contra tulburărilor de drept și de fapt

English translation: against disturbance in fact and in law

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Romanian term or phrase: contra tulburărilor de drept și de fapt
English translation:against disturbance in fact and in law
Entered by: Simona Pop

12:22 Nov 3, 2013
Romanian to English translations [PRO]
Bus/Financial - Law: Contract(s) / Obligaţiile Autorului cedent
Romanian term or phrase: contra tulburărilor de drept și de fapt
Autorul cedent are următoarele obligații:
...
să garanteze Editorului exercițiul drepturilor cedate contra tulburărilor de drept și de fapt, atât cele provenite din partea terților, cât și cele rezultate dintr-o faptă proprie.
Simona Pop
Romania
Local time: 23:36
against/for/on disturbance in fact and in law
Explanation:
Nu sunt foarte sigura ce prepozitie ar trebui folosita...
Code of Civil Procedure
CCP 3659 — Same; disturbance in fact and in law defined

Universal Citation: LA Code Civ Pro 3659

Art. 3659. Same; disturbance in fact and in law defined

Disturbances of possession which give rise to the possessory action are of two kinds: disturbance in fact and disturbance in law.

A disturbance in fact is an eviction, or any other physical act which prevents the possessor of immovable property or of a real right therein from enjoying his possession quietly, or which throws any obstacle in the way of that enjoyment.

A disturbance in law is the execution, recordation, registry, or continuing existence of record of any instrument which asserts or implies a right of ownership or to the possession of immovable property or of a real right therein, or any claim or pretension of ownership or right to the possession thereof except in an action or proceeding, adversely to the possessor of such property or right.
http://law.justia.com/codes/louisiana/2011/ccp/ccp3659

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Note added at 47 minute (2013-11-03 13:09:49 GMT)
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Cred ca "against" e OK
No warranty against disturbances in fact because they seller has no control over these people. Warranty is effective against disturbances in law.
http://quizlet.com/22879863/sales-obligation-of-the-seller-a...
Selected response from:

Claudia Coja
Local time: 22:36
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1against de jure and de facto interference; {are given a warranty of quiet possession in fact & law}
Adrian MM. (X)
3against/for/on disturbance in fact and in law
Claudia Coja


  

Answers


29 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
against/for/on disturbance in fact and in law


Explanation:
Nu sunt foarte sigura ce prepozitie ar trebui folosita...
Code of Civil Procedure
CCP 3659 — Same; disturbance in fact and in law defined

Universal Citation: LA Code Civ Pro 3659

Art. 3659. Same; disturbance in fact and in law defined

Disturbances of possession which give rise to the possessory action are of two kinds: disturbance in fact and disturbance in law.

A disturbance in fact is an eviction, or any other physical act which prevents the possessor of immovable property or of a real right therein from enjoying his possession quietly, or which throws any obstacle in the way of that enjoyment.

A disturbance in law is the execution, recordation, registry, or continuing existence of record of any instrument which asserts or implies a right of ownership or to the possession of immovable property or of a real right therein, or any claim or pretension of ownership or right to the possession thereof except in an action or proceeding, adversely to the possessor of such property or right.
http://law.justia.com/codes/louisiana/2011/ccp/ccp3659

--------------------------------------------------
Note added at 47 minute (2013-11-03 13:09:49 GMT)
--------------------------------------------------

Cred ca "against" e OK
No warranty against disturbances in fact because they seller has no control over these people. Warranty is effective against disturbances in law.
http://quizlet.com/22879863/sales-obligation-of-the-seller-a...

Claudia Coja
Local time: 22:36
Works in field
Native speaker of: Native in RomanianRomanian
PRO pts in category: 203
Notes to answerer
Asker: mulțumesc

Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
{să garanteze ... } contra tulburărilor de drept și de fapt
against de jure and de facto interference; {are given a warranty of quiet possession in fact & law}


Explanation:
The guarantee may change the emphasis:

Intellectual property and sale of goods> warranty of quiet (undisturbed) possession from someone claiming a better physical or legal title.

Land + landlord/tenant> covenant of quiet enjoyment - not free of nuisance like noise, but again a superior claimant in law or in fact.



Example sentence(s):
  • Tulburări de fapt si de drept. Prin acest lucru se înţelege săvârşirea de către vânzător a unui act material prejudiciabil asupra bunului www.scribd.com/doc/27958134/Lucrare-Drept‎
  • The issues that have dominated discussion about the good title warranty concern the vitality of the quiet possession warranty
Adrian MM. (X)
Local time: 22:36
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 102
Notes to answerer
Asker: mulțumesc


Peer comments on this answer (and responses from the answerer)
agree  Manescu Alexandra
2 hrs
  -> Multumesc meg kösze!
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