Glossary entry

Romanian term or phrase:

a privilegiului vanzatorului de imobile,

English translation:

Vendor\'s privilege on immovables/property

Added to glossary by Lara Barnett
Sep 24, 2019 12:39
4 yrs ago
1 viewer *
Romanian term

a privilegiului vanzatorului de imobile,

Romanian to English Bus/Financial General / Conversation / Greetings / Letters Purchase-sale contract
What is this privilege, I cannot find much on this and I am not sure if "privilege" would be a good translation in UK English (although it may be).

Drept garantie a platii catre Vanzatoare a sumei reprezentand Pretul, la momentul semnarii Contractului, Cumparatoarea consimte la inscrierea, in favoarea Vanzatoarei, a privilegiului vanzatorului de imobile, conform art. 1737 Cod Civil. Privilegiul se va inscrie asupra Imobilelor XXX, si va garanta plata Pretului

Discussion

Liviu-Lee Roth Sep 30, 2019:
also, I would rather use ”real property” instead of immovable although both have the same meaning, but nowadays real property or real estate are used more.
Lara Barnett (asker) Sep 25, 2019:
@ Ann-Marie Thank you. I did use privilege in the end. However, although I used it I am not sure that this word would actually be used in UK Law in this way, but there will always be a usage issue between languages, no matter how accurate a translation is.
Ana-Maria Vieru Sep 25, 2019:
@ Nina and Lara It is quite similar, but it is not the same. Translating "privilegiu" as "right" is not completely accurate.
A privilege is indeed a right, but the two legal notions are not interchangeable.
A right is something inherent, fundamental (civil rights, human rights), whereas a privilege is an exclusive, special right given to a category of people (in this case property sellers). E.g. attorney-client privilege, doctor-patient privilege and so on...
The same difference between the two notions exists in Romanian. So I would recommend translating "privilegiu" as "privilege" and "drept" as "right".
Nina Iordache Sep 24, 2019:
@ Lara I am not a specialist in English Law so I cannot be sure the term is the best one, although I am sure of the meaning. The privilege though, as I saw in the link is a term o the 864 Civil Code, so I do not know what to say. We should still wait and see what other colleagues have to say if you have the time ...
Lara Barnett (asker) Sep 24, 2019:
@ Nina isn't that quite similar to what you said? I think both your answers are almost the same ,so both the correct.
Nina Iordache Sep 24, 2019:
@ Lara I think Ana-Maria is right, Lara, but we may still wait for other opinions if you wish.
Lara Barnett (asker) Sep 24, 2019:
This is the next paragraph. Is it still correct? In cazul in care, Vanzatoarea nu prezinta declaratia finala mai sus mentionata in termen de 3 zile de la data efectuarii platii integrale a Pretului, Vanzatoarea este de acord cu radierea privilegiului in baza ordineior de plata avizate de banca, acestea constituind documentele justificative ale platii integrale a Pretului.
Nina Iordache Sep 24, 2019:
@ Lara Yes, Lara, indeed: payment priority right/s
Lara Barnett (asker) Sep 24, 2019:
@ Nina Maybe "to register the Seller's "payment privilege" or "payment priority rights" ...??
Lara Barnett (asker) Sep 24, 2019:
@ Nina Yes, now I see your answer, I did not know what you meant. your dictionary definition may be correct, thank you.
Nina Iordache Sep 24, 2019:
@ Lara Then we need to wait for other colleagues to try to tackle this.
Lara Barnett (asker) Sep 24, 2019:
@ Nina But a dictionary does not help most of the time as we need to consider legal usage and also English usage.
Nina Iordache Sep 24, 2019:
@ Lara I have this in our (Romanian) Rubinian Dictionary, I hope this helps.
Lara Barnett (asker) Sep 24, 2019:
@ Nina But I am not aware of "advantages" given legally for property contracts. Do you know what these privileges are? Are they rights? This seems to be a particularity of Romanian conveyancing/property purchase.
Nina Iordache Sep 24, 2019:
Avantaj Hi Lara,

Could it be "avantaj"?

Proposed translations

+1
40 mins
Selected

Vendor's privilege on immovables/property

Information about what it means:
Art.137 Cod Civil
https://legeaz.net/cod-civil-actualizat/art-1737

I think you can safely translate it into English as vendor's privilege, based on these examples

https://www.google.ro/search?tbm=bks&hl=en&q="vendor's privi...

https://law.justia.com/codes/louisiana/2015/code-revisedstat...

Peer comment(s):

agree Nina Iordache : Desigur.
1 hr
Thank you :)
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4 KudoZ points awarded for this answer.
13 mins

the right of the seller of the immovable property

https://www.rubinian.com/dictionar_detalii.php?id=1715

Definition in the Rubinian:

Din punctul de vedere al dreptului civil, este dreptul unui creditor de a fi platit cu prioritate fata de alti creditori, datorita calitatii creantei sale.

Prin calitatea creantei intelegem cauza sau faptul juridic din care s-a nascut; persoana creditorului si obiectul creantei nu au nici o importanta.

Vezi art.1722-1745, 1780-1815 Cod Civil, si art. 409 Cod Procedura Civila.

In other words the right of a creditor to be paid sooner than others because o the quality of his claim.

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Note added at 17 mins (2019-09-24 12:56:26 GMT)
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And a link to the Articles in the Civil Code and to Article 409 in the Civil Procedure Code.
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3 hrs
Romanian term (edited): a privilegiului vanzatorului de imobile,

the lien of the seller of land (enforcing an option to sell)

Notes:

1. .. exercisable and enforceable over the proceeds of the purchase price?

2. In the UK, the contract of sale 'option' would be registered as an 'estate contract' - if the seller has reason to 'suspect' the buyer.

3. Since 1980, as opposed to the convention at the Bar, the parties of Vendor and Purchaser in the E&W Law Society's *National* Conditions for the Sale of Land (for use by Legal Executives, Solicitors, Barristers and Notaries qua 'Authorised Conveyancers' as well as by 'Licensed Conveyancers' including struck-off Solicitors?) as a discrete and separate profession) have - - turned in the latest edition of the Law Soc.'s *Standard* Conditions of Sale into the 'user-friendlier' terms of Seller and Buyer on par with the sale of goods.

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Note added at 3 hrs (2019-09-24 16:04:38 GMT)
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PS the lien in this case is a priority - rather than a privilege - registrable over the land itself, though a (US) land lien (regd. by a mortgage lender etc.) otherwise translates into a (UK) land charge.
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