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Dutch to English translations [PRO] Bus/Financial - Law: Contract(s) | | Dutch term or phrase: nagetrokken | Eigendomsvoorbehoud:
Als verkoper geen beroep kan doen op het eigendomsvoorbehoud omdat de geleverde zaken zijn vermengd, vervormd of nagetrokken, is koper verplicht de nieuw gevormde zaken aan verkoper te vergoeden in de vorm van vervangende schadevergoeding.
This is an extract from a Terms and Conditions of Purchase and Sale.
I am not sure what is meant by "nagetrokken". Can anyone help please? |
| TAFKudoZ activityQuestions: 304 ( 1 open) ( 2 without valid answers) ( 8 closed without grading) Answers: 27
| Local time: 23:17
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| | acceded | Explanation: Hi Tracy,
It means in this sense if something has joined something else to a degree that it can't be seperated again...
I'll get you some references just now
-------------------------------------------------- Note added at 9 mins (2005-02-05 19:44:14 GMT) --------------------------------------------------
Acquisition and transfer of property interests > Original acquisition > Accession
The concepts of accession, specification, and confusion all involve situations in which something new is made out of something old and that which is old belongs to two different people. In most legal systems, the owner of a cow will own the calf without regard to who owns the bull, and the owner of a field will own the plants that grow in it without regard to who owned the…
http://www.britannica.com/eb/article?tocId=28554
-------------------------------------------------- Note added at 12 mins (2005-02-05 19:47:23 GMT) --------------------------------------------------
In your example the delivered goods have joined with other goods to form a new product and can\'t be seperated aga
-------------------------------------------------- Note added at 12 mins (2005-02-05 19:47:33 GMT) --------------------------------------------------
again
-------------------------------------------------- Note added at 17 mins (2005-02-05 19:52:13 GMT) --------------------------------------------------
You are delivering a raw material for example and your contract states that you retain ownership over the material until it is paid for in full, that reservation of ownership in physical terms is frustrated if those raw materials have been used to make a product of which you are not the owner - in such situations the standard reservation of ownership clauses envisages this and makes provision for compensation instead of delivery of the raw material back to you as the seller (as performance is impossible).
-------------------------------------------------- Note added at 21 mins (2005-02-05 19:56:02 GMT) --------------------------------------------------
And just for some fun on a Saturday evening - here is where it developed from in Roman Law:
http://www.humanistictexts.org/justinian.htm#_Toc483882748
When a man makes a new object out of materials belonging to another, the question usually arises, to which of them, by natural reason, does this new object belong—to the man who made it, or to the owner of the materials ? For instance, one man may make wine, or oil, or corn, out of another man’s grapes, olives, or sheaves; or a vessel out of his gold, silver, or bronze; or mead of his wine and honey; or a plaster or eye salve out of his drugs; or cloth out of his wool; or a ship, a chest, or a chair out of his timber. After many controversies between the Siabinians and Proculians, the law has now been settled as follows, in accordance with the view of those who followed a middle course between the opinions of the two schools. If the new object can be reduced to the materials of which it was made, it belongs to the owner of the materials; if not, it belongs to the person who made it. A vessel can be melted down, and so reduced to the rude material—bronze, silver, or gold—of which it is made: but it is impossible to reconvert wine into grapes, oil into olives, or corn into sheaves, or even mead into the wine and honey of which it was compounded.
-------------------------------------------------- Note added at 22 mins (2005-02-05 19:57:22 GMT) --------------------------------------------------
in your text ....or have acceded |
| Selected response from:
Lawyer-Linguist Portugal Local time: 04:17
| Grading comment | 4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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Automatic update in 00:
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12 mins confidence:  peer agreement (net): +2 accession
Explanation: Eigendom verkregen door natrekking: property acquired by accession, is the translation my Jansonius suggests. So 'acceded to' would appear to be what you are looking for.
| xxxjarry South Africa Local time: 05:17 Specializes in field Native speaker of: English PRO pts in category: 209
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5 mins confidence:  peer agreement (net): +6 acceded
Explanation: Hi Tracy,
It means in this sense if something has joined something else to a degree that it can't be seperated again...
I'll get you some references just now
-------------------------------------------------- Note added at 9 mins (2005-02-05 19:44:14 GMT) --------------------------------------------------
Acquisition and transfer of property interests > Original acquisition > Accession
The concepts of accession, specification, and confusion all involve situations in which something new is made out of something old and that which is old belongs to two different people. In most legal systems, the owner of a cow will own the calf without regard to who owns the bull, and the owner of a field will own the plants that grow in it without regard to who owned the…
http://www.britannica.com/eb/article?tocId=28554
-------------------------------------------------- Note added at 12 mins (2005-02-05 19:47:23 GMT) --------------------------------------------------
In your example the delivered goods have joined with other goods to form a new product and can\'t be seperated aga
-------------------------------------------------- Note added at 12 mins (2005-02-05 19:47:33 GMT) --------------------------------------------------
again
-------------------------------------------------- Note added at 17 mins (2005-02-05 19:52:13 GMT) --------------------------------------------------
You are delivering a raw material for example and your contract states that you retain ownership over the material until it is paid for in full, that reservation of ownership in physical terms is frustrated if those raw materials have been used to make a product of which you are not the owner - in such situations the standard reservation of ownership clauses envisages this and makes provision for compensation instead of delivery of the raw material back to you as the seller (as performance is impossible).
-------------------------------------------------- Note added at 21 mins (2005-02-05 19:56:02 GMT) --------------------------------------------------
And just for some fun on a Saturday evening - here is where it developed from in Roman Law:
http://www.humanistictexts.org/justinian.htm#_Toc483882748
When a man makes a new object out of materials belonging to another, the question usually arises, to which of them, by natural reason, does this new object belong—to the man who made it, or to the owner of the materials ? For instance, one man may make wine, or oil, or corn, out of another man’s grapes, olives, or sheaves; or a vessel out of his gold, silver, or bronze; or mead of his wine and honey; or a plaster or eye salve out of his drugs; or cloth out of his wool; or a ship, a chest, or a chair out of his timber. After many controversies between the Siabinians and Proculians, the law has now been settled as follows, in accordance with the view of those who followed a middle course between the opinions of the two schools. If the new object can be reduced to the materials of which it was made, it belongs to the owner of the materials; if not, it belongs to the person who made it. A vessel can be melted down, and so reduced to the rude material—bronze, silver, or gold—of which it is made: but it is impossible to reconvert wine into grapes, oil into olives, or corn into sheaves, or even mead into the wine and honey of which it was compounded.
-------------------------------------------------- Note added at 22 mins (2005-02-05 19:57:22 GMT) --------------------------------------------------
in your text ....or have acceded
| Lawyer-Linguist Portugal Local time: 04:17 Specializes in field Native speaker of: English PRO pts in category: 68
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