債権保全

[Bobuniisan]

Anyone have a good translation for 債権保全?

Would something as simple as "credit protection" do the trick? Or
would something like "protect the bank against its exposure to losses"
be better?

Thanks in advance!

Bob Roberts

[Rika Taniguchi]

債権保全は、「preservative attachment」とすることが多いと思いますが。

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☆--------------------------☆
Rika Taniguchi（谷口　里佳）
rk-whit...@jcom.home.ne.jp
Saitama, Japan
☆--------------------------☆

[JimBreen]

On Jul 15, 11:37 pm, Rika Taniguchi <rk-whitejasm...@jcom.home.ne.jp>
wrote:
> 債権保全は、「preservative attachment」とすることが多いと思いますが。

Indeed.

As some of you know, I keep an eye on words/phrases
discussed here and add/amend entries in my
dictionary based on the discussions. (See:
http://tinyurl.com/2d4jwo4 )

When 債権保全 popped up yesterday, I
looked in Eijiro and found:

"preservative attachment; protection
of account receivables"

That second gloss is sort-of OK, but
"preservative attachment" is totally
opaque to me. I have images of something
glued to the side of a can of fruit.

I Googled for the phrase, and sure enough
it mostly appears in documents dealing
with Japanese financial matters. I think
it can be classed as 和製英語.

After reading explanations on several
WWW sites, I think Bob's "credit
protection" is a pretty good short
gloss.

Jim

[Bobuniisan]

I agree that "preservative attachment" is most definitely 和製英語.

In previously translated documents at the office I've seen this
rendered as "to protect the credit", which for some reason sounds odd
to me. Often there is some borrower who is on the verge of defaulting
so the bank moves to "protect the credit", but I think in these cases
it would be better to say that bank is protecting itself rather than
the credit, or to say that the bank moved to "enhance credit
protection" or "secure the credit".

Any thoughts on this logic?

Thanks for the help!

Bob Roberts

[Alan Siegrist]

ボブ兄さん writes:

> I agree that "preservative attachment" is most definitely 和製英語.
>
> In previously translated documents at the office I've seen this
> rendered as "to protect the credit", which for some reason sounds odd
> to me. Often there is some borrower who is on the verge of defaulting
> so the bank moves to "protect the credit", but I think in these cases
> it would be better to say that bank is protecting itself rather than
> the credit, or to say that the bank moved to "enhance credit
> protection" or "secure the credit".

I understand that "preservative attachment" is awkward but "attachment" is
in fact perfectly fine English legal jargon. According to Black's Law
Dictionary, "attachment" is defined as follows:

Attachment. The legal process of seizing another's property in accordance
with a writ or judicial order for the purpose of securing satisfaction of a
judgment yet to be rendered. The act or process of taking, apprehending, or
seizing persons or property, by virtue of a writ, summons, or other judicial
order, and bringing the same into apprehending of the court for the purpose
of securing satisfaction of the judgment ultimately to be entered in the
action. ...

In the case of a borrower about to default on a loan, 債権保全 refers to a
process by which the creditor (usually the bank) asks the court for an order
to seize any assets that were placed as collateral for the loan, in advance
of an expected decision of default. The assets are seized in advance in a
"preservative" manner to avoid the debtor selling the assets before the
final judgment and leaving the creditor with nothing.

That said, I do not know the best English legal term for this.

> > > 債権保全は、「preservative attachment」とすることが多いと思いますが。

Regards,

Alan Siegrist
Carmel, CA, USA

[Ray Roman]

Preventive attachment has some hits.

2010/7/15 Alan Siegrist <AlanFS...@comcast.net>

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Japanese to English legal translation
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[Richard Bergovoy]

Alan said:

> > In the case of a borrower about to default on a loan, 債権保全 refers to a
> > process by which the creditor (usually the bank) asks the court for an
> > order
> > to seize any assets that were placed as collateral for the loan, in advance
> > of an expected decision of default. The assets are seized in advance in a
> > "preservative" manner to avoid the debtor selling the assets before the
> > final judgment and leaving the creditor with nothing.
>
> > That said, I do not know the best English legal term for this.
>

Based on Alan's description, it sounds similar to a prejudgment
attachment under US law: http://en.wikipedia.org/wiki/Prejudgment_attachment

That said, I do not know if prejudgment attachment is a perfect
analogue to 債権保全 under Japanese law.


Richard R. Bergovoy

[Bobuniisan]

Thanks for all the help everyone.

I've decided to go with "credit protection" in the translation because
the bank is not pursuing the matter in a court. They are merely
working with the customer to gain more collateral or a guarantee. This
also seems to be consistent with the definition shown here:

http://secwords.com/%E5%82%B5%E6%A8%A9%E4%BF%9D%E5%85%A8.html

Again, thanks for the help!

Best,

Bob Roberts