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  3. Law: Taxation & Customs

ARREMATAÇÃO EMBARGADA

English translation: Stay of Auction

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:ARREMATAÇÃO EMBARGADA
English translation:Stay of Auction
Entered by: T o b i a s

01:07 Jun 13, 2011
Portuguese to English translations [PRO]
Law/Patents - Law: Taxation & Customs / keywords
Portuguese term or phrase: ARREMATAÇÃO EMBARGADA
TRIBUTÁRIO. EXECUÇÃO FISCAL. ARREMATAÇÃO EMBARGADA. SUBSTITUIÇÃO DO PAGAMENTO EM DINHEIRO POR FIANÇA BANCÁRIA. APLICAÇÃO ANALÓGICA DO ARTIGO 15, I DA LEI Nº 6.830/80. POSSIBILIDADE.
1. "O art. 15, I, da Lei 6.830/80 confere à fiança bancária o mesmo status do depósito em dinheiro, para efeitos de substituição de penhora, sendo, portanto, instrumento suficiente para garantia do executivo fiscal". (REsp 660.288/RJ, Rel. Min. Eliana Calmon, DJU de 10.10.05).
2. Somente a Fazenda Pública ou o executado poderão requerer a substituição da penhora, mas nunca o depositário (art. 15, I da LEF).

Anyone? TIA
T o b i a s
Auction stayed (by bank guarantee)
Explanation:
The embargo/stay is the automatic effect of the posting of a bank guaranteee/bond. There is no injunction application. The penhora, which can lead to an auction, is merely replaced by another type of security for the tax debt.

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Note added at 4 hrs (2011-06-13 05:40:21 GMT)
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Stay means parar, suspender.
Selected response from:

Mark Robertson
Local time: 14:39
Grading comment
This seems to fit, especially since the case does not even involve an auction per se, just the theoretical possibility of one.
4 KudoZ points were awarded for this answer



Summary of answers provided
4ejoined/barred buying in
Michael Powers (PhD)
4auction stopped by an injunction
Gilmar Fernandes
4Auction stayed (by bank guarantee)
Mark Robertson


  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
ejoined/barred buying in


Explanation:
Chaves de Mello. Dicionário jurídico.

Mike

Michael Powers (PhD)
United States
Local time: 09:39
Native speaker of: English
PRO pts in category: 72
Login to enter a peer comment (or grade)

24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
auction stopped by an injunction


Explanation:
or INJUNCTIONED AUCTION

http://www.websters-dictionary-online.org/definitions/arrema...

http://www.google.com/#hl=en&sugexp=ldymls&pq="auction injuc...


Gilmar Fernandes
United States
Local time: 09:39
Specializes in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 68
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Auction stayed (by bank guarantee)


Explanation:
The embargo/stay is the automatic effect of the posting of a bank guaranteee/bond. There is no injunction application. The penhora, which can lead to an auction, is merely replaced by another type of security for the tax debt.

--------------------------------------------------
Note added at 4 hrs (2011-06-13 05:40:21 GMT)
--------------------------------------------------

Stay means parar, suspender.

Mark Robertson
Local time: 14:39
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 78
Grading comment
This seems to fit, especially since the case does not even involve an auction per se, just the theoretical possibility of one.
Login to enter a peer comment (or grade)



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