Glossary entry

Spanish term or phrase:

cuota legal

English translation:

statutory quota

Added to glossary by Justin Peterson
Apr 23 09:08
15 days ago
26 viewers *
Spanish term

cuota legal

Spanish to English Law/Patents Law (general) Inheritance
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 - ?

Discussion

Lisa Rosengard Apr 23:
Statutory - enacted, authorized or regulated by statute law.
I suppose it means that the quota or the amount is determined already in such a way that it won't change.

Proposed translations

+2
2 hrs
Selected

statutory quota

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.



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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 ...



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Note added at 10 hrs (2024-04-23 19:33:10 GMT)
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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.
Peer comment(s):

agree Jennifer Levey
13 mins
thanks Jennifer
agree patinba
46 mins
Thanks!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks"
17 mins

legal quota/amount

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"
Peer comment(s):

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
Something went wrong...
5 hrs
Spanish term (edited): cuota legal usufructuaria

statutory beneficial entitlement (share of inheritance)

** 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:

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

Peer comment(s):

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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Reference comments

3 hrs
Reference:

Civil Code

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...
Peer comments on this reference comment:

agree AllegroTrans
23 mins
Something went wrong...
7 hrs
Reference:

usufruct

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.
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