Glossary entry

German term or phrase:

Vollstreckung in ihr sonstiges Vermögen

English translation:

any execution against other assets of the seller

Added to glossary by Ventnai
Sep 28, 2015 08:52
9 yrs ago
2 viewers *
German term

Vollstreckung in ihr sonstiges Vermögen

German to English Law/Patents Law: Contract(s) Real estate
This is from a sale contract for real estate. The preceding text refers to the buyer's authorisation to file applications to the land registry for the purposes of constituting a mortgage. I need British English.

Der Käufer ist jedoch nicht befugt, eine persönliche Haftung der Verkäuferin zu begründen oder diese persönlich der Vollstreckung in ihr sonstiges Vermögen zu unterwerfen

Proposed translations

+3
58 mins
Selected

any execution against other assets of the seller

Der Käufer ist jedoch nicht befugt, eine persönliche Haftung der Verkäuferin zu begründen oder diese persönlich der Vollstreckung in ihr sonstiges Vermögen zu unterwerfen
However, the purchaser is not entitled to establish (or represent) personal liability on the part of the seller or to subject the seller personally to any execution against other assets of the seller.


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Note added at 1 hr (2015-09-28 09:53:31 GMT)
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(I can't think of a Britishism that might be more apt than "execution".)
Note from asker:
Thanks. Execution may be ugly but it's correct :-)
Peer comment(s):

agree Adrian MM. (X) : www.proz.com/kudoz/german_to_english/bus_financial/427327-sie_unterwirft_sich_der_sofortigen_zwangsvollstreckung_in_ihr_gesamtes_verm%C3%B6gen.html >exe *levied* against works in E&W (Scots diligence). Distraint of is what tax authorities often get up to.
10 hrs
agree Kirsten Bodart
23 hrs
agree morgenhund
1 day 2 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks for everyone's help"
2 hrs

Seizure of sundry assets

The 'Vollstreckung' here is probably potential seizure of miscellaneous assets owned by the seller in the event of any successful legal action which might arise over financial problems resulting from the real estrate transaction;

"However, the purchaser is not entitled to attribute personal liability to the seller or to subject the seller to any enforcement action against the seller's sundry ( other) assets".

Note from asker:
Thanks! I know what it means [more or less :-)] but need a good way of expressing the idea.
Peer comment(s):

neutral Daniel Arnold (X) : sundry doesn't quite capture it
9 hrs
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11 hrs

foreclosure of other property

I'm no Brit, but Australian legal lingo is usually very close to British.
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Reference comments

1 day 38 mins
Reference:

buying and selling real estate in Germany

Basically this sentence refers to the 'limbo' phase in the German property sale process where the buyer is not the official owner yet and the seller is, although they only really have the usufruct of it anymore (the property must be preserved for the buyer). The property will only officially change hands once the land registry has changed the name of the owner from seller to buyer (NOT when the contract is signed), and this can take several months.

So, if the buyer needs a mortgage, they need to take this out on the property that is not formally their own at that time, and this requires the sales contract to say that the buyer is authorised to take out a mortgage on the (seller's) property, but is not entitled to draw the seller's other assets into the matter. So that in the event of a forced execution of the bank (or 'Zwangsvollstreckung'), this cannot involve the seller's overall assets.

See the last paragraph in the ref.

Though the Germans with better contextual on here could correct if I'm wrong.
Note from asker:
Thanks!
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