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14:21 Jul 28, 2019 |
Romanian to English translations [PRO] Law/Patents - Law (general) / Sentință Civilă | |||||||
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| Selected response from: Adrian MM. Austria | ||||||
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3 | applications for writ of execution |
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2 +1 | applications to approve forced levies of execution (vs. foreclosures of mortgages or liens) |
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applications for writ of execution Explanation: Quote from Wikipedia: A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to take possession of money from the defendant's bank account. If the judgment debtor owns real property, the judgment creditor can record the execution to freeze the title until the execution is satisfied. Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments. Not all assets are subject to execution. For example, Social Security income that resides in a bank account, Individual Retirement Accounts (IRA's), unemployment income are exempt from a levy on a debtor's bank account. Reference 1: https://en.wikipedia.org/wiki/Writ_of_execution Reference 2: https://www.investopedia.com/terms/w/writ-of-execution.asp Background information: English source: ... enforcement of rights, licensing, rights in rem, levy of execution, insolvency proceedings, surrender, renewal, assignment, deferred publication or declaration of invalidity ... source: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSL... Romanian translation: ... exercitarea drepturilor, licențele, drepturile reale, executarea silită, procedurile de insolvență, renunțarea, reînnoirea, cesiunea, amânarea publicării sau declararea nulității ... source: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSL... From EUR-LEX: English source: ... 18 Paragraph 56(1) of the Law on judicial enforcement provides that, by order, the court ordering the enforcement must exclude or, where appropriate, limit the enforcement if it finds, on the basis of authentic instruments, that the enforcement decision has been derogated from or amended by a final decision, or if a final decision has pronounced that the claim for which enforcement is sought, evidenced by an instrument to which an enforcement clause has been affixed, did not arise validly ... Romanian translation: ... 18 Articolul 56 alineatul (1) din Legea privind executarea silită judiciară prevede că, prin ordonanță, instanța care a dispus executarea silită decide încetarea sau, după caz, limitarea executării silite dacă constată, în temeiul unor acte autentice, că o decizie definitivă a derogat de la sau a modificat decizia care urma să fie executată ori dacă printr‐o decizie definitivă s‐a constatat că creanța pentru care se solicită executarea silită, stabilită printr‐un act învestit cu formulă executorie, nu a luat naștere în mod valabil ... |
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applications to approve forced levies of execution (vs. foreclosures of mortgages or liens) Explanation: If executării silite is plural and, exceptionally, steps are to be taken to enforce an arbitration > în baza unor hotărâri arbitrale parțiale, then *a* writ of execution or an order for enforcement in Eng. law would be the end and not the start of the process. Otherwise, foreclosure , narrowly in the UK, targets a mortgage of land-only in a 'mortgage repossession action' (usually started in the County Court) whereas, in the USA, it seems (to me at any rate) to be wider and can hit loans generally and liens of goodsor company shares that are then 'foreclosed on' as well as land liens (called land charges in the UK). Example sentence(s):
Reference: http://eng.proz.com/kudoz/romanian-to-english/law-general/43... Reference: http://www.proz.com/kudoz/romanian-to-english/real-estate/49... |
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