Glossary entry

German term or phrase:

Bürgschaftsnehmer

English translation:

guaranteed creditor / guarantee

Added to glossary by Bernhard Sulzer
Mar 17, 2010 03:10
14 yrs ago
8 viewers *
German term

Bürgschaftsnehmer

German to English Law/Patents Law: Contract(s) maintenance contract
surety contract: "Bürgschaftsnehmer" was translated as "guaranteed creditor" but I would rather use "obligee"
I found it also translated in a EU document as "Insured". The term is used next to the German term for beneficiary (Begünstigter) at the beginning of the surety where the contract partners are listed:

Bürgschaft

Bürge
Begünstigter (Bürgschaftsnehmer)
Auftragnehmer (Hauptschuldner)

More context:
Zur Sicherung aller gegenwärtigen und zukünftigen Ansprüche des Begünstigten gegenüber dem Auftragnehmer aus dem o.g. Vertragsverhältnis/aus den o.g. Verträgen übernehmen wir gegenüber dem Begünstigten unwiderruflich die selbstschuldnerische Bürgschaft gemäß §§ 765 ff. BGB unter Verzicht auf die Einreden gemäß §§ 770 und 771 BGB.
TIA

Proposed translations

+2
5 mins
Selected

guaranteed creditor

Bürgschaftsnehmer vgl. guaranteed creditor guaranteed bonds = durch Bürgschaft gesicherte Schuldverschreibungen guarantee v.t. = garantieren; bürgen, ...
de.wikibooks.org/wiki/Benutzer:Commercedix - Similar

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Note added at 6 mins (2010-03-17 03:17:29 GMT)
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The admitted claim of each of the Guaranteed Creditors in both liquidations ... For those Guaranteed Creditors who might have further contractual claims, ...
legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?... - Cached - SimilarLoan Security: Pledges without Transfer of Possession ...
The latter provision is based on the understanding that the guaranteed creditor has 10 calendar days to grant such authorization; if no response is received ...
www.internationallawoffice.com/newsletters/detail.aspx?g=94...

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Note added at 11 mins (2010-03-17 03:21:45 GMT)
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or: guarantor

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Note added at 11 mins (2010-03-17 03:22:30 GMT)
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guarantor - definition of guarantor - One who guarantees an obligation and has a legal duty to fulfill it.
www.investorwords.com/2271/guarantor.html - Cached - Similar
Note from asker:
wow, that is fast.:)
used "guarantor" for "Bürge"
Peer comment(s):

agree Jon Fedler
1 hr
agree seehand
7 hrs
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4 KudoZ points awarded for this answer. Comment: "Thank you very much!"
7 mins

warrantee

www.thefreedictionary.com/warrantee
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3 hrs

guarantee beneficiary

A warranty guarantee, including for the repair of guarantee defects, is a non-payment guarantee and an irrevocable obligation of the bank to pay a monetary amount up to a set amount in the event that the applicant does not meet its contractual obligations during a guarantee term and does not correct defects arising during the guarantee term.



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Note added at 3 hrs (2010-03-17 06:58:10 GMT)
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Benefits

The guarantee represents quality security for the obligation of a supplier (applicant), and the customer (guarantee's beneficiary) obtains certainty that it will receive performance from Raiffeisenbank under the guarantee in the event that the supplier does not perform its contractual obligations during the guarantee tenor and if the recipient (beneficiary) asks for performance in accordance with the conditions of the guarantee.
It strengthens the trustworthiness of the supplier (applicant) in relation to the customer (beneficiary).
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7 hrs

guarantee

If "Bürge" (i.e., the "Bürgschaftsgeber") is "guarantor," then it makes sense to simply call the "Bürgschaftsnehmer" the "guarantee."

Here is a dictionary entry for "guarantee" as the party, to whom a "guaranty" is made:

GUARANTEE, contracts. He lo [sic] whom a guaranty is made.
2. The guarantee is entitled to receive payment, in the first place, from the debtor, and, secondly, from the guarantor. He must be careful not to give time beyond that stipulated in the original agreement, to the debtor, without the consent of the guarantor; the guarantee should, at the instance of the guarantor, bring an action against the principal for the recovery of the debt. 2 Johns. Oh. R. 554; 17 Johns. R. 384; 8 Serg. & Rawle, 116; 10 Serg. & Rawle, 33; 2 Bro. C. C. 579, 582; 2 Ves. jr. 542. But the mere omission of the guarantee to sue the principal debtor will not, in general, discharge the guarantor. 8 Serg. & Rawle, 112; 3 Yeates, R. 157; 6 Binn. R. 292, 300.
See http://legal-dictionary.thefreedictionary.com/guarantee

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Note added at 7 hrs (2010-03-17 11:01:11 GMT)
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guarantee
[...]
3) n. occasionally, the person to whom the guarantee is made.
[...]
See http://dictionary.law.com/Default.aspx?selected=840

I don't have my Black's at hand (I'll check when I get into the office), but I am relatively certain that it contains the same definition for "guarantee."

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Note added at 8 hrs (2010-03-17 11:14:58 GMT)
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Additional (off-topic) Information

The following is admittedly blind citation, as I took it from a blog discussion at AdamsDrafting.com on the difference between "guarantee" and "guaranty" (which is obviously not directly related to your question, though interesting nonetheless), but this is what Bryan Gardner has to say in A Dictionary of Modern Legal Usage (1995):

The distinction in BrE once was that the former [guarantee] is the verb, the latter [guaranty] the noun. Yet guarantee is now commonly used as both n. & v.t. in both AmE and BrE. … .

In practice, guarantee, n., is the usual term, seen often, for example, in the context of consumer warranties or other assurances of quality or performance. Guaranty, in contrast, is now used primarily in financial and banking contexts in the sense “a promise to answer for the debt of another.” Guaranty is now rarely seen in nonlegal writing, whether in G.B. or in the U.S. Some legal writers prefer guaranty in all nominal senses.

Guaranty was formerly used as a verb but is now obsolete as a variant of guarantee, v.t.

See http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarante...

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Note added at 11 hrs (2010-03-17 14:35:16 GMT)
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David's suggestion would work (it is the original creditor, to whom the guaranty is usually given) and is undoubtedly more common. But I think the tendency to give this party such a name is based on an assumption that "guarantee" is the promise itself (and it is, in fact, often used that way), and that it could be confusing for the reader. If one drafts the "guaranty" carefully, however, the meaning of the words should be clear:

"There are several uses of the word 'guarantee' in today's parlance, however the following should be used in legal documents. Guaranty is the actual document containing language of assurance. Guarantor is the entity giving the guaranty and guarantee is the entity receiving the guaranty. Following conventional English spelling rules, therefore, the plural of guaranty or verb usage of the word should be guaranties, [...]."
See http://en.wikipedia.org/wiki/Surety

Here is another reference for my take on this:

"LAW ON GUARANTEES.

1. A guarantee (also spelled guaranty) is a written promise
that a person will perform some duty or answer for the pay-
ment of some debt, in case of the failure of another person.

2. The person who guarantees the faithfulness of another is
called the guarantor.

3. The guarantee is the person to whom the pledge is made.

4. All guarantees must be in writing.

[...]"
See http://www.archive.org/stream/safebusinessmeth00nichrich/saf...
Note from asker:
Hi and thank you, Derek. So I read this as guaranty rather than guarantee, especially if warranties come into play as "guarantees" in the same text. And I have used guaranty before. What do you think of David's suggestion though?- I found it used as well.
Thanks a lot. I will enter both, guaranteed creditor and guarantee into the glossary!
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16 hrs

Insured

Surety contracts in the USA are issued by insurance companies. The beneficiaries of the insurance are called the "Insured." All of the other answers supplied so far are correct under American all. But they are general. Warrantees and guarantees may exist under any old type of contract. This is a surety agreement, so in my legal judgment, the warrantee, or the guarantee or the beneficiary of this deal is most clearly and specifically called: the "Insured."
Note from asker:
Thank you, Joel. "Insured" is certainly a correct option.
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