Glossary entry (derived from question below)
German term or phrase:
Sicherungsübereignung
English translation:
assignment as (collateral) security
Added to glossary by
Terry Moran
Feb 4, 2005 10:31
19 yrs ago
6 viewers *
German term
Sicherungsuebereignungen
German to English
Law/Patents
Accounting
Liabilities/Under Balance Sheet
Von den Verbindlichkeiten gegenueber Versicherungsgesellschaften sind T 123 durch sicherungsuebereignungen gesichert
Proposed translations
(English)
Proposed translations
+1
5 mins
Selected
assignment (of ...) as security
It would be best to say what of, if you know.
4 KudoZ points awarded for this answer.
Comment: "Danke!!!!"
1 hr
mortgages
Could work here. Mortgage under Anglo-American law is a much wider concept than the German "Hypothek". It can also refer to movables and have the function of a "Sicherungsübereignung".
2 hrs
transfers of ownership by way of collateral or transfers of ownership as collateral security
...
2 hrs
Fiduciary transfer of assets
This grants security for a debt on personal property while the debtor retains possession.
(http://www.practicallaw.com/9-102-1870)
Mentioned also in
http://europa.eu.int/comm/enterprise/entrepreneurship/suppor...
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Note added at 2 hrs 10 mins (2005-02-04 12:41:48 GMT)
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Or \"fiduciary transfer of title\" (http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/LAWANDJUSTIC... It may be better since \"[t]he German courts have stepped into the breach by recognizing what is called, in the case of movable property, Sicherungsübereignung, and in case of accounts receivable, Sicherungszession. Thus, in order to secure a debt, a debtor may transfer the ownership in a movable thing to his creditor. This does not require a transfer of possession. Likewise, he may assign a contract right to his creditor without giving notice to the third party. In both cases, the creditors acquires the full title to the movable or the account.\"
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Note added at 2 hrs 12 mins (2005-02-04 12:43:21 GMT)
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Typo \"creditor\" acquires not \"creditors\". The source for this was http://www.wirtschaftsrecht.uni-freiburg.de/gfr/Bristol/Koet...
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Note added at 2 hrs 21 mins (2005-02-04 12:52:58 GMT)
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Further information from the World Bank website.
\"The debtor remains in possession of the personal property, only legal title is transferred to the creditor. In the contract the creditor/fiduciary owner obliges himself, not to
(http://www.practicallaw.com/9-102-1870)
Mentioned also in
http://europa.eu.int/comm/enterprise/entrepreneurship/suppor...
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Note added at 2 hrs 10 mins (2005-02-04 12:41:48 GMT)
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Or \"fiduciary transfer of title\" (http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/LAWANDJUSTIC... It may be better since \"[t]he German courts have stepped into the breach by recognizing what is called, in the case of movable property, Sicherungsübereignung, and in case of accounts receivable, Sicherungszession. Thus, in order to secure a debt, a debtor may transfer the ownership in a movable thing to his creditor. This does not require a transfer of possession. Likewise, he may assign a contract right to his creditor without giving notice to the third party. In both cases, the creditors acquires the full title to the movable or the account.\"
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Note added at 2 hrs 12 mins (2005-02-04 12:43:21 GMT)
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Typo \"creditor\" acquires not \"creditors\". The source for this was http://www.wirtschaftsrecht.uni-freiburg.de/gfr/Bristol/Koet...
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Note added at 2 hrs 21 mins (2005-02-04 12:52:58 GMT)
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Further information from the World Bank website.
\"The debtor remains in possession of the personal property, only legal title is transferred to the creditor. In the contract the creditor/fiduciary owner obliges himself, not to
Peer comment(s):
neutral |
RobinB
: I'm unhappy about the "fiduciary" here, as there's no trust arrangement involved. Neither are the assets "transferred" in any legal sense.//Personally, I wouldn't trust the EU for terminology other than EU institutions. Certainly not anything financial!
7 mins
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I share your misgivings but I think if the EU and the World Bank have used similar expressions, they have to stand. // How about the World Bank?
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1 hr
chattel mortgage
My accounting dictionary has chattel mortgage, which is a lien on property used as collateral for a loan.
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Note added at 8 hrs 55 mins (2005-02-04 19:27:00 GMT)
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I\'m glad I haven\'t used it much now - what\'s your recommendation?
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Note added at 8 hrs 55 mins (2005-02-04 19:27:00 GMT)
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I\'m glad I haven\'t used it much now - what\'s your recommendation?
Peer comment(s):
neutral |
RobinB
: Chattel mortgages are normally encountered in lending arrangements, rather that as security for liabilities. (PS: which accounting dictionary would that be?)//Ah, the awful Andersen dictionary. Bin it!
45 mins
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Hi Robin - it's called the Professional Dictionary: Accounting, Tax, Banking, EDP (Schäffel-Poeschel). I don't use it much but it has been useful on a few occasions.
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