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uma acção declarativa com processo ordinário

English translation: ordinary declarative proceeding

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:acção declarativa com processo ordinário
English translation:ordinary declarative proceeding
Entered by: xxxLia Fail
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18:00 Dec 8, 2003
Portuguese to English translations [PRO]
Law/Patents
Portuguese term or phrase: uma acção declarativa com processo ordinário
The entire expression, it refers to an action being taken by A against B in an English court.
xxxLia Fail
Spain
Local time: 16:55
ordinary declarative proceeding
Explanation:
This refers to a procedure under Portuguese law, right? For debts?
HEre is a good explanation. declarativa versus executiva..

The amicable settlement process starts with the issue of a final notice demanding that the debtor pay the principal amount plus default interest (save where otherwise agreed by the parties) at the current business rate, presently of 12%.

Aside from fast-track procedures (injunction to pay — injunção) for undisputed debts of less than EUR 3,740.98 (formerly PTE 750,000) arising from civil or commercial contracts, which must be filed with the competent court in which the obligation was contracted, creditors may also instigate "declarative proceedings" (acção declarativa), onerous and protracted proceedings taking a year or more, in order to obtain a ruling establishing their right to payment. Thereafter, they have to engage "executory proceedings" (acção executiva) to obtain material execution of the court's ruling.

A reform of the Code of Civil Procedure introduced in January 1996 has established that any original deed under private seal (any written document issued to a supplier) in which a buyer unequivocally recognises his debt is considered as an instrument enforceable by law.
This provision is aimed at encouraging buyers to comply with contractual undertakings and protecting creditors from having to engage in extended court proceedings.

As Portugal does not have commercial courts (aside from those in Lisbon and Oporto which deal with winding up cases and dissolutions of partnerships), civil courts (Varas Cíveis), which are presided over by a collegial panel of three judges, rule upon business-related claims over EUR 14,963.94 (formerly PTE 3 million).



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Note added at 2003-12-08 18:14:05 (GMT)
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reference:

www.trading-safely.com/sitecwp/ceen.nsf/0/ A1D4D5526CE5FAB6C12569D5004F7667?OpenDocument - 6k

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Note added at 2003-12-08 18:15:41 (GMT)
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FINAL: declarative proceedings

I don\'t think you need to actually translate the word accao as action...it\'s implied..

cheers
Selected response from:

Jane Lamb-Ruiz
Grading comment
Perfect, thanks:-)
4 KudoZ points were awarded for this answer

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Summary of answers provided
5ordinary declarative proceedingJane Lamb-Ruiz
4a declarative act through a normal proceeding
Michael Powers (PhD)
3a declaratory action by regular trial
William Stein


  

Answers


3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
uma acção declarativa com processo ordinário
a declaratory action by regular trial


Explanation:
In a declaratory judgment, the judge just determines the rights and obligations of the respective parties (like an opinion) without sentencing anybody.

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Note added at 4 mins (2003-12-08 18:05:27 GMT)
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In this declaratory action brought by Biogen, Inc
In this declaratory action brought by Biogen, Inc., Berlex Laboratories appeals the decision of the United States District Court for the Southern District of ...
www.mmjp.or.jp/tps/CAFC-SUMMARY-EG/01-1058e.htm - 5k

William Stein
Costa Rica
Local time: 09:55
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 127
Login to enter a peer comment (or grade)

4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
uma acção declarativa com processo ordinário
a declarative act through a normal proceeding


Explanation:
Maria Chaves de Mello. Dicionário jurídico.

Mike :)

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Note added at 5 mins (2003-12-08 18:06:20 GMT)
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\"processo\" in Portuguese is \"proceeding\"

\"processo ordinário: ordinary proceeding\"

Michael Powers (PhD)
United States
Local time: 10:55
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 3474

Peer comments on this answer (and responses from the answerer)
disagree  Jane Lamb-Ruiz: accao is not act it's action
10 mins

agree  rhandler
12 mins
  -> thank you, Ralph - Mike :)
Login to enter a peer comment (or grade)

12 mins   confidence: Answerer confidence 5/5
ordinary declarative proceeding


Explanation:
This refers to a procedure under Portuguese law, right? For debts?
HEre is a good explanation. declarativa versus executiva..

The amicable settlement process starts with the issue of a final notice demanding that the debtor pay the principal amount plus default interest (save where otherwise agreed by the parties) at the current business rate, presently of 12%.

Aside from fast-track procedures (injunction to pay — injunção) for undisputed debts of less than EUR 3,740.98 (formerly PTE 750,000) arising from civil or commercial contracts, which must be filed with the competent court in which the obligation was contracted, creditors may also instigate "declarative proceedings" (acção declarativa), onerous and protracted proceedings taking a year or more, in order to obtain a ruling establishing their right to payment. Thereafter, they have to engage "executory proceedings" (acção executiva) to obtain material execution of the court's ruling.

A reform of the Code of Civil Procedure introduced in January 1996 has established that any original deed under private seal (any written document issued to a supplier) in which a buyer unequivocally recognises his debt is considered as an instrument enforceable by law.
This provision is aimed at encouraging buyers to comply with contractual undertakings and protecting creditors from having to engage in extended court proceedings.

As Portugal does not have commercial courts (aside from those in Lisbon and Oporto which deal with winding up cases and dissolutions of partnerships), civil courts (Varas Cíveis), which are presided over by a collegial panel of three judges, rule upon business-related claims over EUR 14,963.94 (formerly PTE 3 million).



--------------------------------------------------
Note added at 2003-12-08 18:14:05 (GMT)
--------------------------------------------------

reference:

www.trading-safely.com/sitecwp/ceen.nsf/0/ A1D4D5526CE5FAB6C12569D5004F7667?OpenDocument - 6k

--------------------------------------------------
Note added at 2003-12-08 18:15:41 (GMT)
--------------------------------------------------

FINAL: declarative proceedings

I don\'t think you need to actually translate the word accao as action...it\'s implied..

cheers

Jane Lamb-Ruiz
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 3273
Grading comment
Perfect, thanks:-)
Login to enter a peer comment (or grade)




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