One doubt that afflicts translators and lawyers working with the English language is the technical meaning of the term security in the various areas of law. We now come to the corporate law context, where securities or securities are securities, securities that are securities linked to the share capital of the issuing company and that are generally traded on stock exchanges or over-the-counter markets, which are securities markets whose transactions are not supervised by a self-regulatory company. We observe the following equivalences: We note that security is common in both the law of obligations and corporate law. These may include guarantees, guarantees, securities and, in the latter case, the highly representative proportion of capital, equity or bonds. When we introduce the concept in our planning, we remind you that in Brazilian law there are two types of guarantees: the real guarantee and the fiduciary guarantee, also called personal. First, something (res, origin of the word real) is offered or even given to the creditor as security for payment by the debtor. In the second, when the guarantee is personal, there is no attachment to an asset that secures the debt; In this case, the person – usually a third party – who becomes liable for debts with his personal property. Wow, Ulysses, what a shock! At first, I thought you were going to become a legal translator. Then I saw that it was Marina`s thing and the horror continued. Great marina, great article.
Congratulations. Log in or register (free and only takes a few minutes) to participate in this question. the moral principles or accepted norms of a person or group It is no coincidence that it is precisely from this meaning that one of your technical senses derives from it, that of the right to obligation: real guarantee or guarantee. Marina, you put your finger on the problem! Congratulations Fernanda Translate texts anywhere on your computer with just one click Our values include a great respect for honesty and openness. The lost papers had little monetary value, but were extremely important to my client. Readers should ask themselves where the collateral term comes into play. Guarantees, among other meanings that have nothing to do with the right of security in rem, are synonymous with security interests. In fact, it comes from the term security, which means real guarantee.
In this context, I pose here a challenge, the answer to which will come in our next post: Why is it important to know the origin of the legal text in English that brings the word bylaw? Thank you, Fernanda. I am all the more grateful to come from an expert like you! Examples of real security in our legal system are lien, which is effected by the supply of movable property (movable property) offered to the creditor as security; and mortgage, in which the immovable property (immovable; Real estate) offered as collateral, a charge or a heavy weight (lien, load or charge) falls, which is why its owner can not dispose of it, under penalty of fraud against the creditor. Both refer to the term security, which means “real security”. Results: 164. Exactly: 164. Response time: 157 ms. Another type of warranty is personal or reliable. In this case, there is no link of a specific asset with the payment of the debt. The person, a third party who is not the principal debtor, is the one who is obliged. Two examples of personal sureties under Brazilian law are the surety (guarantee) and the guarantee (deposit obligation).
If the principal debtor does not pay the creditor against surety, he may appeal against the guarantor, who has a subsidiary obligation to pay the debt. In the takeover, the creditor is considered a co-debtor vis-à-vis the principal debtor and the creditor has the right to incriminate each other. This means that the guarantor does not benefit from the so-called secondary liability benefit, which protects the guarantor. I mean, the guarantor only pays if the principal debtor doesn`t. This type of guarantee corresponds to the sorded guarantee of the common law system. Context is the buzzword when it comes to the specific meaning of a term that allows more than one meaning in the same scientific field. Hence the rule that research must start from context. Impressive! Congratulations, Marina, extremely hard and always didactic article. Congratulations also to Tecla Sap for having employees of this caliber. ALL RIGHT? Thanks for the comment. A compliment like this from you means a lot to the blog and also to Marina. Thank you! the amount of money something is worth (= what could be paid for it) For this guarantee, U.S.
law is called security interest. With this new section, the site has collected even more points with me (if it were possible!). I am learning English, and if I break, I always get a review of Lady Law. If it gets better, it ruins it! I say of the impression Marina gets when she writes about these topics, what I say about the PFCS: I already knew it! Congratulations, Marina, congratulations, Ulysses (but his passport has owners, right?) In practice, everything becomes clearer when we try to “translate” expressions by establishing equivalences in both languages and in both systems, always respecting the concepts underlying the terms. Let`s look at a few examples. Common short expressions: 1-400, 401-800, 801-1200 E For those who prefer to “guarantee” themselves before venturing into a guess, I suggest you always consult monolingual legal dictionaries in Portuguese and English, since there are many conceptual implications that a term can admit. ALL RIGHT? I agree only with the first part of the text. 😉 Final reminder: The common law legal system is applied in several countries whose official language is English. Therefore, try to find out in which country or legal system appears the text in which the term you are looking for appears before giving it meaning. You`ll also have access to many other tools and opportunities designed for those who have (or are passionate about) language-related jobs. Participation is free and the site has a strict privacy policy.
Security – security, security or real guarantee? Danilo, it is with great satisfaction and joy that I accept your generous compliment. Thank you very much. Big hug, Marina.