cautio
cautio — 名詞
1. A deal, either spoken or written down, in which one person or organisation promi
擔保；保證
承諾補償他人損失的協議
A deal, either spoken or written down, in which one person or organisation promises to cover another party's financial losses or damages if something goes wrong.
Before the contractor started work, the developer asked for a cautio to cover any potential losses from delays.
承包商開工前，開發商要求一份擔保，以因應延誤可能造成的損失。
cautio + to-infinitive for covering losses
The supplier signed a cautio promising to repay the advance payment if the goods were not delivered on time.
供應商簽署了一份保證書，承諾若未按時交貨則退還預付款項。
cautio + participial phrase promising
An oral cautio may be valid under certain legal systems, but written documents are far easier to enforce in court.
口頭保證在某些法律制度下可能有效，但書面文件在法庭上更容易執行。
Mrs. Kowalski refused to proceed without a proper cautio from the bank guaranteeing her savings against fraud.
Kowalski 太太堅持銀行必須提供正當擔保，保障她的存款不受詐騙，否則不願繼續交易。
- guaranty
A close synonym, used especially in US commercial law for a written promise to pay someone's debt.
- indemnity
Focuses on compensation after a loss has happened, rather than a preventive guarantee.
- surety
Common in legal contexts when a third party takes responsibility for someone else's obligation.
文法句型
cautio + to-infinitive (e.g. cautio to indemnify)
cautio + that-clause
用法筆記
Typically found in formal contracts and legal documents rather than everyday conversation. The written form is almost always preferred for enforceability.
常見錯誤
2. A formal document that serves as proof that money was received, a promise was ma
收據；憑證
證明收款或確認事項的文件
A formal document that serves as proof that money was received, a promise was made, or a particular situation existed at a given time.
After paying the deposit, Amara received a cautio from the landlord confirming the amount and the date of payment.
Amara 支付訂金後，收到房東開立的收據，載明金額與付款日期。
cautio of receipt — confirms payment
Each member of the committee signed a cautio acknowledging that they had read the confidentiality agreement.
委員會每位成員都簽署了一份確認書，表明已閱讀保密協議。
cautio acknowledging [action]
The old cautio found in the library archives proved that the university had owned the manuscript since 1823.
圖書館檔案中發現的舊憑證顯示，該大學自 1823 年起便擁有那份手稿。
A simple handwritten cautio can serve as valid proof of a loan between family members in many jurisdictions.
在許多司法管轄區，簡單的手寫收據即可作為親友間借款的有效證明。
- receipt
More common in everyday usage; narrower because it specifically confirms payment rather than any fact or promise.
- acknowledgment
Slightly broader than cautio; any formal admission of a fact, not just in legal documents.
文法句型
cautio of + noun (e.g. cautio of receipt)
cautio that + clause
用法筆記
Distinguish from sense 1: this sense emphasises written evidence or acknowledgment rather than a promise to cover losses. The document itself is the focus, not the protection it offers.
常見錯誤
3. A legal arrangement in which someone offers property or a valuable item as a gua
質押；抵押
以財產擔保債務的協議
A legal arrangement in which someone offers property or a valuable item as a guarantee that a debt, duty, or financial obligation will be fulfilled.
A shop owner put up her store as a cautio for a bank loan to buy new equipment.
一位店主將店面作為銀行貸款的擔保品，以購買新設備。
cautio for a loan — property as security
Under the terms of the mortgage, the house itself served as a cautio until the full amount was repaid.
根據抵押條款，該房屋本身即作為擔保，直到全額還清為止。
cautio by mortgage
Diego offered his father's antique watch collection as a cautio for the short-term borrowing from the pawnbroker.
Diego 將父親的古董手錶收藏作為短期借貸的質押品交給當鋪。
The court required land titles as a cautio before releasing the frozen assets.
法院要求以土地所有權作為擔保，才同意解除凍結的資產。
- pledge
More specific — implies physical delivery of the item as security, whereas cautio may include mortgages where the owner stays in possession.
- mortgage
Limited to real estate; cautio covers a broader range of assets.
- collateral
Refers to the asset itself rather than the agreement; a cautio is the agreement that designates the collateral.
文法句型
cautio for + noun (e.g. cautio for a loan)
cautio by + noun (e.g. cautio by mortgage)
用法筆記
Frequently appears in banking and property law. The asset offered as cautio is called the collateral and can be seized if the debtor fails to pay.
常見錯誤
4. A legally binding promise, typically required by a court, that someone must prot
訴訟擔保
法院命令的損失保證
A legally binding promise, typically required by a court, that someone must protect another person from future loss or harm, or must see that a payment or duty is completed.
The judge ordered the defendant to post a cautio protecting the plaintiff during the appeal.
法官命令被告提供訴訟擔保，在上訴期間保護原告的權益。
cautio protecting [person] from [harm] — court-ordered
Before granting bail, the magistrate demanded a cautio from the guarantor for the full fine amount.
在批准保釋之前，治安法官要求保證人提供擔保，涵蓋可能罰款的全部金額。
cautio covering an amount
Fatima's lawyers argued that the court's cautio was far larger than any realistic loss.
Fatima 的律師主張，法院的擔保金額遠超過任何實際損失。
A temporary cautio was issued by the magistrate to protect the elderly tenant while the eviction case was reviewed.
治安法官發布了臨時擔保令，在審理驅逐案件期間保護年長房客的權益。
- surety
Often used interchangeably in criminal bail contexts, though surety focuses on the person giving the guarantee.
- bail bond
Narrower in scope — only applies to criminal release; cautio covers civil obligations as well.
- recognizance
A specific type of court-ordered promise without monetary deposit; cautio usually involves a financial stake.
文法句型
cautio imposed by + noun
cautio to + infinitive
用法筆記
Common in procedural law, especially bail hearings and civil protection orders. The person giving the cautio (the guarantor) may be a third party, not necessarily the person under obligation.