Oct 31, 2008 01:55
15 yrs ago
8 viewers *
French term

saisine in rem

French to English Law/Patents Law (general)
Une seconde procédure était initiée par le Gouvernement américain complétant la première afin de saisine in rem sur l'intégralité du "X Account".

Discussion

MatthewLaSon Oct 31, 2008:
See this link The court had jurisidiction in rem in the initial proceedings. In other words, it has possession over these assets. It wasn't "in personam."

See this short explanation in the link below.

http://books.google.com/books?id=G-FAaDprin4C&pg=PA49&lpg=PA...
Jeanne Zang (asker) Oct 31, 2008:
more context The court had ordered a temporary freeze on these assets prior to this second proceeding.
AllegroTrans Oct 31, 2008:
Some more context would help here. What sort of procedures are these? Is this about the Government freezing someone's assets? Can we have some more of the text please?
Ellen Kraus Oct 31, 2008:
since the French term <saisins has two different meanings>, i.e. a) seizure and b) taking possession, it is moot point to submit a translation not knowing more details.

Proposed translations

1 hr

take (automatic) possession of (a property)

Declined
Saisine historically is the right of an heir to take possession of a deceased's property without formalities, ie, simply by dint of the person's death. You'll need to decide if this makes sense in terms of your source context.
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2 hrs

first proceedings with jurisdiction in rem

Declined
Hello,

Doesn't "saisine" mean "jurisdiction" here? But, it's more in the sense of "proceedings with jurisdiction in rem"? No?

"In rem" is explained in my links below.

For your information, "était initiée" is in the "imparfait narratif" (just translated by the simple past in English, though).

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Note added at 2 hrs (2008-10-31 04:53:24 GMT)
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"initial proceedings" is better, I'd say.
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16 hrs

interim freezing order

Declined
Sounds like this is an interim order (i.e. made pending a further hearing) although it could perhaps translate as an injunction
WEB RESULTSCayman Islands, Offshore, Freezing Orders - Walkers - 02/06/2008 09:00 ...
... the claimant may apply for an interim freezing order before issuing a Claim Form. ... in obtaining an interim freezing order will invariably be required ...
www.mondaq.com/article.asp?articleid=61058 - Cached
Director of Assets Recovery Agency v Creaven and others
The WLR Daily, a free 24 hour service from ICLR bringing you the most important case summaries from the House of Lords, ... an interim freezing order the ...
www.lawreports.co.uk/WLRD/2005/QBD/nov0.1.htm - Cached
ETI Euro Telecom International NV v Republic of Bolivia and another ...
... application for interim freezing order in aid of arbitration proceedings ... which the claimant had sought interim freezing order pursuant to s 25 of the ...
www.lawreports.co.uk/WLRD/2008/CACiv/jul2.3.htm - Cached
[DOC] 3sb.law.co.uk/admin/seminars/seminarpaper.2007-02-22.4893953748/DownloadPDF
36k - Microsoft Word - View as html
The liquidator of a South African company obtained a freezing order in England ... misrepresentation, etc. An interim freezing order was granted, and Peter ...
3sb.law.co.uk/admin/seminars/seminarpaper.2007-02-22.4893953748/Dow...
33 Bedford Row - Members - John Law
Find us at : 33 Bedford Row, London, WC1R 4JH, Telephone: 020 7242 6476, Fax: ... 16 - release of funds from interim freezing order to meet legal expenses in ...
www.33bedfordrow.co.uk/members/jlaw.php - Cached
elexica: Newsletters: FMLB November 2005
elexica, the award-winning, free online legal resource from leading international law firm Simmons & Simmons, ... Proceeds of Crime - Interim Freezing Order ...
www.elexica.com/newsletter.aspx?cat=54&id=603 - 105k - Cached
CAB takes first step in bid to dismantle Slab's empire - National News ...
ann o'loughlin and tom brady the criminal assets bureau (cab) has taken the first step in its bid to dismantle the ... an interim freezing order was ...
independent.ie/national-news/cab-takes-first-step-in-bid-to-dismant... - 58k
elexica: Newsletters: FMLB March 2003
elexica, the award-winning, free online legal resource from leading international law firm Simmons & Simmons, offers ... of the interim freezing order. ...
www.elexica.com/newsletter.aspx?cat=54&id=193 - 65k - Cached
ARA SECURES SETTLEMENT OF OVER £107,000 FROM BLACKMAILER
ARA SECURES A SETTLEMENT OF OVER £107,000 FROM BLACKMAILER The Assets Recovery Agency (ARA) was granted a Civil ... an Interim Freezing Order on 22 ...
assetsrecovery.gov.uk/MediaCentre/PressReleases/2007/... - Cached
[PDF] Kastner v Jason [2004] APP.L.R. 12/02
165k - Adobe PDF - View as html
... to grant an interim freezing order, then the arbitration ... an interim freezing order, prior to judgment or award, does not provide a security interest. ...
nadr.co.uk/articles/published/.../Kastner v Jason No2 2004.pdf
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5196 days

referral on the basis of the facts of the case

I don't think these answers are right. This is what I have tentatively worked out from a couple of explanations.

It seems that this refers either to scope of action in the initial investigatory stage of a case, under the direction of the investigating judge, or to a case being heard by a tribunal correctionnel. But the scope might be wider.

Basically it contrasts with saisine in personam: this would mean that referral to this judge was made on the basis of the judge being a given person, rather than on one of certain facts.

These pages may provide some enlightenment:
https://ems-avocats.fr/qualification-penale-juge-instruction...
https://www.cabinetaci.com/juge-dinstruction-definition-role...

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