cauções pecuniárias

English translation: security

14:13 Jul 28, 2019
Portuguese to English translations [PRO]
Bus/Financial - Insurance
Portuguese term or phrase: cauções pecuniárias
From a D&O Insurance Policy about Defence Costs- I am struggling with the specific financial terms in this section: (cauções pecuniárias, fiancas bancarias, seguros garantia, fianca)

" os custos incorridos pelo Segurado para a contratação de cauções pecuniárias exigíveis judicialmente, como seguros garantia ou fianças bancárias, exclusivamente no que se refere à responsabilidade civil derivada de uma Reclamação em decorrência de um Ato Danoso, coberta pela Apólice, e não se incluindo nesta definição o valor da caução pecuniária a ser constituída; bem como (ii) os custos incorridos pelo Segurado para a contratação de fiança concedida pela autoridade competente para o fim de assegurar a liberdade provisória do Segurado, em consequência direta de uma Reclamação decorrente de um Ato Danoso, não se incluindo nesta disposição o valor da própria fiança."
Jack Martin
Brazil
Local time: 00:00
English translation:security
Explanation:
Translation of source sentence: Costs incurred by the Insured in the provision of security required by a court order.

"Security can take a number of forms:

Payment of money into court or to a solicitor to be held on specified terms;
Bank bonds;
Parent company or bank guarantees; or
An insurance policy. An appropriately worded after the event (ATE) insurance policy that gives the defendant sufficient protection can amount to adequate security for the defendant's costs. A defendant would need to be reassured that the amount of costs insured is sufficient and that there are robust anti-avoidance provisions so that the ATE insurance cannot subsequently be rendered worthless. Sometimes an ATE insurer will (at a cost) provide a direct deed of indemnity to the defendant to satisfy these concerns."
https://gowlingwlg.com/en/insights-resources/articles/2019/h...

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Note added at 8 hrs (2019-07-28 22:23:03 GMT)
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Although my reference concerns security for costs and the provision in the Brazilian Civil Procedure Code concerns security provided in legal proceedings in other circumstances e.g. to secure a release of disputed assets, the terms used in the reference are nevertheless equivalent and apposite.
Selected response from:

MARK ROBERTSON
Local time: 04:00
Grading comment
Not 100% sure if this is better than the other suggestions, but is closer to what I went with in the end, Thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
4financial bonds
Patricia Fierro, M. Sc.
4security
MARK ROBERTSON
2the (US) posting of (civil) cost bonds in cash > (UK) furnishing of cash security for costs
Adrian MM.


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
financial bonds


Explanation:
financial security deposit or guarantee

Patricia Fierro, M. Sc.
Ecuador
Local time: 22:00
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
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3 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
a contratação de cauções pecuniárias
the (US) posting of (civil) cost bonds in cash > (UK) furnishing of cash security for costs


Explanation:
No indication of the US/Can vs. BrE/ IrE target-readership, but the question might better go back to the 'contracting' part as the terminology, even there, differs in the US/Can from the UK and a country-neutral translation IMO is difficult when the plural possibly needs to be reflected e.g. putting up of (various types of) security in cash form

'The terms "security for costs" and "cost bond" refer to a bond posted as security for payment of a potential adverse award of costs, which may or may not include attorney fees. Security for costs is the "[p]ayment into court in the form of *cash, property or bond* by a plaintiff or an appellant to secure the payment of costs ifsuch person does not prevail." BLACK's LAW DICTIONARY 1357 (6th ed. 1990).'

vs. US crim. bail bond or UK bail (bail bond is used as security for ships only): (ii) os custos incorridos pelo Segurado para a contratação de fiança concedida pela autoridade competente para o fim de assegurar a liberdade provisória do Segurado


    Reference: http://www.linguee.com/english-portuguese/translation/bail+b...
    Reference: http://cholarship.law.stjohns.edu/cgi/viewcontent.cgi?articl...
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
security


Explanation:
Translation of source sentence: Costs incurred by the Insured in the provision of security required by a court order.

"Security can take a number of forms:

Payment of money into court or to a solicitor to be held on specified terms;
Bank bonds;
Parent company or bank guarantees; or
An insurance policy. An appropriately worded after the event (ATE) insurance policy that gives the defendant sufficient protection can amount to adequate security for the defendant's costs. A defendant would need to be reassured that the amount of costs insured is sufficient and that there are robust anti-avoidance provisions so that the ATE insurance cannot subsequently be rendered worthless. Sometimes an ATE insurer will (at a cost) provide a direct deed of indemnity to the defendant to satisfy these concerns."
https://gowlingwlg.com/en/insights-resources/articles/2019/h...

--------------------------------------------------
Note added at 8 hrs (2019-07-28 22:23:03 GMT)
--------------------------------------------------

Although my reference concerns security for costs and the provision in the Brazilian Civil Procedure Code concerns security provided in legal proceedings in other circumstances e.g. to secure a release of disputed assets, the terms used in the reference are nevertheless equivalent and apposite.


MARK ROBERTSON
Local time: 04:00
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Grading comment
Not 100% sure if this is better than the other suggestions, but is closer to what I went with in the end, Thanks
Login to enter a peer comment (or grade)



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