Glossary entry

Portuguese term or phrase:

dispensar

English translation:

obviate; waive

Added to glossary by Oliver Simões
Jun 19, 2019 19:01
4 yrs ago
36 viewers *
Portuguese term

dispensar

Portuguese to English Law/Patents Law (general) Birth Certificate
"As anotações do cadastro acima não dispensam a apresentação do documento original, quando exigida pelo órgào solicitante."

Not sure how to translate this. Dismiss? Exempt?

Target language is US-EN. Thank you.
Proposed translations (English)
4 +1 obviate
4 (do not) waive

Discussion

Mark Robertson Jun 23, 2019:
@Gilmar Fernandes Estive "fora" com uns prazos mas agora tive tempo para ver isso com calma. Agora confirmei que conforme asseverado pelo Gilmar, nos EUA o uso de frases como "the rules do not waive" não é uma raridade. Assim podemos aceitar que este é um uso enraizado embora persisto na minha que não é um uso correto do termo "waive" conforme o seu sentido estrito técnico-jurídico.
Gilmar Fernandes Jun 19, 2019:
"As anotações do cadastro acima não dispensam... It's the amendments that do not waive the requirement to submit the original document. I did not say or imply anything else other than this.
Mark Robertson Jun 19, 2019:
@Gilmar Fernandes You are missing the point. Yes, requirements can be waived, but only by those, who impose them, or for whose benefit they are imposed, not by those who are required to comply with them. You cannot waive the requirement to wear a seat belt, but the airline might waive the requirement that you wear it.

This is confirmed by Blacks Law Dictionary (US) and A Modern Dictionary of Legal Usage (US/GB) both edited by Bryan A. Garner.
Gilmar Fernandes Jun 19, 2019:
@Mark I disagree. This may have to do with the differences between US English versus British EN.....
All my life here in the US (over 40 years now) I've heard of waiving requirements and obligations and not just rights and privileges.
Mark Robertson Jun 19, 2019:
@Gilmar Fernandes You can only waive things that are of actual or potential benefit to you. You cannot waive an obligation owed by you to others.

All the examples in your link confirm this.

e.g. "That is, a bond is required when the will does not waive the requirement for the named executor." So, the testator waives the requirement that the executor post a bond. The person benefited is the third party, i.e. the executor. It is not the executor who waives his obligation.
In our question, there is an obligation to submit the original document. That obligation could only be waived by the proper authority that imposed the requirement to file the original document.

Proposed translations

+1
40 mins
Selected

obviate

(...) do not obviate the need to submit the original document.
Peer comment(s):

agree Adrian MM. : seems to work in AmE cf. Bryan A. Garner (albeit of British pedigree): boards.straightdope.com/sdmb/showthread.php?t=240574
9 mins
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4 KudoZ points awarded for this answer. Comment: "In my view, both terms ("obviate", "waive") are equally acceptable. I picked "obviate", but I also entered Gilmar's suggestion into the Glossary. His arguments make sense. Thank you both."
4 mins

(do not) waive

.
Peer comment(s):

agree Liane Lazoski
13 mins
Obrigado, Liane :)
disagree Mark Robertson : waive only correct with regard to claims, privileges, rights, defects.
31 mins
https://ludwig.guru/s/waive the requirement for
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