KudoZ home » Italian to English » Law (general)

misura cautelare reale

English translation: in rem precautionary measure

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:misura cautelare reale
English translation:in rem precautionary measure
Entered by: claudiocambon
Options:
- Contribute to this entry
- Include in personal glossary

18:55 Dec 25, 2010
Italian to English translations [PRO]
Law/Patents - Law (general)
Italian term or phrase: misura cautelare reale
This is from an attachment order issued by a court against banks involved in litigation concerning derivatives sold to Italian government entities.

Here is the sentence:

La misura cautelare reale del sequestro preventivo è prevista e disciplinata dall art. 53 in relazione all. art. 19 in prospettiva della confisca, anche per equivalente, del profitto del reato. (They are talking about D.L. 231/2001.)

I understand misura cautelare as the seizure order (although I'm not sure that's enough of a distinction from the sequestro preventivo, which is the attachment order), so I would appreciate any feedback on that, but it's the "reale" that has me stumped. Does it mean something more than 'actual'?

Any advice or suggestions would as always be greatly appreciated.

Buon lavoro e Buon Natale!
claudiocambon
United States
Local time: 11:52
in rem precautionary measure
Explanation:
This is a precautionary measure concerning real property, as opposed to a precautionary measure in personam (i.e. relating to a person, conduct, etc.).
Selected response from:

Thomas Roberts
Grading comment
This is perfect, Thomas. This also ended up clarifying the difference from misura cautelare personale, so two birds with one stone! Mille grazie!
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4in rem precautionary measure
Thomas Roberts
4seizure or forfeiture as preventive measureEllen Kraus
4precautionary seizure/attachment
simon tanner
3actual remand order
Gad Kohenov
Summary of reference entries provided
"reale" comes from the latin RESScience451

  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
actual remand order


Explanation:
http://www.proz.com/kudoz/italian_to_english/law_general/948...

--------------------------------------------------
Note added at 2 hrs (2010-12-25 21:26:33 GMT)
--------------------------------------------------

This is of interest:
http://www.proz.com/kudoz/italian_to_english/law_general/314...

Provisional measures.

Gad Kohenov
Israel
Local time: 21:52
Works in field
Native speaker of: Native in FrenchFrench, Native in HebrewHebrew
PRO pts in category: 394
Notes to answerer
Asker: My concern about remand is that it applies to the detention of persons, not the confiscation of assets, which is at issue here. Any way to tweak this? Thanks!

Login to enter a peer comment (or grade)

13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
precautionary seizure/attachment


Explanation:
As Science451 points out, "reale" is a bit of a false friend, and refers to "things", from the Latin.

As can be seen here: "Article 9(2) provides that, in the case of an infringement on a commercial scale, judicial authorities may order a precautionary seizure of “movable and immovable property” which includes freezing the bank accounts and other assets." (from http://en.wikipedia.org/wiki/Directive_on_the_enforcement_of...

and here:
http://ec.europa.eu/civiljustice/interim_measures/interim_me...

precautionary seizure is authoritatively used, as is precautionary attachment, for that matter:

http://ec.europa.eu/civiljustice/interim_measures/interim_me...
(which shows, moreover, that the EU uses both terms)

This term of course translates the whole of the phrase "La misura cautelare reale del sequestro preventivo". If you want to keep it more literal, then "the precautionary measure of seizure".

Misura cautelare is any precautionary measure, and may be, as Science451 also points outs, against persons or things - pre-trial custody is another example.

Seizure and attachment are pretty much interchangeable as far as I'm aware (but I'm not a lawyer, so I won't stick my neck out too far)

simon tanner
Italy
Local time: 20:52
Specializes in field
Native speaker of: English
PRO pts in category: 751
Notes to answerer
Asker: Although this is not specifically what I was looking for, this was nonetheless elucidating and helpful, and can apply in more general settings. Thank you as always, Simon!

Login to enter a peer comment (or grade)

16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
seizure or forfeiture as preventive measure


Explanation:
I´d say

--------------------------------------------------
Note added at 16 Stunden (2010-12-26 11:39:12 GMT)
--------------------------------------------------

in the present case it is without doubt "the seizure of derivates ... as a preventive measure." derivatives deals. ... The seizure is part of a widening investigation by Italian police and judicial authorities into ... claiming they had been wrongly sold the derivatives contracts because they were not sufficiently ... Deutsche Bank in exclusive talks on BHF sale ...
www.ft.com/cms/s/0/08f1d0e8-0d2b-11e0-82ff-00144feabdc0.htm...

--------------------------------------------------
Note added at 16 Stunden (2010-12-26 11:40:01 GMT)
--------------------------------------------------

sorry, it should of course read "derivatives"

Ellen Kraus
Austria
Local time: 20:52
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 147
Login to enter a peer comment (or grade)

18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
in rem precautionary measure


Explanation:
This is a precautionary measure concerning real property, as opposed to a precautionary measure in personam (i.e. relating to a person, conduct, etc.).

Thomas Roberts
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 2712
Grading comment
This is perfect, Thomas. This also ended up clarifying the difference from misura cautelare personale, so two birds with one stone! Mille grazie!
Login to enter a peer comment (or grade)




Reference comments


2 hrs
Reference: "reale" comes from the latin RES

Reference information:
res=cosa,
beni, averi, proprietà, sostanze, ricchezza, patrimonio

A "restraining order" is a kind of "misura cautelare personale".

"Misurura cautelare reale" refers to a RES (a thing).

Hope this helps...and Merry Xmas!


--------------------------------------------------
Note added at 2 hrs (2010-12-25 21:19:08 GMT)
--------------------------------------------------

sorry for the typo...misura, not misurura

--------------------------------------------------
Note added at 2 hrs (2010-12-25 21:25:17 GMT)
--------------------------------------------------

very kind of you!
you're welcome!
Maddalena


    Reference: http://www.dizionario-latino.com/dizionario-latino.php?parol...
Science451
Italy
Native speaker of: Native in ItalianItalian
PRO pts in category: 53
Note to reference poster
Asker: This is brilliant. So it's an order to seize property, not to remand a person to custody. Please post an answer if you feel like it! Thanks!

Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search