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Eigentumsvorbehalt

English translation: Suggestion

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11:22 Dec 6, 2004
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: Eigentumsvorbehalt
I am quite familiar with the concept of retention of title but would be grateful if someone could confirm my translation of the last sentence of this clause:

The items resulting from processing shall take the place of those subject to the retention of title rights extinguished by such processing (extended retention of title).

Eine Verarbeitung oder Umbildung der Kaufsache wird stets für X vorgenommen. Wird die Kaufsache mit anderen Gegenständen, die nicht Eigentum von Bose sind, untrennbar verarbeitet, so erwirbt X das Miteigentum an der neuen Sache im Verhältnis des Wertes der Kaufsache zu den anderen verarbeiteten Gegenständen zur Zeit der Verarbeitung. Die durch Verarbeitung entstehenden Sachen treten an Stelle des dadurch erloschenen Eigentumsvorbehaltes (verlängerter Eigentumsvorbehalt)
Carolyn Fox
United Kingdom
Local time: 17:32
English translation:Suggestion
Explanation:
Basically, you have got the right idea, but... Although no GNS, I DO know badly-written German when I see it, and this is some. The point is that you cannot extinguish the right to retention of title merely by reprocessing the goods to which title is being retained; you just transfer the "right of retention" to the resultant production in proportion, etc., etc. So how I would suggest this is approached is like this:

By such reprocessing, the right of retention of title is transferred to the resultant production by analogy* (extended right to retention of title).
* Here, the "analogy" relates to the proportionate value, as in the previous sentence.

In this case, I'd make sure you discuss the German "Wortlaut" with the customer....
Selected response from:

David Moore
Local time: 18:32
Grading comment
Thanks David.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1SuggestionDavid Moore
4lien extinguished by (Romalpa< extended lien >clause)xxxKirstyMacC
2 +1reservation of title
Kim Metzger
3 -1I read it as...gangels


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Eigentumsvorbehalt (sentence)
Suggestion


Explanation:
Basically, you have got the right idea, but... Although no GNS, I DO know badly-written German when I see it, and this is some. The point is that you cannot extinguish the right to retention of title merely by reprocessing the goods to which title is being retained; you just transfer the "right of retention" to the resultant production in proportion, etc., etc. So how I would suggest this is approached is like this:

By such reprocessing, the right of retention of title is transferred to the resultant production by analogy* (extended right to retention of title).
* Here, the "analogy" relates to the proportionate value, as in the previous sentence.

In this case, I'd make sure you discuss the German "Wortlaut" with the customer....

David Moore
Local time: 18:32
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 370
Grading comment
Thanks David.

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: I think you've summed it up nicely. I do think "processing" or even "modifying" would work for Verarbeiten. I can't say whether lien is better or whether retention or reservation is better for BE.
5 hrs
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5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
I read it as...


Explanation:
The new items created by reprocessing take the place of the thusly lapsed right of retention (extended right of retention)


Frankly, I'd call it manufacture instead of processing

gangels
Local time: 10:32
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 321

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: No, Klaus it's not manufacture. It involves making changes to items (reprocessing).
17 mins
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
lien extinguished by (Romalpa< extended lien >clause)


Explanation:
The UK Law Commission DOES refer to extended retention of title.

However, I do not believe that a retention of title, but a lien, is extinguished. If anything, a retention terminates or determines by various means.

There is also an 'extended lien' line of cases following upon the Romalpa decision:

'... example Aluminium Industrie Vaassen BV v. Romalpa Aluminium Limited ... is not a legal
instrument and that a lien could not be extended to property acquired after ...'

ProZ.Com translators are typically anti-lien in most lang. combinations, except for Bourth who cleverly introduced it in a KudoZ FR>EN answer -> 647751 though I could not spy any extension in the French version of the clause.



    Reference: http://www.sbs.ox.ac.uk/downloads/Sussman2.pdf
xxxKirstyMacC
Local time: 17:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 106
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6 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
Eigentumsvorbehalt (sentence)
reservation of title


Explanation:
This is how I've seen Eigentumsvorbehalt translated on many occasions. I defer to Counsel for a legal opinion. If in Google you type Eigentumsvorbehalt AGB English, you'll find plenty of examples of this clause translated into English.

5. Reservation of title
IXXAT reserves its title or its right of use for all supplied products until payment has been effected in full. In the event of any processing or combination of products, IXXAT shall have joint title to all new objects proportional to the value of its products (invoiced value). Pledging or transfer of title to new objects shall only be effected with the approval of IXXAT. The customer will point out to third parties such title products in case of any attachment or seizure. In the event of breaches of contract on the part of the customer, in particular delays in payment, IXXAT is entitled to recover the object delivered after a reminder has been sent and the customer is obliged to surrender it. Assertion of the reservation of title does not constitute withdrawal from the contract.
http://www.ixxat.de/english/fprofil/agb.shtml



Kim Metzger
Mexico
Local time: 11:32
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1209

Peer comments on this answer (and responses from the answerer)
agree  xxxKirstyMacC: albeit 'extended' reservation of title Googles overwhelmingly as a DE>EN trans.!
15 hrs
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