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huwelijkgemeenschap

English translation: see exp. below...

21:43 Dec 16, 2002
Dutch to English translations [PRO]
Law/Patents
Dutch term or phrase: huwelijkgemeenschap
... een deelgenoot in een huwelijksgemeenschap waartoe alle aandelen in het kapitaal van de vennootschap behoren
Maria Rosich Andreu
Spain
Local time: 07:11
English translation:see exp. below...
Explanation:
You have several terms to work with here. If I had enough room on my previous peer review, I would have put it all there, so I'm blabbing it all out here.

By the looks of this, it has to do with the contract between two people when they get married.

The two partners (husband, wife, partnered couple) in joint ownership of property is called the "marital community" (huwelijksgemeenschap).

The property they own can either be owned by one, the other, or both of them. All of this combined is called the "estate" as mentioned earlier (de algehele gemeenschap van goederen)

Only the property that's shared by both of them is called the "community property" or "joint property" (de gemeenschap van goederen). For example, it's the property that has to be divided between them by a judge in the event of a divorce.

"marriage in community of property" is rather just a type of marriage where ownership of "property" so to speak(money, assets, etc) is delineated in a contract.


So:

"... een deelgenoot in een huwelijksgemeenschap waartoe alle aandelen in het kapitaal van de vennootschap behoren"

literally =

"... a partner in a marital community to which all shares in the capital of the partnership belong."

--------------------------------------------------
Note added at 2002-12-17 07:22:05 (GMT)
--------------------------------------------------

I would be inclined to think that \"the capital of the partnership\" could be condensed, but I\'m finding several documents that write it like this. For example:

=> http://weilandco.com/new/article2.html
=> http://www.ilrg.com/forms/partnership-agreement.html
=> http://rotrade.virtualave.net/founding/partnership.htm
Selected response from:

Bryan Crumpler
United States
Local time: 01:11
Grading comment
thanks everyone. I found all of your answers useful, but I award the pints to this one because it was so extensive. :)
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1marital community of property
Chris Hopley
4 +1see exp. below...
Bryan Crumpler
4community of marriage
João Carlos Pijnappel
4family trust
LouisV (X)
4(matrimonial/marital) community of property
Henk Peelen
3community of property (US)
Edith Kelly


  

Answers


3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
community of property (US)


Explanation:
communal estate (GB)

1. Schäfer
2. Eichborn

Edith Kelly
Switzerland
Local time: 07:11
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 245

Peer comments on this answer (and responses from the answerer)
neutral  jarry (X): The correct answer in my opinion is marriage in community (of property).
10 hrs
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4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
community of marriage


Explanation:
...

João Carlos Pijnappel
Local time: 02:11
Native speaker of: Portuguese
PRO pts in pair: 18

Peer comments on this answer (and responses from the answerer)
neutral  Chris Hopley: "Community of marriage" makes little sense as the phrase "huwelijksgemeenschap" is an abbreviated form of "huwelijksgemeenschap van goederen". The English equivalent is rarely if ever abbreviated.
3 hrs
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3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
marital community of property


Explanation:
"... a share in the marital community of property, of which all shares in the company form part..."

"Marital community of property" is a known concept, even in the Anglo-Saxon world of law, so I would avoid straying from this term. The term "estate" refers to the entirety of one's belongings, and could include a community of property and/or solely owned property.

-> "Community of Property - The main features of this type of marriage contract are :

In a marriage in community of property, all assets/liabilities are pooled and shared equally, irrespective of whether such assets were acquired before or during marriage, unless expressly excluded by a donor or testator.
All profits and losses are borne equally.
The husband used to enjoy marital power over his wife. This is no longer the case. The husband and wife now have joint control over the joint estate. Contract affecting the assets of the joint estate must be concluded by both parties."
http://www.spotlight.co.za/Counsellor/Types of Marriage-Comm...

-> See also the KudoZ question references below.


    Reference: http://www.proz.com/kudoz/323471
    Reference: http://www.spotlight.co.za/Counsellor/Types%20of%20Marriage-...
Chris Hopley
Netherlands
Local time: 07:11
Native speaker of: English
PRO pts in pair: 2117

Peer comments on this answer (and responses from the answerer)
agree  Jason Roberts
1 hr
neutral  Bryan Crumpler: agree, but kill the "of property". A "marital community of property" doesn't exist. It's rather a "marriage in community of property" in which the "marital community" (huwelijksgemeenschap) owns "community property" (de algehele gemeenschap van goederen)
4 hrs
neutral  Edith Kelly: You do not need the word 'marital' , see my proposal above, also in line with crumpler's comments.
5 hrs
  -> If I follow the advice of crumpler and yourself, my answer disappears....
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
family trust


Explanation:
whilst I understand the other responses in light of the meanings of 'huwelijk' and 'gemeenschap', the text talks about shares being held by a family unit and a participant (deelgenoot).
Could this be the meaning?

LouisV (X)
Australia
Local time: 15:11
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 166
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
see exp. below...


Explanation:
You have several terms to work with here. If I had enough room on my previous peer review, I would have put it all there, so I'm blabbing it all out here.

By the looks of this, it has to do with the contract between two people when they get married.

The two partners (husband, wife, partnered couple) in joint ownership of property is called the "marital community" (huwelijksgemeenschap).

The property they own can either be owned by one, the other, or both of them. All of this combined is called the "estate" as mentioned earlier (de algehele gemeenschap van goederen)

Only the property that's shared by both of them is called the "community property" or "joint property" (de gemeenschap van goederen). For example, it's the property that has to be divided between them by a judge in the event of a divorce.

"marriage in community of property" is rather just a type of marriage where ownership of "property" so to speak(money, assets, etc) is delineated in a contract.


So:

"... een deelgenoot in een huwelijksgemeenschap waartoe alle aandelen in het kapitaal van de vennootschap behoren"

literally =

"... a partner in a marital community to which all shares in the capital of the partnership belong."

--------------------------------------------------
Note added at 2002-12-17 07:22:05 (GMT)
--------------------------------------------------

I would be inclined to think that \"the capital of the partnership\" could be condensed, but I\'m finding several documents that write it like this. For example:

=> http://weilandco.com/new/article2.html
=> http://www.ilrg.com/forms/partnership-agreement.html
=> http://rotrade.virtualave.net/founding/partnership.htm


    Reference: http://stompoly.lawoffice.com/Community.htm
    Reference: http://www.missouribusiness.net/irs/publications/p55503.htm
Bryan Crumpler
United States
Local time: 01:11
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 276
Grading comment
thanks everyone. I found all of your answers useful, but I award the pints to this one because it was so extensive. :)

Peer comments on this answer (and responses from the answerer)
agree  jarry (X): The two kinds of legal relationshiop are marriage in community of property and a marriage subject to an ante-nuptual contract where some or all of the property rights between the partners are excluded or restricted.
51 mins
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1 day 23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(matrimonial/marital) community of property


Explanation:
Jurlex:
huwelijksgemeenschap = community property
deelgenoot zijn in een huwelijksgemeenschap = be a partner in a community of property
deelgenoot zijn in een huwelijksgemeenschap = be a partner in a matrimonial community of property
deelgenoot zijn in een huwelijksgemeenschap = be a partner in a marital community of property (AE)
deel uitmaken van de huwelijksgemeenschap = form part of the community property


Henk Peelen
Netherlands
Local time: 07:11
Native speaker of: Native in DutchDutch
PRO pts in pair: 756
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