No obstante caber

English translation: Although an appeal may be filed / Although ... is open to appeal

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:No obstante caber
English translation:Although an appeal may be filed / Although ... is open to appeal
Entered by: Richard Vranch

05:03 Feb 28, 2017
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: No obstante caber
No obstante caber recurso de reforma contra la resolución acordando el embargo, la misma es ejecutiva de forma inmediata.


His is part of a freezing order under the "challenges/appeals" section.

I've never seen "no obstante caber"... is this normal or a typo...

I was going with. "An appeal to the judge issuing the decision [recurso de reforma] may not be lodged as the order is immediately enforceable"
Richard Vranch
Local time: 10:46
Although an appeal may be filed / Although ... is open to appeal
Explanation:
And you might add "nevertheless" to the second clause.

It's not a typo for "No obstante cabe", in my opinion. "No obstante cabe recurso" would mean "Nevertheless, an appeal may be filed", and you would expect a comma after "No obstante", which would be a sentence adverb. The syntax would be clumsy, because you'd have two main clauses ("cabe recurso..." and "la misma es ejecutiva...") separated by a comma.

But that's not what it's saying. "No obstante" functions here as a preposition meaning "in spite of" or "notwithstanding", and "caber recurso" means "the fact that an appeal can be filed" ("an appeal being fileable"). So "No obstante caber recurso" means "Despite the fact that an appeal may be filed" or "Although an appeal may be filed" or "Notwithstanding the fact that an appeal may be filed". The sentence is saying that the court order is subject to appeal, but must nevertheless be enforced immediately, without waiting for the outcome of the appeal.

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Note added at 3 hrs (2017-02-28 08:24:08 GMT)
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It's this second use of no obstante in the DRAE:

"2. loc. prepos. a pesar de. Decía no interesarle el dinero; no obstante lo cual, murió rico."
http://dle.rae.es/?id=QpXHaj2

An example to illustrate its use with the infinitive:

"No obstante ser correcta la afirmación anterior, merece ser precisada."
http://repositori.uji.es/xmlui/bitstream/handle/10234/64192/...

And there are others in these previous questions:

"no obstante haber efectuado
despite the fact that the contract had been fully paid"
http://www.proz.com/kudoz/spanish_to_english/business_commer...

"ya que no obstante haber concedido a un tercero
even though having granted a third party
http://www.proz.com/kudoz/spanish_to_english/law_general/204...

"no obstante haber sido legalmente emplazada
inspite of the summons having been served"
http://www.proz.com/kudoz/spanish_to_english/law_general/467...

--------------------------------------------------
Note added at 3 hrs (2017-02-28 08:35:00 GMT)
--------------------------------------------------

"Even though" could be use here.

--------------------------------------------------
Note added at 5 hrs (2017-02-28 10:20:43 GMT)
--------------------------------------------------

"Lodged" rather than "filed" if you're using British English, by the way.
Selected response from:

Charles Davis
Spain
Local time: 11:46
Grading comment
Thanks Charles, that's brilliant!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +7Although an appeal may be filed / Although ... is open to appeal
Charles Davis


Discussion entries: 2





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +7
Although an appeal may be filed / Although ... is open to appeal


Explanation:
And you might add "nevertheless" to the second clause.

It's not a typo for "No obstante cabe", in my opinion. "No obstante cabe recurso" would mean "Nevertheless, an appeal may be filed", and you would expect a comma after "No obstante", which would be a sentence adverb. The syntax would be clumsy, because you'd have two main clauses ("cabe recurso..." and "la misma es ejecutiva...") separated by a comma.

But that's not what it's saying. "No obstante" functions here as a preposition meaning "in spite of" or "notwithstanding", and "caber recurso" means "the fact that an appeal can be filed" ("an appeal being fileable"). So "No obstante caber recurso" means "Despite the fact that an appeal may be filed" or "Although an appeal may be filed" or "Notwithstanding the fact that an appeal may be filed". The sentence is saying that the court order is subject to appeal, but must nevertheless be enforced immediately, without waiting for the outcome of the appeal.

--------------------------------------------------
Note added at 3 hrs (2017-02-28 08:24:08 GMT)
--------------------------------------------------

It's this second use of no obstante in the DRAE:

"2. loc. prepos. a pesar de. Decía no interesarle el dinero; no obstante lo cual, murió rico."
http://dle.rae.es/?id=QpXHaj2

An example to illustrate its use with the infinitive:

"No obstante ser correcta la afirmación anterior, merece ser precisada."
http://repositori.uji.es/xmlui/bitstream/handle/10234/64192/...

And there are others in these previous questions:

"no obstante haber efectuado
despite the fact that the contract had been fully paid"
http://www.proz.com/kudoz/spanish_to_english/business_commer...

"ya que no obstante haber concedido a un tercero
even though having granted a third party
http://www.proz.com/kudoz/spanish_to_english/law_general/204...

"no obstante haber sido legalmente emplazada
inspite of the summons having been served"
http://www.proz.com/kudoz/spanish_to_english/law_general/467...

--------------------------------------------------
Note added at 3 hrs (2017-02-28 08:35:00 GMT)
--------------------------------------------------

"Even though" could be use here.

--------------------------------------------------
Note added at 5 hrs (2017-02-28 10:20:43 GMT)
--------------------------------------------------

"Lodged" rather than "filed" if you're using British English, by the way.

Charles Davis
Spain
Local time: 11:46
Native speaker of: English
PRO pts in category: 1379
Grading comment
Thanks Charles, that's brilliant!

Peer comments on this answer (and responses from the answerer)
agree  neilmac
45 mins
  -> Thanks, Neil ;-)

agree  José Manuel Lozano
1 hr
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agree  Martin Harvey
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agree  Andy Watkinson
3 hrs
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agree  AllegroTrans
4 hrs
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agree  Robert Forstag
6 hrs
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agree  Robert Carter
6 hrs
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