Glossary entry

Spanish term or phrase:

cautelar de garantías fundamentales

English translation:

relief to protect fudamental (rights and) guarantees

Added to glossary by guillen
Mar 30, 2020 23:38
4 yrs ago
34 viewers *
Spanish term

cautelar de garantías fundamentales

Spanish to English Law/Patents Law (general) Chile
...presentó una cautelar de garantías fundamentales para impedir que la Fiscalía...siga realizando incautaciones en la empresa.

Discussion

philgoddard Mar 31, 2020:
Incautación is seizure or confiscation. Could it be something like habeas corpus?

Proposed translations

14 hrs
Selected

relief to protect fudamental (rights and) guarantees

In asker's specific case this may well be an injunction, but cautelar has a much wider meaning, encompassing all the remedies that the court can grant

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Note added at 20 hrs (2020-03-31 20:18:11 GMT)
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104. - SPECIFIC ISSUES 4.1. - INJUNCTIVE RELIEF IN CASES OF ENVIRONMENTAL INTEREST 4.1.1. - Introduction Injunctive relief is a key element in the protection of the right to a sound environment. This protection, due to the very nature of the matter involved, demands fast and effective procedures. In opposition to a traditionally reactive Law, which seeks to reduce or compensate a harm that is already done, the new Environmental Law should make use of legal tools that allow facing the risks before they occur (prevention principle) or foreseeing and avoiding unknown or uncertain threats (precaution principle). The access to precautionary justice in environmental matters is strongly based on these principles. In the Spanish legal system, this precautionary protection results in the adoption of the so-called precautionary measures (medidas cautelares), which consist, mainly but not solely, in the decision by the Judge or Court to temporarily suspend a contested act or disposition until a final decision is taken.



Interim and precautionary measures - Spain - european e-justice
e-justice.europa.eu › content_interim_and_precautionary_measures-7...
Jump to The procedure - Proceedings concerning parenthood, paternity and maternity: Article 768 of the LEC provides protection measures for the person ...
Missing: cautelar ‎| Must include: cautelar

sentencia cautelar | Spanish to English | Law (general)
www.proz.com › kudoz › law-general › 3938171-sentencia-cautelar
16 Jul 2010 - Sentencia cautelar: puede ser precautionary judgement?... ... Spanish to English translations [PRO] ... protective/precautionary judgment/ruling ... ("proceso cautelar" is usually a proceeding to obtain a preliminary injunction.)

providencia cautelar | Portuguese to English | Law (general)
www.proz.com › kudoz › law-general › 2565220-providencia-cautelar
Jump to injunction (proceedings) - lexisproject. Spain Local time: 07:51. Specializes in field. Native speaker of: English PRO pts in category: 11 ...

Legal Protection cover in Spain - Ibex Insurance
www.ibexinsure.com › legal-protection-summary-of-benefits
Breach of building contracts, claims against neighbours, disputes with building's co-owners committee. Criminal Defence - Protection if proceedings brought ...
Missing: cautelar ‎| Must include: cautelar

Outcome of insolvency proceedings - Uría Menéndez
www.uria.com › publicaciones › documento › UMInsolvency
PDF
1 Jan 2012 - certain important aspects of the Spanish insolvency law. The information ... there is a risk that creditors will enforce security or set-off their claims, even ... Finally, the court may decide as an interim measure (medida cautelar),.

medida cautelar judicial - English translation – Linguee
www.linguee.com › spanish-english › medida+cautelar+judicial
... sentences containing "medida cautelar judicial" – English-Spanish dictionary and search engine for ... proceedings to request from a court an interim measure.

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4 KudoZ points awarded for this answer. Comment: "Thank you. "
+1
21 mins

relief from fundamental/basic guarantees

not sure of the legalese but might work

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Note added at 1 hr (2020-03-31 01:03:12 GMT)
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petition for relief etc.
Peer comment(s):

agree Maria Gonzalez
6 mins
muchas gracias María
neutral philgoddard : Isn't it the opposite, providing guarantees rather than waiving them?
5 hrs
neutral John Rynne : I'm with Phil. Sounds like provision of guarantees, rather than waiver
6 hrs
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-1
2 hrs

precautonary of fundamental guarantees

Peer comment(s):

disagree AllegroTrans : Pure google translate and you have even mispelled it; makes zero sense in English and your ref. is irrelevant
11 hrs
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12 hrs

injunction for protection of rights

The decision-making processes of Supreme Administrative ...aca-europe.eu › seminars › 2019_Dublin › Portugal
Mar 26, 2019 - in the injunction for protection of rights, liberties and guarantees, the judge can, in case of special urgency, decide to conduct a hearing within ...

Margao Municipal Council Through ... vs Shri Pandurang ...indiankanoon.org › doc
The Court can grant injunction for protection of rights or prevention of injury according to the legal principles. Court is not supposed to issue an injunction in a ...

LawPavilion Electronic Law Report (LPELR) - CHIEF R. A. ...www.lawpavilionpersonal.com › newfulllawreport
... Court thinks it convenient, but mean that the Court should grant an injunction for protection of rights or the prevention of injury according to legal principles (M).
Peer comment(s):

neutral AllegroTrans : are all such orders injunctions?
2 hrs
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12 hrs
Spanish term (edited): (medida) cautelar de garantías fundamentales

a temporary restraining injunction enforcing basic (constitutionally) guaranteed rights

una cautelar = medida cautelar / anti-distraint or relief from forfeiture in this case.

Cautelar as an adj. > preventive or precautionary (West)

I agree with Phil's discussion entry and John R's comment: an injunction to stop and restrain a *walking possession* or distraint order by the tax authorities.

Note that an injunction is not always an obvious US remedy by virtue of the First Free Speech Amendment to the Constitution.

In E&W, the County & High Court has inherent jurisdiction to stop these shenanigans perpetrated by the authorities of any guise, revenue or the National Statistics Office.
Peer comment(s):

neutral AllegroTrans : are all such orders injunctions?
1 hr
una medida cautelar could also be an interlocutory order, whilst I have tried to pinpoint to a prohibitive = restraining vs. mandatory = *must-do* injunction ..... or order. English legal system, 1st-year law degree.
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