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saisie conservatoire sur biens meubles corporels

English translation: interim attachment / seizure for security

15:01 Feb 10, 2009
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: saisie conservatoire sur biens meubles corporels
It's a procès-verbal (report) by a bailiff, informing a person that a Court judgement has lead to a décision of "saisie-conservatoire sur biens meubles corporels", to pay for some debts.
This is for an Irish reader.
I find so many translations for saisie conservatoire, according to what country it is for and what type of property it concerns, can someone help me decide between seizure, sequester, restraint, distraint ?
pasc
Local time: 16:37
English translation:interim attachment / seizure for security
Explanation:
I agree with Tom Thumb, but not wholly, as 'Levy of distress' (in which there subsists the notion of compelling the performance of an obligation) may be confused with 'saisie-exécution', (the forced sale of collaterals) which is more forceful than 'saisie conservatoire', a judicial means of ensuring debtors do not divest themselves of distrainable properties, but not resulting directly in sale until the debt is serviced voluntarily or by court order. Under a 'saisie-conservatoire', the judge effectively allows the creditor to prevent the transfer of some property owned by the debtor at least until such time as a justification for the 'saisie-conservatoire' has been recognised by court.
The terms suggested above will also appeal to and be understood by laymen, which is usually useful in the translation of legal texts.

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Note added at 1 day1 hr (2009-02-11 16:49:54 GMT)
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of tangible moveable property
Selected response from:

John Ritchie
France
Local time: 16:37
Grading comment
Although levy of distress seems to be the right thing, I shall choose to use interim attachment, as it seems to be the more widely used one, and the one with the widest scope. So it will be 'interim attachment of tangible moveable property



Summary of answers provided
4(E&W/Irish) levy of distress; (Scots) poinding of goods
Adrian MM. (X)
4interim attachment / seizure for security
John Ritchie


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
(E&W/Irish) levy of distress; (Scots) poinding of goods


Explanation:
Levy of distress implies of goods/chattels esp. for rent or damages.

Distraint can't be levied, but goods/chattels can be distrained.

A charging order (nisi or absolute) can fasten on land OR on company shares. So is not quite right here.

Lastly, the gen. term for the first part is a freezing order - which is practical reality and dictionary-undriven.





    Reference: http://dictionary.reference.com/browse/Distrain
Adrian MM. (X)
Local time: 16:37
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858
Login to enter a peer comment (or grade)

1 day 1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
interim attachment / seizure for security


Explanation:
I agree with Tom Thumb, but not wholly, as 'Levy of distress' (in which there subsists the notion of compelling the performance of an obligation) may be confused with 'saisie-exécution', (the forced sale of collaterals) which is more forceful than 'saisie conservatoire', a judicial means of ensuring debtors do not divest themselves of distrainable properties, but not resulting directly in sale until the debt is serviced voluntarily or by court order. Under a 'saisie-conservatoire', the judge effectively allows the creditor to prevent the transfer of some property owned by the debtor at least until such time as a justification for the 'saisie-conservatoire' has been recognised by court.
The terms suggested above will also appeal to and be understood by laymen, which is usually useful in the translation of legal texts.

--------------------------------------------------
Note added at 1 day1 hr (2009-02-11 16:49:54 GMT)
--------------------------------------------------

of tangible moveable property

John Ritchie
France
Local time: 16:37
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Although levy of distress seems to be the right thing, I shall choose to use interim attachment, as it seems to be the more widely used one, and the one with the widest scope. So it will be 'interim attachment of tangible moveable property
Login to enter a peer comment (or grade)



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