Direito Comum

English translation: share/interest in a jointly-owned thing or right

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:Direito Comum
English translation:share/interest in a jointly-owned thing or right
Entered by: Mark Robertson

12:32 Jul 23, 2019
Portuguese to English translations [PRO]
Law/Patents - Real Estate
Portuguese term or phrase: Direito Comum
Context "É também susceptível de hipoteca a quota de coisa ou direito comum." part of the Portuguese Civil Code. I'm not really sure how to translate "direito comum" here. Obviously, it's not common law, but rather refers to a right of some kind that can be mortgaged. Can I simply say 'a right thereto' (or similar) or is there a specific term? Answers in a UK context please. Thanks!
Timothy Came
Brazil
Local time: 03:43
share/interest in a jointly-owned thing or right
Explanation:
Art. 698(1) do Código Civil Português

Selected response from:

Mark Robertson
Local time: 07:43
Grading comment
Great stuff! Thanks, Mark.
4 KudoZ points were awarded for this answer



Summary of answers provided
4share/interest in a jointly-owned thing or right
Mark Robertson
3(gen.) joint interest; (E&W) joint tenancy
Adrian MM.


Discussion entries: 1





  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Quota de Coisa ou Direito Comum - in this context
share/interest in a jointly-owned thing or right


Explanation:
Art. 698(1) do Código Civil Português



Mark Robertson
Local time: 07:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48
Grading comment
Great stuff! Thanks, Mark.
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
(gen.) joint interest; (E&W) joint tenancy


Explanation:
Button - to post the answer - inadvertently hit last time round after the common interest semi-colon ;

1. Common Law is a false friend ad inter alia means English/ British Common(wealth) as opposed to Roman civil or criminal law e.g. a Common Law vs. criminal pracrtice. The routine translation is general, ordinary or existing law (droit commun/ FHS Bridge's FR/EN glossary).

2. UK has various legal systems, incl. England & Wales, the Isle of Man and Scots civil, Roman derivative law. Arguably, a Scots law common interest - see Mark R's discussion entry - does *not* fit the 'mortgageable' (Scots: standard security) bill here:' the right in a piece of property with others, not amounting to a form of ownership. It is to be distinguished from COMMON PROPERTY.'

3. Joint tenancy means joint vs. separate ownership (tenancy-in-common), *not only of land, but also of bank accounts*.

4. an 'interest in common' is ambiguous and could denote shared hobbies

Example sentence(s):
  • joint interest An interest that is acquired at the same time and by the same title as another person’s. See joint tenancy under TENANCY.
  • A joint tenancy: a type of ownership of *Real or Personal Property* by two or more persons in which each owns an undivided interest in the whole.

    Reference: http://www.legal-lingo.net/joint-interest-3/
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
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