente, quedando el nuevo titular subrogado en los derechos y obligaciones del anterior, hasta que se cumpla el período de vigencia.
No obstante, el nuevo titular podrá denunciar la validez de la autorización de instalación ante la Dirección de Juego y Espectáculos, en cuyo caso, la subrogación tendrá efectos por un período máximo de tres años, a partir de la fecha de la denuncia.
It's the right way round. The new proprietor *is* subrogated in the previous one's: quedando el nuevo titular subrogado en los derechos y obligaciones del anterior.
Subrogation is often used in insurance meaning the ins. co. stands in the shoes of the insured and takes over his or her rights and obligations e.g. to conduct litigation on the latter's behalf cf. assignment and novation of debts.
Note the prepositions: subrogation TO a party IN the rights and obligations.
As I complete the proofreading of this document, and come across this term again, it is just one of those terms I can't get my head around. Sorry to go on, but, again, if subrogate is synonymous with substitute then to say that the 'new owner shall be subrogated/substituted' just doesn't seem right, in that it would make more sense to my mind, if it said, the 'previous owner shall be subrogated'. Anyway, having had so much confirmation, I’m sure you are all right and that it’s just me who is confused by this. I am still tempted to work around it by saying “the new owner shall assume the rights and obligations of the previous owner”
In my oppinion, the translation is straight clear. Even if we let aside the logic and presume that the "nuevo titular" can be substituted by the "anterior" - the phrase would have been differently formulated.
but, it must be that "the new owner takes over all the previous owners rights and obligations", but my confusion is with respect to the original, in that "quedando subrogado" suggests, to my mind at least", that it is the "nuevo titular" that is subrogated/substituted rather than the one doing the subrogation/substitution, so to speak
just for my own sanity, you are saying that the new owner takes over all the previous owners rights and obligations, that's what I understood from the spanish.
but "quedando subrogado" suggests, to my mind at least", that it is the "nuevo titular" that is subrogated/substituted rather than the one doing the subrogation/substitution, so to speak. But yeah, I think I get your meaning. Thanks, Lorena!
as wordy in English and maybe you will see how is being phrased in Spanish: the new owner will subsitute the previous owner in his/her rights and obligations until the period of validity expires...
If the verb "subrogar" means to substitute, isn't it the previous owner's rights that are subrogated/substituted and not the rights and obligations of the "nuevo titular"?
I haven't come across this term before, so is "the new owner is subrogated in the rights and obligations of the previous owner" the same as "the new owner assumes the rights and obligations of the previous owner"?
It's the right way round. The new proprietor *is* subrogated in the previous one's: quedando el nuevo titular subrogado en los derechos y obligaciones del anterior.
Subrogation is often used in insurance meaning the ins. co. stands in the shoes of the insured and takes over his or her rights and obligations e.g. to conduct litigation on the latter's behalf cf. assignment and novation of debts.
Note the prepositions: subrogation TO a party IN the rights and obligations.
peer agreement (net): +4