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iscritto e trascritto

English translation: registered

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21:34 Feb 6, 2009
Italian to English translations [PRO]
Law/Patents - Law: Contract(s)
Italian term or phrase: iscritto e trascritto
La parte venditrice garantisce la proprietà e la libertà da pesi, ipoteche, ... e gravami tutti in genere, sia inscritti che trascritti.
Francesca Zanette
France
Local time: 15:25
English translation:registered
Explanation:
Both terms essentially mean registered, however it may help to know what the difference is in Italian and within the Italian legal system with regards to real estate.

"trascrizioni" refer to deeds, contracts with which real rights on a property pass from one subject to another.
"Iscrizioni" refer to deeds, contracts with which a given property is used as a guarantee in favour of a given subject or subjects.

A "trascrizione" also is merely a method of making the contract/deed PUBLIC: i.e. with the contract itself, e.g. a notarised deed of sale on a property (atto notarile di compravendita), the property effectively changes ownership with the signing of the contract itself - the trascrizione is done to make this legally public in the property registers (sidenote: if the property is sold to several different buyers on the same day, the buyer who signs the contract that is "transcribed" first will become the owner, not the buyer who signed the contract first. Therefore the notary has an obligation to proceed with the "transcription" asap).

However, for a mortgage to effectively be placed on a property, the iscrizione has to be done: i.e. there is no lien on the property until the iscrizione actually takes place.

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Note added at 17 hrs (2009-02-07 15:34:14 GMT)
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just to clarify:
"trascrizioni" refer to deeds, contracts with which real rights on a property pass from one subject to another (e.g. a deed of sale)
"Iscrizioni" refer to deeds, contracts with which a given property is used as a guarantee in favour of a given subject or subjects (e.g. a mortgage contract).
Selected response from:

Sarah Ferrara
Italy
Local time: 15:25
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2registered
Sarah Ferrara
4registration and recordal
lucinda byatt
3registered and transcribed
Christopher Burin


  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
registered and transcribed


Explanation:
Can you provide a bit more context please?

Christopher Burin
Local time: 14:25
Specializes in field
Native speaker of: Native in EnglishEnglish
Notes to answerer
Asker: This is a real estate purchase agreement. There is no more context, for the specific terms, the sentence continues with "... sia inscritti che trascritti, ed in propostio presta manutenzione e difesa ai sensi di legge

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17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
registered


Explanation:
Both terms essentially mean registered, however it may help to know what the difference is in Italian and within the Italian legal system with regards to real estate.

"trascrizioni" refer to deeds, contracts with which real rights on a property pass from one subject to another.
"Iscrizioni" refer to deeds, contracts with which a given property is used as a guarantee in favour of a given subject or subjects.

A "trascrizione" also is merely a method of making the contract/deed PUBLIC: i.e. with the contract itself, e.g. a notarised deed of sale on a property (atto notarile di compravendita), the property effectively changes ownership with the signing of the contract itself - the trascrizione is done to make this legally public in the property registers (sidenote: if the property is sold to several different buyers on the same day, the buyer who signs the contract that is "transcribed" first will become the owner, not the buyer who signed the contract first. Therefore the notary has an obligation to proceed with the "transcription" asap).

However, for a mortgage to effectively be placed on a property, the iscrizione has to be done: i.e. there is no lien on the property until the iscrizione actually takes place.

--------------------------------------------------
Note added at 17 hrs (2009-02-07 15:34:14 GMT)
--------------------------------------------------

just to clarify:
"trascrizioni" refer to deeds, contracts with which real rights on a property pass from one subject to another (e.g. a deed of sale)
"Iscrizioni" refer to deeds, contracts with which a given property is used as a guarantee in favour of a given subject or subjects (e.g. a mortgage contract).


Sarah Ferrara
Italy
Local time: 15:25
Works in field
Native speaker of: English
PRO pts in category: 8
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  lucinda byatt: good explanation - thanks. I've added a note about the use of "recordal" as well
131 days

agree  Elena Woontner: "listed" in US English
1895 days
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132 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
registration and recordal


Explanation:
Just another option:
(iscrizione) registration is used for deeds, contracts as described by Sarah above
(trascrizione) recordal is often used for deeds assigning real rights (e.g., in particular, intellectual property rights) - see example below
http://books.google.co.uk/books?hl=en&client=firefox-a&rls=o...

lucinda byatt
United Kingdom
Local time: 14:25
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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