cuota legal

English translation: statutory quota

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:cuota legal
English translation:statutory quota
Entered by: Justin Peterson

09:08 Apr 23, 2024
Spanish to English translations [PRO]
Law/Patents - Law (general) / Inheritance
Spanish term or phrase: cuota legal
XXX es la persona llamada como heredera ab intestado de la misma, sin perjuicio de la ** cuota legal** usufructuaria correspondiente al cónyuge supérstite

OK, she is the intestate heir, but what's up with the "cuota legal?"

"without prejudice to the usufruct rights corresponding to the surviving spouse - ?
Justin Peterson
Spain
Local time: 08:17
statutory quota
Explanation:
Need to be very wary with "legal"
In most cases it is a false friend and it casually means "statutory"


Worldwide Estate and Inheritance Tax Guide
EY
https://assets.ey.com › ey-com › en_us › topics › e...
PDF
20 Oct 2022 — ... Succession will also ensure that the immediate members of the deceased's family are not deprived of their minimum statutory quota of the ...
506 pages

Splitting heirs - considering forced heirship rules
Step.org
https://nec.step.org › step-journal-april-2012 › splitting-...
1 Apr 2012 — ... statutory quota). Peter could have drawn up a last will according to which his partner, Heidi, would receive the entire free estate of a ...

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Note added at 10 hrs (2024-04-23 19:32:21 GMT)
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What is the full meaning of quota?
A quota is the limited number or quantity of something which is officially allowed. The quota of four tickets per person had been reduced to two.



--------------------------------------------------
Note added at 10 hrs (2024-04-23 19:32:38 GMT)
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Inheritance law revision: new quotas and compulsory shares
Vontobel
https://www.vontobel.com › insights › inheritance-law-r...
10 Jun 2022 — The law stipulates that certain heirs have a mandatory right to a certain portion of the inheritance share of the estate. These compulsory ...



--------------------------------------------------
Note added at 10 hrs (2024-04-23 19:33:10 GMT)
--------------------------------------------------

Portugal - European e-Justice Portal - Succession
European e-Justice Portal
https://e-justice.europa.eu › succession › PORTUGAL
31 Oct 2023 — The law stipulates that only part of the inheritance, the so-called available quota, is available. The remaining part (legitimate share) must be ...

Italian Inheritance
italianinheritance.co.uk
https://italianinheritance.co.uk › uploads › 2012/10
PDF
Italian Civil Code determines exactly the inheritance quota available to the testator, that is to say which is the quota that he/she can dispose of without any.
Selected response from:

AllegroTrans
United Kingdom
Local time: 07:17
Grading comment
Thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2statutory quota
AllegroTrans
4legal quota/amount
Eileen Brophy
4statutory beneficial entitlement (share of inheritance)
Adrian MM.
Summary of reference entries provided
Civil Code
Jane Martin
usufruct
Lisa Rosengard

Discussion entries: 1





  

Answers


17 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
legal quota/amount


Explanation:
Another option is "XXX is the person called as heir intestate of the same, without prejudice to the **legal** usufructuary quota/amount corresponding to the surviving spouse"

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Note added at 2 hrs (2024-04-23 11:51:36 GMT)
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Legitimate or judicial may also be used instead of "legal"

Eileen Brophy
Spain
Local time: 08:17
Works in field
Native speaker of: English
PRO pts in category: 76

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: "legal" is a false friend // neither of them is an option here as the concept is a quota enacted by law, i.e. statutory; this is a very familiar translator's trap which has been discussed many times on ProZ, particularly in the Fr-En pair; see FHS Bridge
2 hrs
  -> Legal is a valid translation of legal from English into Spanish, but legitimate can also be an option
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
cuota legal usufructuaria
statutory beneficial entitlement (share of inheritance)


Explanation:
** cuota legal** usufructuaria correspondiente al cónyuge supérstite : the surviving spouse's statutory beneficial entitlement (to a share of the estate) e.g. a life interest or a life tenancy.

cuota: allotment; share, Alcaraz & Hughes.

cuota usufructuaria: surviving spouse's share of an estate, West, the question leaving out a *crucial* qualifier.

Statutory quota connotes to me a number, rather than an 'entrenched portion' (UK law speak).

statutory allotment in BrE would refer to 'borough etc. land' (or a garden plot into which we children had been wont to kick our football.)

Statutory share in other Roman civil-law systems is, according to the first example sentence, not on all fours with a compulsory portion or 'legítima', though need not be canvassed here,

Obiter, in Anglo-Am. law a portion-debt - incurred during the testaor's or testatrix's lifetime, notably a promise to favo/u/r a child, though Googles none too well - is something else and not to be confused with portion of a debt. 'Discuss'.

Example sentence(s):
  • AT: The compulsory portion amounts to (one) half of the *statutory share of inheritance.*

    Reference: http://www.proz.com/kudoz/spanish-to-english/finance-general...
    Reference: http://www.lawinsider.com/dictionary/beneficial-entitlement
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 586

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Is not a "share" (in the particular context) equally a "quota"? I don't regard this as a number de rigueur;
4 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
statutory quota


Explanation:
Need to be very wary with "legal"
In most cases it is a false friend and it casually means "statutory"


Worldwide Estate and Inheritance Tax Guide
EY
https://assets.ey.com › ey-com › en_us › topics › e...
PDF
20 Oct 2022 — ... Succession will also ensure that the immediate members of the deceased's family are not deprived of their minimum statutory quota of the ...
506 pages

Splitting heirs - considering forced heirship rules
Step.org
https://nec.step.org › step-journal-april-2012 › splitting-...
1 Apr 2012 — ... statutory quota). Peter could have drawn up a last will according to which his partner, Heidi, would receive the entire free estate of a ...

--------------------------------------------------
Note added at 10 hrs (2024-04-23 19:32:21 GMT)
--------------------------------------------------

What is the full meaning of quota?
A quota is the limited number or quantity of something which is officially allowed. The quota of four tickets per person had been reduced to two.



--------------------------------------------------
Note added at 10 hrs (2024-04-23 19:32:38 GMT)
--------------------------------------------------

Inheritance law revision: new quotas and compulsory shares
Vontobel
https://www.vontobel.com › insights › inheritance-law-r...
10 Jun 2022 — The law stipulates that certain heirs have a mandatory right to a certain portion of the inheritance share of the estate. These compulsory ...



--------------------------------------------------
Note added at 10 hrs (2024-04-23 19:33:10 GMT)
--------------------------------------------------

Portugal - European e-Justice Portal - Succession
European e-Justice Portal
https://e-justice.europa.eu › succession › PORTUGAL
31 Oct 2023 — The law stipulates that only part of the inheritance, the so-called available quota, is available. The remaining part (legitimate share) must be ...

Italian Inheritance
italianinheritance.co.uk
https://italianinheritance.co.uk › uploads › 2012/10
PDF
Italian Civil Code determines exactly the inheritance quota available to the testator, that is to say which is the quota that he/she can dispose of without any.

AllegroTrans
United Kingdom
Local time: 07:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1664
Grading comment
Thanks

Peer comments on this answer (and responses from the answerer)
agree  Jennifer Levey
13 mins
  -> thanks Jennifer

agree  patinba
46 mins
  -> Thanks!
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Reference comments


3 hrs peer agreement (net): +1
Reference: Civil Code

Reference information:
492. La disposición contenida en el número segundo del precedente artículo no es aplicable al vendedor o donante que se hubiere reservado el usufructo de los bienes vendidos o donados, ni a los padres usufructuarios de los bienes de los hijos, ni al cónyuge sobreviviente respecto de la ***cuota legal usufructuaria*** si no contrajeren los padres o el cónyuge ulterior matrimonio.
https://www.mjusticia.gob.es/es/AreaTematica/DocumentacionPu...

The provisions of Number 2 of the preceding Article shall not apply to the seller or
donor who has reserved usufruct over the goods sold or given, nor to parents who are usufructuaries of goods pertaining to their children, nor to the surviving spouse in respect of his ***legal share in usufruct***, unless the parents or the spouse were to subsequently marry.
https://www.mjusticia.gob.es/es/AreaTematica/DocumentacionPu...

Jane Martin
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 216

Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans
23 mins
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7 hrs
Reference: usufruct

Reference information:
Usufruct is a legal term derived from Roman law, but it's used in modern legal systems. Primarily it concerns the use and income of another person's property, provided, that the property is not damaged or diminished.
If you have usufruct of a property you can stay in it, rent it out, use it as your own, but you're required to maintain the property and you must do nothing that could decrease its value.


    Reference: http://https://www.studysmarter.co.uk/explanations/law/uk-le...
Lisa Rosengard
United Kingdom
Native speaker of: English
PRO pts in category: 36
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