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Pfandrechte

English translation: security rights over movables

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Pfandrechte
English translation:security rights over movables
Entered by: Astrid Elke Witte
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20:59 Feb 28, 2002
German to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / Trademarks
German term or phrase: Pfandrechte
It's in the heading of one of the sections on an Austrian Trademark Registration Certificate:

"Lizenzen und Pfandrechte:"
Astrid Elke Witte
Germany
Local time: 15:37
security rights over movables
Explanation:
This term covers both pledges and (rights of) liens and is probably the best allround term to use in a general context.

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Note added at 2002-03-02 07:07:44 (GMT)
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Seeing, that a number of people are obviously not very familiar with the concept of Pfandrecht, here some legal basics: The German Pfandrecht is a right in rem that entitles the creditor to satisfaction of a claim (provided certain requirements are met) by selling the thing (movable) given as a security. This right may be associated with actual possession of the movable, but not necessarily (=> gesetzliches Pfandrecht des Vermieters).
In GB, it is customary for the lienholder to retain possession of the property on which the lien has been obtained, whereas in the US it is more usual that a lien does not involve retention by the lienholder. In the US, when the creditor possesses the collateral, pledge is the more usual term. (Garner, Dico of modern legal usage)
\"Security right\" would not only work in both jurisdictions, but would also encompass cases where the creditor does not have actual possession of the collateral.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 02:37
Grading comment
Thank you for helping me out once again, Darien. It is very useful for me that you have given a full explanation.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +5lien
Elvira Stoianov
4security rights over movablesBeate Lutzebaeck
3 -1foreclosure,forfeiture
1964


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
security rights over movables


Explanation:
This term covers both pledges and (rights of) liens and is probably the best allround term to use in a general context.

--------------------------------------------------
Note added at 2002-03-02 07:07:44 (GMT)
--------------------------------------------------

Seeing, that a number of people are obviously not very familiar with the concept of Pfandrecht, here some legal basics: The German Pfandrecht is a right in rem that entitles the creditor to satisfaction of a claim (provided certain requirements are met) by selling the thing (movable) given as a security. This right may be associated with actual possession of the movable, but not necessarily (=> gesetzliches Pfandrecht des Vermieters).
In GB, it is customary for the lienholder to retain possession of the property on which the lien has been obtained, whereas in the US it is more usual that a lien does not involve retention by the lienholder. In the US, when the creditor possesses the collateral, pledge is the more usual term. (Garner, Dico of modern legal usage)
\"Security right\" would not only work in both jurisdictions, but would also encompass cases where the creditor does not have actual possession of the collateral.


    Dietl/Lorenz
Beate Lutzebaeck
New Zealand
Local time: 02:37
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 20
Grading comment
Thank you for helping me out once again, Darien. It is very useful for me that you have given a full explanation.

Peer comments on this answer (and responses from the answerer)
neutral  Steffen Pollex: How would you know that only movables are concerned?
11 hrs
  -> The legal concept of Pfandrecht concerns only movables - where immovables are concerned, the legal fraternity talks about Grundpfandrechte
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6 mins   confidence: Answerer confidence 5/5 peer agreement (net): +5
lien


Explanation:
lien = The right to take and hold or sell the property of a debtor as security or payment for a debt or duty


    American Heritage + QuickDic
Elvira Stoianov
Luxembourg
Local time: 15:37
Native speaker of: Native in RomanianRomanian, Native in HungarianHungarian
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Heidi Varblow: you are right!
26 mins

agree  swisstell
26 mins

agree  gangels: liens ("Rechte" is implicit)
41 mins

agree  Steffen Pollex
11 hrs

agree  xxxbrute
15 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
foreclosure,forfeiture


Explanation:
Pfandrechte:lien, seizure of property in place of payment and Foreclosure..

In such context a lien does not make sense (? or perhaps makes sense and I do not know) However that last meaning foreclosure also means losing the right , also forfeiture


So maybe Lisence (A right) and foreclosure (Loss or termination of that right)
I am not sure just a proposal

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Note added at 2002-02-28 22:30:07 (GMT)
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Or Maybe Pledging /pledge rights thereupon

1964
Turkey
Local time: 16:37
Specializes in field
Native speaker of: Native in TurkishTurkish

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: Foreclosure does not apply to movable property.
2849 days
  -> Thanks it has been 2849 days
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