Glossary entry

Dutch term or phrase:

uitwinning van faillisementen

English translation:

levy of execution on insolvency {inc. enforcement of judgment debts}

Added to glossary by Adrian MM. (X)
Jan 21, 2009 17:32
15 yrs ago
2 viewers *
Dutch term

uitwinning van faillisementen

Dutch to English Bus/Financial Insurance collection practices
This term appears in a list without any running text, but a variant is found in another sentence in the same breath as commission costs and other costs that have been incurred by the insurer vis-a-vis its client. Am I to understand this as 'execution of assets in the event of insolvency'? RSVP. Cheers, R.
Change log

Jan 27, 2009 08:23: Adrian MM. (X) Created KOG entry

Proposed translations

5 hrs
Selected

levy of execution on insolvency {inc. enforcement of judgment debts}

Roughly in line with the asker's suggested answer.

Quaere: if the uitwinning can extend to the bankruptcy dividend(s) received.

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Note added at 5 hrs (2009-01-21 22:48:50 GMT)
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Assets are not executed, but execution 'issues' or is levied against such and (judgment) debts are enforced.
Example sentence:

Uitwinning bij faillissement, schuldsanering, executoriaal en conservatoir derdenbeslag en vereffening nalatenschap, JBN 2006, 1 (Kalkman), 3 ...

www.recht.nl/vakliteratuur/aflevering.html?aflevering=4532

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3 KudoZ points awarded for this answer. Comment: "I have opted for this solution and provided my own as optional. Thanks to all for your input"
+2
1 hr

see explanation below

as 'uitwinning van' = seizure and execution against
I would tend to agree with your translation
Peer comment(s):

agree jarry (X) : A. van den Ends' Jurlex (4th edition) gives detailed solutions in a number of different contexts.
29 mins
Thanks Jarry :D
agree Kitty Brussaard : I have the impression though that 'uitwinning' refers particularly to the process that follows on 'seizure', i.e. 'execution against (the debtor's assets)'.
4 hrs
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2 hrs

attachment/sequestration

Seizure and execution are fine. Alternatives would be: Sequestration, which is the confiscation of goods once bankruptcy has been declared and is often used interchangeably with bankruptcy; attachment, which is the confiscation of land or of one's earnings also once bankruptcy has been declared and is also often used interchangeably with bankruptcy. Distraint used to be the seizure of property in order to obtain payment of a debt with or without a court order. I believe it has become illegal in the UK without a Court order since 2007 but would need to check that.
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Reference comments

3 hrs
Reference:

uitwinning

Van Dale gives the following definition:

uit·win·ning
de (v.)
(juridisch) rechtsvordering om aan iem. de eigendom, het bezit van een zaak of goed te ontnemen; het verhalen van een schuldvordering op de goederen van de schuldenaar
synoniem: evictie
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