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lease interest (comments to my previous question)

German translation: Pachtnutzungsrecht

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:lease interest
German translation:Pachtnutzungsrecht
Entered by: Michaela Sommer
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01:05 Aug 4, 2001
English to German translations [PRO]
Law/Patents
English term or phrase: lease interest (comments to my previous question)
As the asker I don't seem to be able to participate in the discussion with regard to my own question (or I haven't worked out how), but thanks to everyone involved!

Although I'm pretty sure that "Pachtzins" is not what I'm looking for in this context (this means simply rent in English), I can still not decide if it should be Anteil or Nutzungsrecht. Maybe a bit more context is required in order to find the answer:

In the head lease agreement the purchase amount is defined as follows:
In consideration of the grant of the Head Lease interest, on the Closing Date the Head Lessee will be required to pay to the Head Lessor the Purchase Amount.

Further down, when it comes to defining the Lease Agreement (as you might remember from my previous question: the lease interest with respect to the head lease interest is leased back to the company, it says about "Quiet Enjoyment":
...the lessee will have the exclusive right during the lease term to use, operate, occupy and enjoy possession of the facility and the interest of the Trust herein.

Any more ideas to the above will be much appreciated!
Michaela Sommer
Local time: 06:54
Hauptintresse aus (Mietverträgen)
Explanation:
Your problem has not left me with any peace. So I have been doing some reading about "tenure" and "property" and their extended meanings in English law and custom.
Interesting is that property is divided into "realty" (including land and all in improvements made two or on the land, such as houses, which in the past were not freely disposable, tenure laws, inheritance laws) and "personalty" (not personality), which usually included all movable property. Movable property is largely defined as "freely disposable property", which has in the past not always been true of land. So in the past "fees, rents, leases, etc." were considered personalty, and are specifically referred to as an interest (in a realty), which can be bought, sold, disposed of at will, and inherited.

This roundabout explanation leads to the thought that those rights and properties, which are not a part of the ownership of realty, can be divided into a "Hauptinteresse" and a "Nebenintresse" (subsidiary interests).

I hope that this helps to clarify the problems you're having a text.
Selected response from:

Alexander Schleber
Belgium
Local time: 06:54
Grading comment
Dear Alexander, many many thanks for all your trouble! In view of your latest findings, I'm now quite certain that they're not talking about an "Anteil" here, but rather a "Nutzungsrecht", which seems to convey the word "Interesse" in a legal context. Thanks again for all your help and thanks to everybody else, too!
4 KudoZ points were awarded for this answer

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Summary of answers provided
naHauptintresse aus (Mietverträgen)
Alexander Schleber
naHauptmietvertrag
Alexander Schleber
naAndienungsrechtMartina Ley


  

Answers


2 hrs
Andienungsrecht


Explanation:
Hello,

this may be what you are looking for. Just compare your first part of the quotation with the following text:

Andienungsrecht

Bei Teilamortisations-Verträgen (Mobilien-Erlaß vom 22.12.1975 vereinnahmt der Leasing-Geber über die Leasing-Raten nur einen Teil der gesamten Anschaffungskosten des Leasing-Objekts. Der Leasing-Geber hat daher zum Ablauf des Leasing-Vertrages das Recht, dem Leasing-Nehmer das Objekt zu dem noch nicht amortisierten Restwert - wie im Leasing-Vertrag vereinbart - "anzudienen". In diesem Fall ist der Leasing-Nehmer zum Kauf verpflichtet, ohne daß er ein verbrieftes Recht hat, den Gegenstand zu erwerben. Der Leasing-Geber hat somit sowohl das Recht, das Leasing-Objekt an den Leasing-Nehmer wie auch anderweitig zu verwerten.

from: http://www.aspect-online.de/prodinfo/abc_leasing/andienungsr...

Another suggestion out of the following quote does not seem to work.
LEASE INTEREST

LEASED FEE ESTATE:

AN OWNERSHIP INTEREST HELD BY A LANDLORD WITH THE RIGHT OF USE AND OCCUPANCY CONVEYED BY LEASE TO OTHERS.

LEASE HOLD ESTATE:

THE RIGHT TO USE AN OCCUPY REAL ESTATE FOR A STATED TERM UNDER THE CONDITIONS CONVEYED IN THE LEASE.

A LEASE INTEREST RESULTS WHEN THE BUNDLE OF RIGHTS IS DIVIDED BY A LEASE.
(http://www.aeco.ttu.edu/courses/4303/lecture/notes/partial.h...

But: the ownership stays with the lessor! So, it could not be Eigentumsanteil durch Leasing
see:
zum Eigentum:
Während der Dauer eines Leasing-Vertrages bleibt die Leasing-Gesellschaft juristischer und wirtschaftlicher Eigentümer des Leasing-Gegenstandes. Mithin wirkt sich der Abschluß des Leasing-Vertrages nicht auf die Bilanz des Leasing-Nehmers aus (Bilanzneutralität, Aktivierung von Leasing-Objekten).
(http://www.globix.de/glossar.html)

So, a bit of help maybe.

Martina

Martina Ley
Local time: 06:54
Native speaker of: Native in CzechCzech
PRO pts in pair: 67
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21 hrs
Hauptmietvertrag


Explanation:
Your latest context lerads me to think that this may be the term you are looking for. I am convinced that the "words" interest has nothing to do with Zinsen, but may be interpreted simply as "Interesse", i.e. a business interest. The "head lessee" (Hauptmieter) doe shave an interest, namely the "Hauptmietvertrag", parts of which cvan be transferred to others throught "Untervermietungen".

I hope this helps a little further in this very complicated matter. I do not envy you.

Please also look at the following site - it may have soome info of interest to you.


    Reference: http://www.ksa.at/recht/mietrecht/mietrecht2.html
Alexander Schleber
Belgium
Local time: 06:54
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 1466
Login to enter a peer comment (or grade)

1 day 48 mins
Hauptintresse aus (Mietverträgen)


Explanation:
Your problem has not left me with any peace. So I have been doing some reading about "tenure" and "property" and their extended meanings in English law and custom.
Interesting is that property is divided into "realty" (including land and all in improvements made two or on the land, such as houses, which in the past were not freely disposable, tenure laws, inheritance laws) and "personalty" (not personality), which usually included all movable property. Movable property is largely defined as "freely disposable property", which has in the past not always been true of land. So in the past "fees, rents, leases, etc." were considered personalty, and are specifically referred to as an interest (in a realty), which can be bought, sold, disposed of at will, and inherited.

This roundabout explanation leads to the thought that those rights and properties, which are not a part of the ownership of realty, can be divided into a "Hauptinteresse" and a "Nebenintresse" (subsidiary interests).

I hope that this helps to clarify the problems you're having a text.



    Columbia Encyclopedia
Alexander Schleber
Belgium
Local time: 06:54
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 1466
Grading comment
Dear Alexander, many many thanks for all your trouble! In view of your latest findings, I'm now quite certain that they're not talking about an "Anteil" here, but rather a "Nutzungsrecht", which seems to convey the word "Interesse" in a legal context. Thanks again for all your help and thanks to everybody else, too!
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