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Eigentumsrecht in einfacher, erweiterter und verlängerter Form

English translation: ordinary reservation of title, current-account reservation and extended reservation of title

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Eigentumsrecht in einfacher, erweiterter u. verlängerter Form
English translation:ordinary reservation of title, current-account reservation and extended reservation of title
Entered by: Kim Metzger
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17:46 Oct 21, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: Eigentumsrecht in einfacher, erweiterter und verlängerter Form
Bei Weiterveräußerung sind die Auftraggeber verpflichtet, sich ihrerseits das Eigentumsrecht in einfacher, erweiterter und verlängerter Form gegen ihre Auftraggeber in rechtsgültiger Form vorzubehalten.
Kim Metzger
Mexico
Local time: 12:40
ordinary reservation of title, current-account reservation and extended reservation of title
Explanation:
Back from lunch -weiter geht's!

Now, being not too happy with the "enlarged" bit in my previous answer, I did a bit more research.

The "erweitertes Eigentumsrecht/erweiterter Eigentumsvorbehalt" is also called "Kontokorrentvorbehalt" or "Saldovorbehalt" for which various dictionaries offer the following translations:

Kontokorrentvorbehalt = extended reservation of title (Zahn) - not particularly helpful as we need to distinguish between "erweitert" and "verlängert"; current account reservation (Schäfer, adding the following explanation: Bedingung für den Eigentumserwerb durch den Käufer ist die Tilgung sämtlicher, auch künftiger Forderungen); this translation is also supported by Romain (adding the following explanation: reservation of ownership until all current liabilities have been discharged)

Saldovorbehalt = overall reservation of title (title retention until all outstanding accounts have been paid)

Now, as I mentioned before, the erweiterter and verlängerter Eigentumsvorbehalt is quite a new concept under English law and a specific and precise legal terminology (other than the rather descriptive terms suggested) has not really been established yet.

I quote from a commentary on Commercial Law in NZ: "Sellers now frequently insert in their contracts 'Romalpa clauses'. In their simple from they usually provide that the seller is to retain ownership of the goods until payment has been made [Note: einfacher Eigentumsvorbehalt]. In a more complex form, they may provide that the seller is entitled to the proceeds if the goods are sold to a sub-buyer, or to ownership of, or an interest in, new goods which might be manufactured from the goods which are the subject of the sale [Note: verlängerter Eigentumsvorbehalt] ... Where, however, the contract contains a more complex reservation of property clause which purports to extend to new goods manufactured from or incorporating the goods supplied, it may be construed by the Courts as a charge which is void for non-registration under s 104 of the Companies Act 1955."

This last bit refers to the charge (similar to "Sicherungsrecht" but not quite; kind of a security interest without possession) that distinguishes the extended reservation of title ("verlängertes Eigentumsvorbehaltsrecht") from the ordinary reservation of title ("einfaches Eigentumsvorbehaltsrecht"). Under English (and NZ) law, this requires the registration of this transaction as a registrable charge (as not to be void as against the purchaser's creditors). This registration of the Sicherungsrecht is not required under German law - evidently, when it comes to the nuts and bolts of legal principles, translations can only ever be descriptive, as the underlying concepts never fully correspond.

Another term frequently used in the UK that corresponds to the concept of "erweiterter Eigentumsvorbehalt" is the "all monies clause" or "all monies retention of title clause". Check also on the web under "Romalpa clause" and see what you find.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 07:40
Grading comment
Thank you very much, Darien, for all the research.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1ordinary reservation of title, current-account reservation and extended reservation of titleBeate Lutzebaeck
5ordinary, enlarged and extended retention of title [reservation of ownership]Beate Lutzebaeck
4reserve all property rights whether defined as absolute, expanded or extended
Dr. Fred Thomson
4shall be obligated to retain title in the form of an absolute, expanded or extended property rightBeate Boudro
3I hope this will help you...Werner George Patels, M.A., C.Tran.(ATIO)


  

Answers


21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
I hope this will help you...


Explanation:
...according to several websites and searches using various permutations, I suggest the following:

simple, broadened and extended ownership (or: title // or: property rights).

At least, it's a start to get the ideas flowing.

Werner George Patels, M.A., C.Tran.(ATIO)
Local time: 13:40
PRO pts in pair: 238
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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
shall be obligated to retain title in the form of an absolute, expanded or extended property right


Explanation:
Kim, this is another suggestion.

Just in case that you are not aware of the meaning of those terms - and maybe you'll be able to think of a better way to translate them:

"Eigentumsrecht in einfacher Form" refers to your absolute property right in the things you own entirely.

"Eigentumsrecht in erweiterter Form" pertains to reserving the property right in a specific item not only until the purchase price is fully paid but the property right in this particular item shall also expand to secure you for outstanding payments someone owes you for purchasing other items.

I found an example of a contract clause addressing this type of reservation of property rights on: www.incasoft.de/agb.html#4

"Eigentumsrecht in verlaengerter Form" or "Verlaengerter Eigentumsvorbehalt" refers to retaining title until the purchase price for the particular item has been fully paid.

Although these German terms are close to US security interests, I would not use the term "security interest" because this term might lead a US lawyer to believe that US law on secured transactions (e.g. the UCC) is applicable.



    www.incasoft.de/agb.html#4 and own professional experience
Beate Boudro
United States
Local time: 11:40
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
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17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
reserve all property rights whether defined as absolute, expanded or extended


Explanation:
Hi Kim!
This is what I would do with this problem.
Hope this helps.

Dr. Fred Thomson
United States
Local time: 11:40
Native speaker of: English
PRO pts in pair: 5861
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22 hrs   confidence: Answerer confidence 5/5
ordinary, enlarged and extended retention of title [reservation of ownership]


Explanation:
German law recognises three types of retention of title: 1) "einfacher Eigentumsvorbehalt", which means that the seller reserves title to the goods supplied until full payment of the purchase price is made by the purchaser (transfer of title is contingent upon full payment of purchase price).
I would not translate this as "absolute property right" as this term has a very specific and different meaning (unbeschränktes Eigentumsrecht) and is predominantly used in property law (Grundstücksrecht). In your text, however, the term "einfaches Eigentumsrecht/einfacher Eigentumsvorbehalt" is used to distinguish this type of Eigentumsvorbehalt from the other two types (which, incidently, have only been recognised under English law since 1976).

I fully agree with Beate's explanation of "Eigentumsrecht/Eigentumsvorbehalt in erweiterter Form", and her translation of "erweitert" = expanded sounds better than "enlarged" (although this is what Zahn offers).

However, I disagree with her explanation for "verlängerter Eigentumsvorbehalt" as this type of retention of title entails that the purchaser may sell or process (in the ordinary course of their business) the goods purchased subject to a retention of title (this is the decisive difference to "einfacher Eigentumsvorbehalt").

That should do for the time being, I could rattle on, but I'm already late for lunch - cheers from down under!

Feel free to contact me if you need more information.


    Zahn/Banking and Stock Trading
    Professional experience
Beate Lutzebaeck
New Zealand
Local time: 07:40
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
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1 day 2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
ordinary reservation of title, current-account reservation and extended reservation of title


Explanation:
Back from lunch -weiter geht's!

Now, being not too happy with the "enlarged" bit in my previous answer, I did a bit more research.

The "erweitertes Eigentumsrecht/erweiterter Eigentumsvorbehalt" is also called "Kontokorrentvorbehalt" or "Saldovorbehalt" for which various dictionaries offer the following translations:

Kontokorrentvorbehalt = extended reservation of title (Zahn) - not particularly helpful as we need to distinguish between "erweitert" and "verlängert"; current account reservation (Schäfer, adding the following explanation: Bedingung für den Eigentumserwerb durch den Käufer ist die Tilgung sämtlicher, auch künftiger Forderungen); this translation is also supported by Romain (adding the following explanation: reservation of ownership until all current liabilities have been discharged)

Saldovorbehalt = overall reservation of title (title retention until all outstanding accounts have been paid)

Now, as I mentioned before, the erweiterter and verlängerter Eigentumsvorbehalt is quite a new concept under English law and a specific and precise legal terminology (other than the rather descriptive terms suggested) has not really been established yet.

I quote from a commentary on Commercial Law in NZ: "Sellers now frequently insert in their contracts 'Romalpa clauses'. In their simple from they usually provide that the seller is to retain ownership of the goods until payment has been made [Note: einfacher Eigentumsvorbehalt]. In a more complex form, they may provide that the seller is entitled to the proceeds if the goods are sold to a sub-buyer, or to ownership of, or an interest in, new goods which might be manufactured from the goods which are the subject of the sale [Note: verlängerter Eigentumsvorbehalt] ... Where, however, the contract contains a more complex reservation of property clause which purports to extend to new goods manufactured from or incorporating the goods supplied, it may be construed by the Courts as a charge which is void for non-registration under s 104 of the Companies Act 1955."

This last bit refers to the charge (similar to "Sicherungsrecht" but not quite; kind of a security interest without possession) that distinguishes the extended reservation of title ("verlängertes Eigentumsvorbehaltsrecht") from the ordinary reservation of title ("einfaches Eigentumsvorbehaltsrecht"). Under English (and NZ) law, this requires the registration of this transaction as a registrable charge (as not to be void as against the purchaser's creditors). This registration of the Sicherungsrecht is not required under German law - evidently, when it comes to the nuts and bolts of legal principles, translations can only ever be descriptive, as the underlying concepts never fully correspond.

Another term frequently used in the UK that corresponds to the concept of "erweiterter Eigentumsvorbehalt" is the "all monies clause" or "all monies retention of title clause". Check also on the web under "Romalpa clause" and see what you find.


    Plenty given
Beate Lutzebaeck
New Zealand
Local time: 07:40
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
Thank you very much, Darien, for all the research.

Peer comments on this answer (and responses from the answerer)
agree  Werner George Patels, M.A., C.Tran.(ATIO): KudoZ and kudos to you my learned friend
19 hrs
  -> Thanx for the "learned" ... ;-)
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