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Zubehörhaftung

English translation: hier: accessory liability

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Zubehörhaftung
English translation:hier: accessory liability
Entered by: Barbara Pillmeier
Options:
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17:54 Sep 22, 2007
German to English translations [PRO]
Law/Patents - Law: Contract(s) / Leasing
German term or phrase: Zubehörhaftung
Aus einem Leasingvertrag:

xxx garantiert, dass die Gegenstände frei von Rechten Dritter sind, insbesondere frei von Eigentumsvorbehalten, der **Zubehörhaftung** aus Grundpfandrechten und von Vermieterpfandrechten.

danke schon mal für Vorschläge
Barbara Pillmeier
Germany
Local time: 22:11
free from fittings and fixture duties arising from in rem rights
Explanation:
Because of your explanation I believe this might work for you.
At first it appears that the "liability" arises from the a mortgage, but a Grundpfandrecht can also be a right in rem, which does not necessarily have to do with real property. A right in rem is a right having to do with things as opposed to a personal right.
Thus this could have to do with equipment, etc.
fittings and fixtures must be left with the real estate when a renter leaves, even if the renter installed them at his own expenses.
Selected response from:

Dr. Fred Thomson
United States
Local time: 14:11
Grading comment
I liked your solution very much, however my client insisted on "accessory liability" as simple as that...
3 KudoZ points were awarded for this answer

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Summary of answers provided
3free from fittings and fixture duties arising from in rem rights
Dr. Fred Thomson
3appurtenance liens
Astrid Elke Witte


Discussion entries: 3





  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Zubehörhaftung aus Grundpfandrechten
appurtenance liens


Explanation:
Reasoning:

According to Romain/Byrd/Thielecke:

Zubehörpfandrecht = appurtenance lien

Grundpfandrecht = lien on (real) property, mortgage

According to Black's Law Dictionary:

appurtenance = Something that belongs or is attached to something else.

Putting it all together, I still conclude "appurtenance liens" for the entire phrase.

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Note added at 13 mins (2007-09-22 18:07:49 GMT)
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Although there is the extra word "Haftung" in there, a lien or mortgage is a liability anyway, so I do not think the additional word "liability" is needed.

Astrid Elke Witte
Germany
Local time: 22:11
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 87
6 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?
Notes to answerer
Asker: Hallo Astrid - war gut Deine Richtung. Der Auftraggeber wollte letztendlich "accessory liability arising from mortgage liens"

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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
free from fittings and fixture duties arising from in rem rights


Explanation:
Because of your explanation I believe this might work for you.
At first it appears that the "liability" arises from the a mortgage, but a Grundpfandrecht can also be a right in rem, which does not necessarily have to do with real property. A right in rem is a right having to do with things as opposed to a personal right.
Thus this could have to do with equipment, etc.
fittings and fixtures must be left with the real estate when a renter leaves, even if the renter installed them at his own expenses.

Dr. Fred Thomson
United States
Local time: 14:11
Specializes in field
Native speaker of: English
PRO pts in category: 463
Grading comment
I liked your solution very much, however my client insisted on "accessory liability" as simple as that...
Notes to answerer
Asker: Hi Dr. Fred, you are wonderful! Thanks a lot for your explanation. It confirms my gut feelings to stay away from the real estate wording and keep the thing as neutral as possible. :-)

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