Glossary entry (derived from question below)
English term or phrase:
abuse pf process
Romanian translation:
abuz de drept
Added to glossary by
Cristina Moldovan do Amaral
Jul 13, 2004 22:06
19 yrs ago
5 viewers *
English term
abuse pf process
English to Romanian
Law/Patents
Law (general)
Din nefericire, nu am nici un context. Mi se cere doar definitia acestui termen juridic.
Proposed translations
(Romanian)
3 | proces intentat din sicana | Cristina Moldovan do Amaral |
5 +2 | abuz de drept | Bogdan Burghelea |
Proposed translations
14 mins
English term (edited):
abuse of process
Selected
proces intentat din sicana
Abuse of process
Abuse of process is a common law intentional tort. It is to be distinguished from malicious prosecution another type of tort that involves misuse of the public right of access to the courts.
The elements of a valid cause of action of abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. The person bringing the suit is only interested in accomplishing some improper purpose that is collateral to the object of the process and which offends justice such as unjustified arrests, criminal procecutions, subpoenas to testify, attachments to property, executions on property, garnishments and other provisional remedies can be considered to be capable of abuse.
Abuse of process is a common law intentional tort. It is to be distinguished from malicious prosecution another type of tort that involves misuse of the public right of access to the courts.
The elements of a valid cause of action of abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. The person bringing the suit is only interested in accomplishing some improper purpose that is collateral to the object of the process and which offends justice such as unjustified arrests, criminal procecutions, subpoenas to testify, attachments to property, executions on property, garnishments and other provisional remedies can be considered to be capable of abuse.
4 KudoZ points awarded for this answer.
Comment: "multumesc"
+2
10 hrs
abuz de drept
sau "proces intentat cu rea credinta"
Peer comment(s):
agree |
Cristina Butas
6 mins
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agree |
Cristina Moldovan do Amaral
: da, asa suna mult mai bine. ( vezi ca nu ma supar cand primesc 'disagree'). Din pacate intrebarea a fost notata imediat dupa ce am raspuns....
3 hrs
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eu nu am dat "disagree", ci doar un comentariu neutru... in ceea ce priveste dictionarul, nici eu nu sint prea incitat de ceea ce se gaseste pe piata in momentul de fata (am un proiect de glosar/dictionar juridic ro-en-de)
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