cereri de încuviințare a executării silite

English translation: applications for approval of the forcible levy of execution

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Romanian term or phrase:cereri de încuviințare a executării silite
English translation:applications for approval of the forcible levy of execution
Entered by: Adrian MM.

14:21 Jul 28, 2019
Romanian to English translations [PRO]
Law/Patents - Law (general) / Sentință Civilă
Romanian term or phrase: cereri de încuviințare a executării silite
instanțele judecătorești au admis, în repetate rânduri, cererile de încuviințare a executării silite în baza unor hotărâri arbitrale parțiale.

executare silită, am găsit, că este foreclosure însă, nu găsesc nimic rapid pentru sintagma cereri de încuviințare a executării silite. ... .


Mulțumesc mult pentru ajutor!
Simona Pop
Romania
Local time: 01:57
applications to approve forced levies of execution (vs. foreclosures of mortgages or liens)
Explanation:
If executării silite is plural and, exceptionally, steps are to be taken to enforce an arbitration > în baza unor hotărâri arbitrale parțiale, then *a* writ of execution or an order for enforcement in Eng. law would be the end and not the start of the process.

Otherwise, foreclosure , narrowly in the UK, targets a mortgage of land-only in a 'mortgage repossession action' (usually started in the County Court) whereas, in the USA, it seems (to me at any rate) to be wider and can hit loans generally and liens of goodsor company shares that are then 'foreclosed on' as well as land liens (called land charges in the UK).
Selected response from:

Adrian MM.
United Kingdom
Grading comment
Mulțumesc!
4 KudoZ points were awarded for this answer



Summary of answers provided
2 +1applications to approve forced levies of execution (vs. foreclosures of mortgages or liens)
Adrian MM.
3applications for writ of execution
nlpresearcher


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
applications for writ of execution


Explanation:
Quote from Wikipedia:

A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court.

When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to take possession of money from the defendant's bank account. If the judgment debtor owns real property, the judgment creditor can record the execution to freeze the title until the execution is satisfied.

Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments.

Not all assets are subject to execution. For example, Social Security income that resides in a bank account, Individual Retirement Accounts (IRA's), unemployment income are exempt from a levy on a debtor's bank account.

Reference 1: https://en.wikipedia.org/wiki/Writ_of_execution
Reference 2: https://www.investopedia.com/terms/w/writ-of-execution.asp

Background information:

English source:
... enforcement of rights, licensing, rights in rem, levy of execution, insolvency proceedings, surrender, renewal, assignment, deferred publication or declaration of invalidity ...
source: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSL...
Romanian translation:
... exercitarea drepturilor, licențele, drepturile reale, executarea silită, procedurile de insolvență, renunțarea, reînnoirea, cesiunea, amânarea publicării sau declararea nulității ...
source: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSL...

From EUR-LEX:

English source: ... 18 Paragraph 56(1) of the Law on judicial enforcement provides that, by order, the court ordering the enforcement must exclude or, where appropriate, limit the enforcement if it finds, on the basis of authentic instruments, that the enforcement decision has been derogated from or amended by a final decision, or if a final decision has pronounced that the claim for which enforcement is sought, evidenced by an instrument to which an enforcement clause has been affixed, did not arise validly ...

Romanian translation: ... 18 Articolul 56 alineatul (1) din Legea privind executarea silită judiciară prevede că, prin ordonanță, instanța care a dispus executarea silită decide încetarea sau, după caz, limitarea executării silite dacă constată, în temeiul unor acte autentice, că o decizie definitivă a derogat de la sau a modificat decizia care urma să fie executată ori dacă printr‐o decizie definitivă s‐a constatat că creanța pentru care se solicită executarea silită, stabilită printr‐un act învestit cu formulă executorie, nu a luat naștere în mod valabil ...

nlpresearcher
Local time: 23:57
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Notes to answerer
Asker: Mulțumesc!

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6 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
applications to approve forced levies of execution (vs. foreclosures of mortgages or liens)


Explanation:
If executării silite is plural and, exceptionally, steps are to be taken to enforce an arbitration > în baza unor hotărâri arbitrale parțiale, then *a* writ of execution or an order for enforcement in Eng. law would be the end and not the start of the process.

Otherwise, foreclosure , narrowly in the UK, targets a mortgage of land-only in a 'mortgage repossession action' (usually started in the County Court) whereas, in the USA, it seems (to me at any rate) to be wider and can hit loans generally and liens of goodsor company shares that are then 'foreclosed on' as well as land liens (called land charges in the UK).

Example sentence(s):
  • Executarea silita a pactelor intre asociati in dreptul român (Forced execution of shareholders agreements according to Romanian law)

    Reference: http://eng.proz.com/kudoz/romanian-to-english/law-general/43...
    Reference: http://www.proz.com/kudoz/romanian-to-english/real-estate/49...
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 30
Grading comment
Mulțumesc!

Peer comments on this answer (and responses from the answerer)
agree  nlpresearcher: I agree.
9 mins
  -> Thanks and multmesc! Maybe it's time to diversify out writs of execution.

neutral  Peter Shortall: Just to answer your first point (I'm not commenting on your translation as such), executării silite is genitive singular, not plural
10 hrs
  -> Thanks for that. Then perhaps: to approve (forcible) levy of execution. Interesting that you are not going with the KudoZ regular of 'writ of execution'.
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