Zubehörhaftung

English translation: hier: accessory liability

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Zubehörhaftung
English translation:hier: accessory liability
Entered by: Barbara Pillmeier

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: 02:18
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: 18:18
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



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


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: 02:18
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: 18:18
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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