Author: dc

According to the RAE, incurrir means “to fall into a fault, an offense, or an error” (caer en una falta, cometerla). From the Latin incurrĕre, literally “to run into” or “to run against” (in- + currere, to run). In Legal Spanish, incurrir is almost always followed by the preposition en and means to become subject to a legal consequence, liability, penalty, or obligation as a result of one’s conduct. Thus, a person may incurrir en responsabilidad (to incur liability), incurrir en mora (to fall into default), incurrir en incumplimiento (to be in breach), or incurrir en gastos (to incur expenses). E.g.: Los administradores incurrirán en responsabilidad por los daños causados por actos contrarios a la ley → Directors shall incur liability for damages caused by acts contrary to the law. Another common example is incurrir en mora, that is, to fall into default by failing to perform an obligation when due. Be careful: incurrir does not simply mean “to do” or “to commit.” It conveys the idea of entering into an unfavorable legal situation or becoming exposed to its consequences. As you can see, the original Latin image of “running into” something survives remarkably well in modern Legal Spanish. dc

Masculine noun. From the Latin summarium, summary. In ordinary Spanish, sumario may refer to a summary or table of contents. In Legal Spanish, however, it usually refers to the preliminary stage of an investigation or to the file containing the proceedings carried out during that stage. E.g.: El sumario se encuentra bajo secreto de actuaciones → The investigation file is subject to confidentiality. Another common expression is instruir un sumario: to conduct or carry out a formal investigation. E.g.: Se ordenó instruir sumario para determinar las responsabilidades correspondientes → A formal investigation was ordered to determine the corresponding liabilities. The adjective is also sumario/a, meaning summary, abbreviated, or expedited, as in procedimiento sumario. Be careful: in Legal Spanish, sumario rarely means merely a summary. More often than not, it refers to an investigation or the file containing it. dc

Verb, from the Latin percipĕre, to take completely or to gather. In Legal Spanish, percibir does not simply mean “to receive,” but to receive money, typically on a regular basis, such as salaries, pensions, or benefits. Percibe una pensión mensual → he/she receives a monthly pension; Los trabajadores perciben su salario a fin de mes → workers receive their salary at the end of the month. Outside that context, however, percibir means something quite different: to perceive or become aware of something through the senses or the mind. No percibí ningún cambio en su actitud → I did not perceive any change in his attitude. Same verb, but not quite the same thing. dc

Noun. From the Latin immissio, -ōnis, derived from the verb immittere (to introduce, to bring in, to project inwards). It is formed from the prefix in- (within) and the verb mittere (to send, to throw).

Inmisión refers to the introduction or projection of elements (noise, smoke, odours, vibrations, heat, light, etc.) from one property or activity that affect another, usually without direct physical contact.

In Legal Spanish, the term is primarily used in civil law and property law, especially in relation to limitations on property rights and neighbourly relations. Inmisiones occur when a lawful activity on one property produces harmful effects on another.

Example
Las inmisiones de ruido procedentes del local exceden los límites tolerables y vulneran el derecho del propietario colindante.
→ The noise emissions coming from the premises exceed tolerable limits and infringe the neighbouring owner’s rights.

Terminological note
Inmisión is a technical term in civil law and does not have a single, exact equivalent in common law. Depending on the context, it is usually translated as emissions, nuisance, or interference. dc

Noun.
From the Latin causans, causantis, the active participle of the verb causari (to cause, to give rise to), itself derived from causa (reason, motive). It is formed from the root caus- and the suffix -nte, which denotes an agent, that is, the one who performs the action.

Causante refers to the person who causes, originates, or gives rise to a fact, situation, or right.

Example
El virus fue el causante de la enfermedad.
→ The virus was the cause of the disease.

In Legal Spanish, the term has a precise technical meaning:
it refers to the person from whom a right originates, and more specifically, to the deceased in matters of succession, that is, the person whose estate is transmitted to the heirs.

Example
Los bienes del causante se transmitirán conforme a lo dispuesto en el testamento.
→ The assets of the deceased will be transferred in accordance with the provisions of the will.

Regional usage (Mexico):
In Mexican legal and administrative Spanish, causante is also used as a synonym for taxpayer, meaning the person subject to a tax obligation. dc

Verb. From Latin testāri: to bear witness, to testify.

Testar is an interesting verb in legal Spanish, as it is used mainly in legal contexts and has little presence in everyday language.

1. To make a will
This is the traditional and primary meaning: to dispose of one’s assests upon death. See testamento.

2. To strike out or delete part of a legal document
In documentary and legal practice, testar means to delete, strike through, or render ineffective a part of a legal text.

In English, the closest equivalent is to redact.

⚠️ False friend alert:
In Spanish, redactar does not mean “to delete” but rather to draft or write a text (for example, to draft a contract: redactar un contrato).

3. Modern usage: “to test”
There is a third meaning of testar in contemporary Spanish, influenced by the English verb to test, with the sense of to try or to test something (a system, a process, a product).

From a prescriptive point of view, the RAE recommends:

• probar
• poner a prueba

In practice, however, many speakers prefer testear, while using testar with this meaning can be confusing in legal contexts.