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Glossary entry

German term or phrase:

Eigentumsvorbehaltskaufvertrag

English translation:

purchase agreement with retention of title

Added to glossary by Oliver Walter
Sep 8, 2008 21:49
16 yrs ago
German term

Eigentumsvorbehaltskaufvertrag

German to English Bus/Financial Law: Contract(s) bankruptcy
(In the same letter as my earlier question: from a company that has applied for bankruptcy proceedings).
"Sollten Sie die Herausgabe von evtl. unter Eigentumsvorbehalt stehenden Waren / Materialien im Wege der Aussonderung begehren, wird darauf hingewiesen, daß erst im eröffneten Verfahren und im Anschluß an den Berichtstermin die Verpflichtung des Insolvenzverwalters besteht, sich zur Erfüllung des Eigentumsvorbehaltskaufvertrages zu erklären."

Eigentumsvorbehalt is apparently "retention of title". Is this term an agreement to buy such a title?
Proposed translations (English)
3 +3 purchase contract with title retention
4 +1 contract of sale of goods subject to lien
4 Comment
Change log

Sep 8, 2008 22:11: Steffen Walter changed "Term asked" from "Eigentumsvorbehaltskaufvertrages" to "Eigentumsvorbehaltskaufvertrag" , "Field (specific)" from "Law (general)" to "Law: Contract(s)"

Discussion

TonyTK Sep 10, 2008:
My apologies - I wasn't aware of the rule. My intention was simply to advise the asker not to use a term that I consider to inapplicable in the context of the question. Please see my comment below.
Adrian MM. (X) Sep 10, 2008:
TonyTK - you are now abusing site rules by commenting on my answer under the guise of requesting clarification: http://www.proz.com/siterules/kudoz_answ/3.4#3.4
TonyTK Sep 9, 2008:
This might help:
http://www.insolvency.gov.uk/freedomofinformation/technical/...
IMO you should steer clear of the word "lien" in this context ...

Proposed translations

+3
25 mins
German term (edited): Eigentumsvorbehaltskaufvertrages
Selected

purchase contract with title retention

It is not an agreement to buy such a title. As I understand it, this is the part of the purchase contract that preserves the seller's ownership until the goods are paid off.
Peer comment(s):
agree Shane London : Yes. I think that's correct. Perhaps also 'purchase agreement with retention of title clause'
4 mins
Thank you, Shane. I like your version as well.
agree Camilla Seifert : I prefer your "retention of title" - Eigentumsvorbehalt is just that - Retention (or reservation) of title.
6 hrs
Thank you, Camilla!
agree TonyTK : I agree with Shane
1 day 9 hrs
Thank you, TonyTK!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I think you had the right idea. I wrote "purchase agreement with retention of title", which is more or less Shane's reply."
+1
42 mins

contract of sale of goods subject to lien

1. this is an insolvency scenario, so lien and extended lien - despite the different US spin on land liens - e.g. Romalpa clauses should also be considered for retention of title. The lienor e.g. seller of the goods wants to keep them out of the administrator's, receiver's or liquidator's etc. hands.

2. contract of sale vs. purchase agreement. In the UK sale of goods, there is a distinction between a prelim. agreement to sell and the final contract of sale.

3. this is a sale of goods and not land, so it is the goods and not the sale itself which are subject to lien e.g. with retained title.

Example sentence:

Description of Goods Subject to Lien. If only one or two items are being stored, .... After The Sale. The warehouse keeper may satisfy his lien from the ...

Reference:

http://www.wismovers.org/warehouse_keepers_lien.htm

Peer comment(s):
agree Ashima
28 mins
Thanks
agree Friderike Butler
4 hrs
Danke schön!
disagree TonyTK : ... // Nope. There is no lien involved at all. In the above case, the seller may or may not get his goods back. See the link I provided for the asker ...
13 hrs
Strange. Either you or I must have misread s. 41(2) of the UK Sale of Goods Act 1979: seller's proprietary remedies - the seller's lien, plus the case of Romalpa.
Something went wrong...
1 day 10 hrs

Comment

@ Tom Thumb:

Say I order something from you, then I go bankrupt before I've paid for it. The above letter is a letter from me to you telling you that if you want your stuff back pursuant to the retention of title clause in the purchase agreement, you'll have to wait and you might not get it anyway - because the administrator/liquidator might decide not to honour the clause as outlined at
http://www.insolvency.gov.uk/freedomofinformation/technical/...

Hence no lien. What form could it possibly take?


Something went wrong...
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