Proceso de Tercería de Dominio
| 12:18 Dec 15, 2011 |
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| Spanish to English translations [PRO] Law: Contract(s) | |||||
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| Summary of answers provided | ||||
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| 4 -1 | Third Party No-Fault |
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| 4 -1 | co-litigant joinder process |
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| Discussion entries: 8 | |
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Answers
1 hr confidence: 
peer agreement (net): -1
peer agreement (net): -1Third Party No-Fault Explanation: I'm not sure if this exact legal procedure exists in English, Scottish or US law, but basically the Spanish law is implemented when someone has their goods/rights seized but in fact the party at fault is another. The former thus initiates proceedings to lift the seizure/embargo. This process would be called something like "Implementation of Third-Party No-Fault understanding" and I believe would be treated as per case. -------------------------------------------------- Note added at 1 hr (2011-12-15 14:00:21 GMT) -------------------------------------------------- http://www.ruizmarco.com/pdf/Terceriadedominio.pdf -------------------------------------------------- Note added at 1 hr (2011-12-15 14:01:59 GMT) -------------------------------------------------- The procedure is used to lift seizures that have been wrongly imposed. E.g. someone else has an accident while driving your car and your car is thus seized. As it is not your fault, you can claim your car back. -------------------------------------------------- Note added at 1 hr (2011-12-15 14:04:31 GMT) -------------------------------------------------- (It is not about claiming ownership as you are ALREADY the owner). |
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1 hr confidence: peer agreement (net): -1
peer agreement (net): -1co-litigant joinder process Explanation: When the co-litigant intervenes to claim ownership of the property in dispute -------------------------------------------------- Note added at 5 hrs (2011-12-15 17:59:30 GMT) -------------------------------------------------- Also, through the process of “participatory joinder as a co-litigant”, a third party may intervene in a pending litigation if the judgment rendered in the litigation would have an effect on such third party. In addition, through the process of “joinder as an independent party”, a third party may intervene in a litigation as a party who raises claims against one or both sides to the litigation claiming that it has rights over the whole or a part of the subject of litigation or that its rights are likely to be infringed as a result of the litigation. |
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