Other examples of this questionable use of the gerund are found on page 140 ("auto declarando el sobreseimiento") and page 124 ("mandamiento devolviendo los autos y ordenando que se cumpla lo resuelto"). However, even if we accept this use of the gerund, the presiding judge is more commonly called "el presidente del tribunal" in Spanish. 195: "es contrario a la naturaleza del gerundio español su uso como atributivo"). On page 108, "presiding judge" is translated as "juez presidiendo un tribunal." Spanish grammarians criticize this use of the gerund as an adjective as a Gallicism and insist that correct Spanish is "juez que preside un tribunal" (see, e.g., Gili Gaya, Curso superior de síntaxis española, p. The correct translation of "hereunder" is "en el presente," not "más abajo." On page 94, "hereunder" is translated as both "en el presente" and "más abajo." This is very misleading because "hereunder" is almost never used to mean "below" (más abajo) in contracts (which simply use the word "below" to mean "further down in this document"). Therefore, the correct Spanish translation of "garnishee" (the employer) is "tercero poseedor de la cosa embargada" because the embargado in Spanish is the debtor, not the garnishee. In other words, the employer is the garnishee, not the debtor, but the Spanish word "embargado" refers to the debtor, not to the garnishee. In a garnishment (called an "embargo de sueldo" in Spanish), the creditor, also known as the garnisher (embargante) obtains a garnishment writ directing the garnishee (the employer) to garnish the wages of the debtor (embargado). In fact, however, there are actually three parties to a garnishment: the creditor or "garnisher" (to whom money is owed), the debtor (who owes the money) and the debtor's employer (also known as the "garnishee"). On page 89, "garnisher" is translated as "embargante" and "garnishee" as "embargado." This is incorrect. We will examine each of these problems in turn.
These include (1) translation errors, (2) failure to provide a term, (3) typographical errors, (4) inconsistencies and (5) failure to identify local usage as such. Unfortunately, however, a close inspection of the contents reveals many errors and infelicities that seriously undermine the dictionary's reliability. There is much useful information in this book and Spanish legal translators will certainly want a copy for their libraries. Far from being a mere word list, it gives definitions and examples of how the terms are used in context. The MERL Bilingual Law Dictionary makes a very good first impression.
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