cautelar de garantías fundamentales

English translation: relief to protect fudamental (rights and) guarantees

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:cautelar de garantías fundamentales
English translation:relief to protect fudamental (rights and) guarantees
Entered by: guillen

23:38 Mar 30, 2020
Spanish to English translations [PRO]
Law/Patents - Law (general) / Chile
Spanish term or phrase: cautelar de garantías fundamentales
...presentó una cautelar de garantías fundamentales para impedir que la Fiscalía...siga realizando incautaciones en la empresa.
guillen
United States
Local time: 00:12
relief to protect fudamental (rights and) guarantees
Explanation:
In asker's specific case this may well be an injunction, but cautelar has a much wider meaning, encompassing all the remedies that the court can grant

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Note added at 20 hrs (2020-03-31 20:18:11 GMT)
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104. - SPECIFIC ISSUES 4.1. - INJUNCTIVE RELIEF IN CASES OF ENVIRONMENTAL INTEREST 4.1.1. - Introduction Injunctive relief is a key element in the protection of the right to a sound environment. This protection, due to the very nature of the matter involved, demands fast and effective procedures. In opposition to a traditionally reactive Law, which seeks to reduce or compensate a harm that is already done, the new Environmental Law should make use of legal tools that allow facing the risks before they occur (prevention principle) or foreseeing and avoiding unknown or uncertain threats (precaution principle). The access to precautionary justice in environmental matters is strongly based on these principles. In the Spanish legal system, this precautionary protection results in the adoption of the so-called precautionary measures (medidas cautelares), which consist, mainly but not solely, in the decision by the Judge or Court to temporarily suspend a contested act or disposition until a final decision is taken.



Interim and precautionary measures - Spain - european e-justice
e-justice.europa.eu › content_interim_and_precautionary_measures-7...
Jump to The procedure - Proceedings concerning parenthood, paternity and maternity: Article 768 of the LEC provides protection measures for the person ...
Missing: cautelar ‎| Must include: cautelar

sentencia cautelar | Spanish to English | Law (general)
www.proz.com › kudoz › law-general › 3938171-sentencia-cautelar
16 Jul 2010 - Sentencia cautelar: puede ser precautionary judgement?... ... Spanish to English translations [PRO] ... protective/precautionary judgment/ruling ... ("proceso cautelar" is usually a proceeding to obtain a preliminary injunction.)

providencia cautelar | Portuguese to English | Law (general)
www.proz.com › kudoz › law-general › 2565220-providencia-cautelar
Jump to injunction (proceedings) - lexisproject. Spain Local time: 07:51. Specializes in field. Native speaker of: English PRO pts in category: 11 ...

Legal Protection cover in Spain - Ibex Insurance
www.ibexinsure.com › legal-protection-summary-of-benefits
Breach of building contracts, claims against neighbours, disputes with building's co-owners committee. Criminal Defence - Protection if proceedings brought ...
Missing: cautelar ‎| Must include: cautelar

Outcome of insolvency proceedings - Uría Menéndez
www.uria.com › publicaciones › documento › UMInsolvency
PDF
1 Jan 2012 - certain important aspects of the Spanish insolvency law. The information ... there is a risk that creditors will enforce security or set-off their claims, even ... Finally, the court may decide as an interim measure (medida cautelar),.

medida cautelar judicial - English translation – Linguee
www.linguee.com › spanish-english › medida+cautelar+judicial
... sentences containing "medida cautelar judicial" – English-Spanish dictionary and search engine for ... proceedings to request from a court an interim measure.

Selected response from:

AllegroTrans
United Kingdom
Local time: 07:12
Grading comment
Thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1relief from fundamental/basic guarantees
David Hollywood
4a temporary restraining injunction enforcing basic (constitutionally) guaranteed rights
Adrian MM.
3injunction for protection of rights
patinba
3relief to protect fudamental (rights and) guarantees
AllegroTrans
3 -1precautonary of fundamental guarantees
Juan Arturo Blackmore Zerón


Discussion entries: 1





  

Answers


21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
relief from fundamental/basic guarantees


Explanation:
not sure of the legalese but might work

--------------------------------------------------
Note added at 1 hr (2020-03-31 01:03:12 GMT)
--------------------------------------------------

petition for relief etc.

David Hollywood
Local time: 03:12
Works in field
Native speaker of: English
PRO pts in category: 1245

Peer comments on this answer (and responses from the answerer)
agree  Maria Gonzalez
6 mins
  -> muchas gracias María

neutral  philgoddard: Isn't it the opposite, providing guarantees rather than waiving them?
5 hrs

neutral  John Rynne: I'm with Phil. Sounds like provision of guarantees, rather than waiver
6 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
precautonary of fundamental guarantees


Explanation:
https://books.google.com.mx/books?id=e6W2AwAAQBAJ&pg=PA199&l...

Juan Arturo Blackmore Zerón
Mexico
Local time: 01:12
Works in field
Native speaker of: Spanish
PRO pts in category: 57

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Pure google translate and you have even mispelled it; makes zero sense in English and your ref. is irrelevant
11 hrs
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12 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
injunction for protection of rights


Explanation:
The decision-making processes of Supreme Administrative ...aca-europe.eu › seminars › 2019_Dublin › Portugal
Mar 26, 2019 - in the injunction for protection of rights, liberties and guarantees, the judge can, in case of special urgency, decide to conduct a hearing within ...

Margao Municipal Council Through ... vs Shri Pandurang ...indiankanoon.org › doc
The Court can grant injunction for protection of rights or prevention of injury according to the legal principles. Court is not supposed to issue an injunction in a ...

LawPavilion Electronic Law Report (LPELR) - CHIEF R. A. ...www.lawpavilionpersonal.com › newfulllawreport
... Court thinks it convenient, but mean that the Court should grant an injunction for protection of rights or the prevention of injury according to legal principles (M).

patinba
Argentina
Local time: 03:12
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1373

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: are all such orders injunctions?
2 hrs
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12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(medida) cautelar de garantías fundamentales
a temporary restraining injunction enforcing basic (constitutionally) guaranteed rights


Explanation:
una cautelar = medida cautelar / anti-distraint or relief from forfeiture in this case.

Cautelar as an adj. > preventive or precautionary (West)

I agree with Phil's discussion entry and John R's comment: an injunction to stop and restrain a *walking possession* or distraint order by the tax authorities.

Note that an injunction is not always an obvious US remedy by virtue of the First Free Speech Amendment to the Constitution.

In E&W, the County & High Court has inherent jurisdiction to stop these shenanigans perpetrated by the authorities of any guise, revenue or the National Statistics Office.


    Reference: http://eng.proz.com/personal-glossaries/entry/1064100-medida...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 574

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: are all such orders injunctions?
1 hr
  -> una medida cautelar could also be an interlocutory order, whilst I have tried to pinpoint to a prohibitive = restraining vs. mandatory = *must-do* injunction ..... or order. English legal system, 1st-year law degree.
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14 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
relief to protect fudamental (rights and) guarantees


Explanation:
In asker's specific case this may well be an injunction, but cautelar has a much wider meaning, encompassing all the remedies that the court can grant

--------------------------------------------------
Note added at 20 hrs (2020-03-31 20:18:11 GMT)
--------------------------------------------------

104. - SPECIFIC ISSUES 4.1. - INJUNCTIVE RELIEF IN CASES OF ENVIRONMENTAL INTEREST 4.1.1. - Introduction Injunctive relief is a key element in the protection of the right to a sound environment. This protection, due to the very nature of the matter involved, demands fast and effective procedures. In opposition to a traditionally reactive Law, which seeks to reduce or compensate a harm that is already done, the new Environmental Law should make use of legal tools that allow facing the risks before they occur (prevention principle) or foreseeing and avoiding unknown or uncertain threats (precaution principle). The access to precautionary justice in environmental matters is strongly based on these principles. In the Spanish legal system, this precautionary protection results in the adoption of the so-called precautionary measures (medidas cautelares), which consist, mainly but not solely, in the decision by the Judge or Court to temporarily suspend a contested act or disposition until a final decision is taken.



Interim and precautionary measures - Spain - european e-justice
e-justice.europa.eu › content_interim_and_precautionary_measures-7...
Jump to The procedure - Proceedings concerning parenthood, paternity and maternity: Article 768 of the LEC provides protection measures for the person ...
Missing: cautelar ‎| Must include: cautelar

sentencia cautelar | Spanish to English | Law (general)
www.proz.com › kudoz › law-general › 3938171-sentencia-cautelar
16 Jul 2010 - Sentencia cautelar: puede ser precautionary judgement?... ... Spanish to English translations [PRO] ... protective/precautionary judgment/ruling ... ("proceso cautelar" is usually a proceeding to obtain a preliminary injunction.)

providencia cautelar | Portuguese to English | Law (general)
www.proz.com › kudoz › law-general › 2565220-providencia-cautelar
Jump to injunction (proceedings) - lexisproject. Spain Local time: 07:51. Specializes in field. Native speaker of: English PRO pts in category: 11 ...

Legal Protection cover in Spain - Ibex Insurance
www.ibexinsure.com › legal-protection-summary-of-benefits
Breach of building contracts, claims against neighbours, disputes with building's co-owners committee. Criminal Defence - Protection if proceedings brought ...
Missing: cautelar ‎| Must include: cautelar

Outcome of insolvency proceedings - Uría Menéndez
www.uria.com › publicaciones › documento › UMInsolvency
PDF
1 Jan 2012 - certain important aspects of the Spanish insolvency law. The information ... there is a risk that creditors will enforce security or set-off their claims, even ... Finally, the court may decide as an interim measure (medida cautelar),.

medida cautelar judicial - English translation – Linguee
www.linguee.com › spanish-english › medida+cautelar+judicial
... sentences containing "medida cautelar judicial" – English-Spanish dictionary and search engine for ... proceedings to request from a court an interim measure.



AllegroTrans
United Kingdom
Local time: 07:12
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1656
Grading comment
Thank you.
Login to enter a peer comment (or grade)



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