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presunzione di liberalità

English translation: presumption of gifts

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13:47 Apr 29, 2008
Italian to English translations [PRO]
Law/Patents - Real Estate / Purchase Agreement
Italian term or phrase: presunzione di liberalità
In a purchase agreement for real property, the following sentence appears:

"Le parti dichiarano che tra le stesse non sussistono rapporti che possano comportare presunzione di liberalità ai sensi dell’art. 26 del Testo Unico dell'Imposta di Registro."

The underlying issue here (the Uniform Law) has to do with different rates paid for property transfers when the transferee is a relative (or isn't).

What I'm not getting is what they mean by "presunzione di liberalità".

I'm guessing it's something like "... that would make them eligbile for ..."

Thoughts? Thanks!
WendellR
Local time: 00:17
English translation:presumption of gifts
Explanation:
I believe the meaning is that "non ci sono rapporti tra le parti tali da far pensare che tra loro ci siano 'atti di liberalità' (come cita loZanichelli), ovvero non c'è nulla che faccia pensare che le parti si scambino 'doni' o atti di generosità. (read: "presunzione di ATTI DI liberalità).
Non hanno rapporti, insomma.
Selected response from:

Kristina Wolsieffer
Italy
Local time: 00:17
Grading comment
I didn't go with this translation but the explanation got me onto the right track. Basically, what's required here is not a literal translation of the term, which has no per se meaning in English, but rather a contextualization, which Kristina's response helped me to find.
3 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1presumption of liberality
Cristina intern
4presumption of advancementxxxAdrian MM.
4presumption of giftsKristina Wolsieffer
4presumption of donation
Giovanni Pizzati
3presumption of charitable assumptions
James (Jim) Davis
3presumption of a gift
Sylvia Gilbertson


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
presumption of liberality


Explanation:
;-)

Cristina intern
Austria
Local time: 00:17
Native speaker of: Native in ItalianItalian
PRO pts in category: 3
Notes to answerer
Asker: Which means what?

Asker: I'd really appreciate an explanation of "presumption of liberality", which makes no sense to me in English and which gets a big 7 hits on google.


Peer comments on this answer (and responses from the answerer)
agree  Nadia Ayoub
6 mins
  -> Thank you, Nadia!
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18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
presumption of charitable assumptions


Explanation:
Not very elegant but I'm busy. It means that if there was some kind of charitable intent, they'd get a subsidised rate. By the way, it is generally translated as a "consolidation act"

James (Jim) Davis
Seychelles
Local time: 02:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 136
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23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
presumption of donation


Explanation:
Literally

Giovanni Pizzati
Italy
Local time: 00:17
Works in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 32

Peer comments on this answer (and responses from the answerer)
neutral  Cristina intern: Literally is "presumption of liberality".
3 mins
  -> then, tell me another synonim of liberality
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42 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
presumption of a gift


Explanation:
Perhaps because there are relatives involved, they're talking about a presumption of a gift, which could affect the taxation.

--------------------------------------------------
Note added at 45 mins (2008-04-29 14:33:24 GMT)
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Oops, I misread the text, so disregard the comment about relatives. At any rate, they may be stating that they do not have relationships which would imply a gift.

Sylvia Gilbertson
United States
Local time: 17:17
Native speaker of: Native in EnglishEnglish
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
presumption of gifts


Explanation:
I believe the meaning is that "non ci sono rapporti tra le parti tali da far pensare che tra loro ci siano 'atti di liberalità' (come cita loZanichelli), ovvero non c'è nulla che faccia pensare che le parti si scambino 'doni' o atti di generosità. (read: "presunzione di ATTI DI liberalità).
Non hanno rapporti, insomma.

Kristina Wolsieffer
Italy
Local time: 00:17
Works in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 3
Grading comment
I didn't go with this translation but the explanation got me onto the right track. Basically, what's required here is not a literal translation of the term, which has no per se meaning in English, but rather a contextualization, which Kristina's response helped me to find.
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1 day33 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
presumption of advancement


Explanation:
A fancy way of saying gift, usually in a family context, and can displace a trust. On 'hotchpot' in Eng. law intestacy, such advancements have to be taken into a/c against gifts willed.

Example sentence(s):
  • In certain circumstances, however, the presumption of trust is displaced by the presumption of advancement. Where this applies, a person who wishes to ...

    Reference: http://www.kevinboone.com/lawglos_PresumptionOfAdvancement.h...
xxxAdrian MM.
Local time: 00:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 83
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