GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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20:59 Feb 28, 2002 |
German to English translations [PRO] Law/Patents - Law: Patents, Trademarks, Copyright / Trademarks | |||||||
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| Selected response from: Beate Lutzebaeck New Zealand Local time: 21:42 | ||||||
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Summary of answers provided | ||||
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5 +5 | lien |
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4 | security rights over movables |
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3 -1 | foreclosure,forfeiture |
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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 |
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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 |
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