Glossary entry

English term or phrase:

poinding

Spanish translation:

Confiscar o secuestrar

Added to glossary by César Cornejo Fuster
Aug 5, 2008 07:05
16 yrs ago
English term

poinding

English to Spanish Other Transport / Transportation / Shipping ship mortgage
Default Events
10. The following are the matters referred to in clause 6.2 above:
(...)
(viii) In Scotland (in addition to the events specified in clauses (i) to (vi) above so far as applicable) the Borrower becoming notour bankrupt or suffering sequestration to be awarded of his estate or effects or a receiver or judicial factor or trustee to be appointed for any portion of his estate or effects or suffering any arrestment, charge, poinding or other diligence to be issued or levied upon the Borrower or his estate or effects or if there is exercise or threatened exercise of any landlord's hypothec.

Proposed translations

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1 hr
Selected

Confiscar o sequestrar

poind
v. Confiscar; embargar (en idioma escoces)
Peer comment(s):

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8 days
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1 hr

embargo / secuestro

poind:

to distrain



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Poinding
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[edit] Definition
Poinding (Scots law): that diligence whereby a debtor's property is carried directly to a creditor.

There are two types:

Personal - The taking of movable property (eg, wagons, livestock; but not property such as a house because it is not movable) belonging to the debtor. Plow cattle and tillage instruments cannot be included in times of labour or tilling, unless the debtor has no other movable property to satisfy the debt. Personal poinding is founded merely on an obligation to pay, all else aside. A relatively low level of diligence is sufficient to accomplish this (such as letters of horning, or a warrant granted by a sheriff or commissary).
Real - The confiscation of non-movable property (such as land) and the movable property found on it. Every debitum fundi (a debt using land as collateral) is a foundation for real poinding. It cannot be used against movable property brought onto the land by a stranger, nor against the movable property of a tenant for more than the value of the tenant's term rent. A relatively high level of diligence is necessary to accomplish this.
The definition was taken from the source. [1]

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7 hrs

agravamiento

Otra manera de decirlo.
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