Sep 25, 2016 11:28
8 yrs ago
11 viewers *
Portuguese term

Possuidor precario

Portuguese to English Other Law (general) Court
"O requerido configura um mero possuidor por exercer a detenção do pela tolerância do titular do direito"

Possuidor precário seria "possuir ilegal".
Proposed translations (English)
4 Precarious owner
3 Holder at sufferance

Discussion

Douglas Bissell Sep 25, 2016:
@Adrian, Very good! and quite clearly written. How this translates into Mozambican law I have no idea, supposing that since the question is from Mozambique is is a local question, but that is way too much to assume these days.
Adrian MM. (X) Sep 25, 2016:
Sitting, squatting & trespassing A sitting tenant and squatter may become a trespasser only if the landowners withdraw their permission for the latters to stay on the land. In the case of a squatter, the squat may be an abandoned building and the owner may be either dead or not even know that the property is being squatted.

Criminal trespass in the UK usually applies to 'travellers' moving on to, messing or smashing up land and buildings. Then the police can get involved.
Douglas Bissell Sep 25, 2016:
@Adrian, sitting tenant sounds a good term here, 'holder at sufferance' may be the core correct legal term. depending on the actual context the asker can choose
Adrian MM. (X) Sep 25, 2016:
Squatter's vs. sitting tenant's rights As intimated, Douglas, (unwashed) squatter's (adverse possessory = *no contractual*) rights need to be contrasted with and distinguished from the 'rights' of a *contractual* sitting tenant holding over at the end of a legit. tenancy.

There is a well-known, UN translator's Spanish-English glossary that shall remain nameless and also mixes up the two, namely a 'precarista' as a sitting tenant becomes a 'squatter' - even though, from my experience, angry UK landlords & landladies claim there is no difference. But the spectre of defamation may also rear its ugly head ....
Douglas Bissell Sep 25, 2016:
Are we talking about housing or other property, because if it is property, you may be talking about squatters' rights
Daniel Pimentel Sep 25, 2016:
Possuidor precário não se refere a "possuir ilegalmente", acredito que seja alguém que esteja alugando um apartamento ou casa, essa pessoa seria o possuidor precário do imóvel em questão

Proposed translations

1 hr
Selected

Precarious owner

http://www.dictionary.com/browse/precarious

https://www.dicio.com.br/precario/

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Note added at 1 hora (2016-09-25 12:40:24 GMT)
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http://legal-dictionary.thefreedictionary.com/Precarious rig...
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3 hrs

Holder at sufferance

(Land) sitting (holdover) tenant; (goods > 'depsoitary') bailee

A sitting tenant is one holding over under a tenancy vs. a squatter with no title to the land in the first place cf. adverse possession in the 2nd example sentence.
Example sentence:

An estate at Sufferance, is where one comes into possession of land by lawful title, but keeps it afterwards without any title at all.

A method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for the period prescribed by state law. Personal Property may also be acquired by adverse possession.

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