Glossary entry

Portuguese term or phrase:

"Alienação Fiduciária em Garantia"

English translation:

Conditional Sale; (otherwise) grant of an equitable charge

Added to glossary by Irene Berlin
Feb 8, 2008 20:07
16 yrs ago
61 viewers *
Portuguese term

"Alienação Fiduciária em Garantia"

Portuguese to English Law/Patents Law: Contract(s) Purchase and Sale of Property
I would like to know the best translation into English for "alienação fiduciária em garantia". Is the term "trust receipt" appropriate? In this case, how should I say "alienar fiduciariamente uma propriedade em garantia?
Thanks in advance for your help!!!

Discussion

Irene Berlin (asker) Feb 9, 2008:
P.S. P.S. The seller is a limited liability company and the buyer is a corporation.
Irene Berlin (asker) Feb 9, 2008:
Clarification Hello Tom, thank you very much for your kind response!! This deals with real estate properties that are being sold on condition that if the buyer fails to pay all installments, the ownership of the properties will be reverted, or will remain with their original owner (the seller).
Adrian MM. (X) Feb 9, 2008:
Pls. clarify: 1. made by a private indvidual, partnership or co. and 2. if the target-property is either a movable asset or land.

Proposed translations

15 hrs
Selected

Conditional Sale; (otherwise) grant of an equitable charge

Thx. for the explanation. Literally it is a conveyance in trust as collateral security and is known in the UK, for chattel mortgages, as a Conditional Bill of Sale by way of Mortgage i.e. of a motor car.

'Equitable Charge
......
An equitable charge is also a *non-possessory* form of security, and the beneficiary of the charge (the chargee) does not need to retain possession of the charged property.

Where security equivalent to an equitable charge is given by a natural person (as opposed to a corporate entity) it is usually expressed to be a *bill of sale*, and is regulated under applicable bills of sale legislation. Difficulties with the Bills of Sale Acts in Ireland, England and Wales have made it virtually impossible for individuals to create floating charges.'

Example sentence:

A conditional sale is where the agreement between a buyer and seller for the transfer of ownership is made subject to a contingent situation being satisfied ...

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4 KudoZ points awarded for this answer. Comment: "I agree!!!!! Many thanks to Tom and Mike for your time and efforts to help me!!!"
31 mins

chattel mortgage as a guaranty (security, surety)

Mike :)

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Note added at 32 mins (2008-02-08 20:39:08 GMT)
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Noronha. Dicionário jurídico.

"alienação fiduciária: chattel mortgage"
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