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  3. Law: Contract(s)

sechestru asigurator

English translation: distraint (upon property)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Romanian term or phrase:sechestru asigurator
English translation:distraint (upon property)
Entered by: Radu DANAILA

13:31 Nov 21, 2008
Romanian to English translations [PRO]
Law/Patents - Law: Contract(s)
Romanian term or phrase: sechestru asigurator
asupra unor terenuri. Multumesc.
siminagheorghe
Local time: 03:39
distraint (upon property)
Explanation:
http://en.wikipedia.org/wiki/Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries.[1] Distraint is the act or process "whereby a person (the distrainor), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury."[2] Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval, but today some kind of court action is usually required.
Selected response from:

Radu DANAILA
Romania
Local time: 03:39
Grading comment
Merci
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4distraint (upon property)
Radu DANAILA
4(juridical ) sequestration/ sezing of assets ordered by the court
Anca Nitu
3(US/UK) charging order nisi
Adrian MM. (X)


  

Answers


8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
distraint (upon property)


Explanation:
http://en.wikipedia.org/wiki/Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries.[1] Distraint is the act or process "whereby a person (the distrainor), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury."[2] Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval, but today some kind of court action is usually required.

Radu DANAILA
Romania
Local time: 03:39
Specializes in field
Native speaker of: Native in RomanianRomanian
PRO pts in category: 88
Grading comment
Merci

Peer comments on this answer (and responses from the answerer)
agree  Ana Andronache
1 min
  -> multumesc!
agree  Tradeuro Language Services
19 hrs
  -> multumesc!~
agree  Claudia Anda-Maria Halas
19 hrs
  -> multumesc!
agree  Liviu-Lee Roth: sau distress (US)
1 day 15 hrs
  -> multumesc! // corect, exact ca in definitia oferita de Wikipedia.
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(juridical ) sequestration/ sezing of assets ordered by the court


Explanation:
http://spete.avocatura.com/speta.php?pid=2936

Dictionar juridic - Definitie juridica
definitie:

(dr. proc. pen; dr. prod.civ.) - sunt masurile procesuale care se pot lua numai in cursul procesului penal de catre organul de urmarire penala sau de catre instanta de judecata si care constau in indisponibilizarea prin instituirea unui sechestru a bunurilor mobile si imobile, in vederea repararii pagubei produse prin infractiune, precum si pentru garantarea executarii pedepsei amenzii. In materie civila, masuri asiguratorii sunt: sechestrul judiciar, asigurator si poprirea asiguratoare.
http://www.advocate.ro/cabinet_avocat_cuvant_Masuri_asigurat...
aici e definitia termenului si nu e nici vorba de chirie si "distrainor" care ia legea in mana proprie :)

Sequestration is the act of removing, separating or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state.
http://en.wikipedia.org/wiki/Sequestration_(law)

INTRODUCTION
Once a Creditor has succeeded in obtaining a Default Order or Payment Order, it is still up to the Creditor (not the Court) to actually collect the money owed to the Creditor by the Debtor.

This factsheet will tell a Creditor how to go about having assets of a Debtor seized and sold to pay the debt owed. Any assets (except real property) can be seized by the procedure described in this factsheet. The usual things seized include motor vehicles, boats, furniture, personal belongings and shares in companies.

This factsheet will also tell a Debtor what rights a Debtor has when his or her assets are about to be seized or have been seized.
http://www.thelawcentre.ca/fact18.html


Anca Nitu
Local time: 20:39
Native speaker of: Native in RomanianRomanian
PRO pts in category: 169
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
(US/UK) charging order nisi


Explanation:
Depends what the 'securing sequestration' is being used for.

Charging order: 1. made by the court and can be 2. nisi/ provisional or absolute/ final over 3. land/ teren or 4. goods/ 'mobile' including company shares or an interest in a partnership.

In E&W , a sequestration order is unsual and has been used eg. by UK ex-Prime Minister Margaret Thatcher to seize trade union etc. funds for wildcat strikes.

Levy of distraint or distress is normally of goods on the land or in the dwelling let etc. for rent, but not of the land itself.








Example sentence(s):
  • Sechestru asigurator : Masura care consta in indisponibilizarea a unei parti din bunurile mobile apartinand debitorului parat,
  • A Charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any ...

    Reference: http://www.euroavocatura.ro/dictionar/1382/Sechestru_asigura...
    Reference: http://en.wikipedia.org/wiki/Charging_order
Adrian MM. (X)
Local time: 02:39
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 102
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