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in beslag nemen wegens huurschuld

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14:58 Jan 1, 2002
Dutch to English translations [Non-PRO]
Law/Patents
Dutch term or phrase: in beslag nemen wegens huurschuld
legal
jonathan
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Summary of answers provided
5 +1to seize for arrears of rentxxxweele
5The Black's Law Dictionary defintion of possessionxxxjarry
5to distress for rent arrears
Marijke Mayer
4to distress / attach for rent arrearsxxxHenri
5 -1take possession of due to rent arrears
Dave Greatrix


  

Answers


10 mins   confidence: Answerer confidence 5/5 peer agreement (net): -1
take possession of due to rent arrears


Explanation:
If the property is seized you could also say "repossess due to rent arrears"

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Note added at 2002-01-02 08:06:31 (GMT)
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Taken from http://www.ccra-adrc.gc.ca/E/pub/gl/p-102em/p-102-e.htm

In an action for a dation en paiement, the creditor wants to be declared owner of the property. In return, the creditor abandons any claim arising from the default of payment on the part of the debtor. In this ruling where a hypothecary action is taken, a judgment will first be obtained and then registered so as to be opposable to third parties. The sale will be executed shortly thereafter by a sheriff. Even if the creditor or the bailiff takes possession of the property before the date of the sale, the seizure only occurs on the day the immediate conclusion sought by the creditor, i.e. to force the sale of the property, is executed.



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Note added at 2002-01-02 08:23:38 (GMT)
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As I said above, if the property is seized, it would be repossessed. However it is often the case, also in Holland, for goods to be \"taken possession of\" and sold by auction in order to settle or partly settle a debt. That debt can be the result of anything, including rent arrears. This would not be repossession, as the debtor would be the original owner.

The word used is \"huurschuld\" and not \"huurachterstand\". Strictly speaking I think you should say \"a debt arising from rent arrears\"

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Note added at 2002-01-02 08:24:53 (GMT)
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As I said above, if the property is seized, it would be repossessed. However it is often the case, also in Holland, for goods to be \"taken possession of\" and sold by auction in order to settle or partly settle a debt. That debt can be the result of anything, including rent arrears. This would not be repossession, as the debtor would be the original owner.

The word used is \"huurschuld\" and not \"huurachterstand\". Strictly speaking I think you should say \"a debt arising from rent arrears\"

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Note added at 2002-01-02 08:25:56 (GMT)
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Taken from http://www.ccra-adrc.gc.ca/E/pub/gl/p-102em/p-102-e.htm

In an action for a dation en paiement, the creditor wants to be declared owner of the property. In return, the creditor abandons any claim arising from the default of payment on the part of the debtor. In this ruling where a hypothecary action is taken, a judgment will first be obtained and then registered so as to be opposable to third parties. The sale will be executed shortly thereafter by a sheriff. Even if the creditor or the bailiff takes possession of the property before the date of the sale, the seizure only occurs on the day the immediate conclusion sought by the creditor, i.e. to force the sale of the property, is executed.



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Note added at 2002-01-02 12:54:18 (GMT)
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bureaucraat loopt geen enkel persoonlijk risico : Als een bureaucraat een door hem/haar aangespannen zaak verliest verliest ie zelf niets, behalve misschien wat reputatie; als een burger de zaak van de bureauraat verliest kan hij, zoals ik, alles verliezen: Woning en eigendom, want de SSh/CvB procedeerde met het doel (1) mij uit mijn woning te zetten (2) mijn eigendommen in beslag te nemen om mijn huurschuld daarmee te betalen.

Taken from : http://www.xs4all.nl/~maartens/mein_his/13proces.html

Dave Greatrix
United Kingdom
Local time: 10:11
Native speaker of: English
PRO pts in pair: 1747

Peer comments on this answer (and responses from the answerer)
disagree  xxxjarry: In beslag nemen= seize, attach, etc.; possibly repossess, but not take possession of.
40 mins
  -> Don't make me laugh, Jarry. I'm the Englishman remember. "Take possession of" is a widely used term when relating to bailiffs!

disagree  Sandra Nortje: I agree with Jarry. Oxford dictionary: repossess - to regain possession of (esp. property or goods on which repayment of a debt is in arrears.
1 hr

agree  Marijke Mayer: This is just one more possibility and definitely not wrong! Out of any Google hits: bailiff takes possession of his housekeeper with the same ruthless impassivity he exhibits in sending poor tenants to the streets bostonreview.mit.edu/BR23.3/stone.html
1 hr
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18 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
to seize for arrears of rent


Explanation:
no explanation possible: this is the right answer!

xxxweele
Local time: 11:11

Peer comments on this answer (and responses from the answerer)
agree  xxxjarry: or attach is the correct answer in my view.
32 mins
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33 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
to distress / attach for rent arrears


Explanation:
beslag =
(arrest op goederen) attachment, seizure

huurschuld = huurachterstand =
rent arrears



    legal dictionary
xxxHenri
Local time: 11:11
PRO pts in pair: 65
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34 mins   confidence: Answerer confidence 5/5
to distress for rent arrears


Explanation:
Jonathan, in addition to my esteemed colleagues who went ahed of me here, I would like to offer the following term 'distress', which also appears to be commonly used per the following Google searches (which were many)
[PDF] Questionnaire
File Format: PDF/Adobe Acrobat - View as HTML
... distress for rent for commercial tenancies should be abolished? Yes or No Please
give reasons. Question 2. Do you use court procedures to collect rent arrears ...
www.lcd.gov.uk/consult/distress/annf.pdf
[ More results from www.lcd.gov.uk ]

Landlords could lose the right to the 'distress' remedy for ...
... Friday, December 07, 2001, London time 17.42, ... Landlords could lose the
right to the 'distress' remedy for rent arrears ...
www.hobsonaudley.co.uk/05_legalnews3.cfm?IdVar=393&category...

Good luck,
Marijke


    Van den End's Juridisch Lexicon
Marijke Mayer
Netherlands
Local time: 11:11
Native speaker of: Dutch
PRO pts in pair: 525
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3 hrs   confidence: Answerer confidence 5/5
The Black's Law Dictionary defintion of possession


Explanation:
is as follows:

"The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place or name. Act or state of possessing. The condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of other persons."

In other words, there does not appear to be anything which suggests that taking possession involves a legal action to enforce that right.

Let us stick to the subject matter under review and not become personal, please!

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Note added at 2002-01-02 12:26:46 (GMT)
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Take possession of = in bezit nemen


    Black's Law Dictionary
xxxjarry
South Africa
Local time: 12:11
Native speaker of: English
PRO pts in pair: 3855

Peer comments on this answer (and responses from the answerer)
agree  Marijke Mayer: "Repossess" shall mean the act of obtaining physical possession of a motor vehicle by a lienholder or any person acting on his behalf ..sudoc.nhsl.lib.nh.us/rsa/259-87-a.htm. Although not on the right subject, the other reference was not meant personally!
4 hrs
  -> My request not to be come personal referred to David's remark, namely: "Don't make me laugh, Jarry. I'm the Englishman remember".

disagree  Dave Greatrix: If "in belsag nemen" refers to property other than the actual living accomodation, (which has not been made clear in the query)"to take possession of" can not be considered to be incorrect.
18 hrs
  -> I respect your opinion, as always. I also continue to believe that "in beslag nemen" is to seize or attach. Did you know that accoMModation takes two M's by the way?
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