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Arrestkaution

English translation: attachment bond

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Arrestkaution
English translation:attachment bond
Entered by: Gerhard Wiesinger

23:15 Dec 27, 2012
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Arrestkaution
This relates to Swiss law:
Sample sentences:

Für die Auferlegung einer Arrestkaution ist das Arrestgericht zuständig (SchKG-Stoffel, Art. 273 N 30).

Prozessual handelt es sich bei den Begehren um Leistung einer Arrestkaution sowie um Aufhebung des Arrestbefehls.
Gerhard Wiesinger
United States
Local time: 21:33
attachment bond
Explanation:
Would be the term used in US law. Not sure about British law.

Attachment bond is a bond given by a defendant in order to have an attachment released that ensures payment of a judgment awarded to the plaintiff. It is a bond required of a plaintiff seeking an attachment, conditioned to pay the costs and damages which the defendant may sustain in the event the plaintiff loses the suit.
http://definitions.uslegal.com/a/attachment-bond/
Security
If a claimant requests an attachment, the Swiss Bankruptcy Act provides that the claimant can be asked to provide security to cover possible damages that may arise from the attachment if it turns out that the attachment was wrongfully granted. No security is generally required if the claimant bases its request on an enforceable judgment. Two decisions were recently delivered clarifying certain issues relating to security.
http://www.internationallawoffice.com/newsletters/Detail.asp...


--------------------------------------------------
Note added at 5 hrs (2012-12-28 04:20:20 GMT)
--------------------------------------------------

Die Sicherheitsleistung des Arrestgläubigers (Arrestkaution) gemäss SchKG 173 I
http://books.google.com.mx/books/about/Die_Sicherheitsleistu...
Selected response from:

Kim Metzger
Mexico
Local time: 22:33
Grading comment
Thank you
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4attachment bond
Kim Metzger
3 +3bail bond
Trudy Peters
3Replevin
Kevin Fulton
Summary of reference entries provided
Not bail
Kim Metzger

Discussion entries: 1





  

Answers


35 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
bail bond


Explanation:
maybe? Or just bail

Trudy Peters
United States
Local time: 00:33
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  Kim Metzger: Just bail, I think. Bail bond is "the document in which bail is pledged."/Oops! Bail is for people accused of a crime, but in Swiss law, Arrest is attachment of assets. See below.
6 mins
agree  Heike Holthaus: just bail
8 mins
agree  jccantrell: With Kim on this, just bail.
20 mins
neutral  Adrian MM. (X): works in BrE civil law as 'formal security to obtain a vessel's release from *arrest*'.
9 hrs
agree  gangels (X): setting of bail rests with the civil court....
1 day 16 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
attachment bond


Explanation:
Would be the term used in US law. Not sure about British law.

Attachment bond is a bond given by a defendant in order to have an attachment released that ensures payment of a judgment awarded to the plaintiff. It is a bond required of a plaintiff seeking an attachment, conditioned to pay the costs and damages which the defendant may sustain in the event the plaintiff loses the suit.
http://definitions.uslegal.com/a/attachment-bond/
Security
If a claimant requests an attachment, the Swiss Bankruptcy Act provides that the claimant can be asked to provide security to cover possible damages that may arise from the attachment if it turns out that the attachment was wrongfully granted. No security is generally required if the claimant bases its request on an enforceable judgment. Two decisions were recently delivered clarifying certain issues relating to security.
http://www.internationallawoffice.com/newsletters/Detail.asp...


--------------------------------------------------
Note added at 5 hrs (2012-12-28 04:20:20 GMT)
--------------------------------------------------

Die Sicherheitsleistung des Arrestgläubigers (Arrestkaution) gemäss SchKG 173 I
http://books.google.com.mx/books/about/Die_Sicherheitsleistu...


Kim Metzger
Mexico
Local time: 22:33
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1244
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  Trudy Peters: Can't argue with the research!
10 mins
agree  Adrian MM. (X): OK for AmE; perhaps, security for costs imposed for levy of execution in BrE
8 hrs
agree  Cetacea
13 hrs
agree  palilula (X): Agree with your research, but you rarely find the expression "attachment bond," plainly "bond" is used.
2 days 16 hrs
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5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Replevin


Explanation:
Just a possibility


    Reference: http://en.wikipedia.org/wiki/Replevin
Kevin Fulton
United States
Local time: 00:33
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
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Reference comments


56 mins
Reference: Not bail

Reference information:
The future enforcement of a monetary claim can be safeguarded with an attachment ('Arrest' in German) under Swiss law.
'Attachment' means the seizure of a debtor's assets by the authority.
http://tinyurl.com/btt4jgn

http://www.rwi.uzh.ch/lehreforschung/alphabetisch/meier/lehr...

Kim Metzger
Mexico
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1244

Peer comments on this reference comment (and responses from the reference poster)
neutral  Adrian MM. (X): bail bond does work in BrE and internat. civ. law to release a 'vessel' from arrest = seizure//Procedurally, admiralty = shipping is usually full of exceptions to the terminological rule in UK law.
9 hrs
  -> Ah, very interesting. Didn't know that.
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