Glossary entry (derived from question below)
German term or phrase:
dinglich wirkende Übertragung
English translation:
real transfer
Added to glossary by
Adam Kiolle
Jan 15, 2015 07:13
9 yrs ago
4 viewers *
German term
Zu unterscheiden ist zwischen einer dinglich wirkenden Übertragung von Urheberre
German to English
Law/Patents
Law: Patents, Trademarks, Copyright
Expert opinion on difference licence vs rights transfer
Is it possible that this is a differentiation between the right in personam and in rem? Or would it suffice to say that there's a different between assigning / transferring the rights and simply managing rights based on a licence (i.e. no real transfer of the rights takes place, they can only be administered)
This is in the context of copyright societies (aka collective management organisations).
My attempt would be
"A distinction needs to be made between a copyright assignment [effecting the rights in rem] and a licence effecting the rights in personam only."
Thanks for your help much appreciated!
This is in the context of copyright societies (aka collective management organisations).
My attempt would be
"A distinction needs to be made between a copyright assignment [effecting the rights in rem] and a licence effecting the rights in personam only."
Thanks for your help much appreciated!
Proposed translations
(English)
4 +1 | real transfer | Adam Kiolle |
Change log
Mar 23, 2015 03:34: Adam Kiolle Created KOG entry
Proposed translations
+1
1 day 3 hrs
German term (edited):
dinglich wirkende Übertragung
Selected
real transfer
Depending on your target audience, the translation of this term may need to be accompanied by an explanation.
This expression relates to a distinctly German legal concept which does not exist in common law (Anglo-American) legal systems. Under German law, the transfer of ownership (Übereignung) of property is subject to the so-called principle of distinction (Trennungsprinzip). For ownership of something to be transferred, there must be both a "real agreement" (dinglicher Vertrag) and a transfer of possession (Übergabe).
In very broad terms, the real agreement is the legal transaction which underlies the transfer (a sale, a gift, a barter, etc.). The transfer of possession is what completes the transaction and makes ownership pass between the transferor and the transferee.
This has nothing to do with rights in rem or in personam. A right in rem is essentially a right relating to a thing (a right to possession of a car). A right in personam is a right against a person (a right to payment of money from John). The distinction between these two concepts has nothing to do with the distinction between real agreements and transfers of possession (which I suspect the rest of your sentence which was cut off relates to).
As mentioned above, this translation might need to be accompanied by an explanation of some kind. When I encounter this kind of term, I typically add a footnote making the reader aware that X is a translation of the German legal Y. The reason for this is that the average English-speaking lawyer will have no idea what a "real agreement" is, as this is something that does not exist in Anglo-American law.
This expression relates to a distinctly German legal concept which does not exist in common law (Anglo-American) legal systems. Under German law, the transfer of ownership (Übereignung) of property is subject to the so-called principle of distinction (Trennungsprinzip). For ownership of something to be transferred, there must be both a "real agreement" (dinglicher Vertrag) and a transfer of possession (Übergabe).
In very broad terms, the real agreement is the legal transaction which underlies the transfer (a sale, a gift, a barter, etc.). The transfer of possession is what completes the transaction and makes ownership pass between the transferor and the transferee.
This has nothing to do with rights in rem or in personam. A right in rem is essentially a right relating to a thing (a right to possession of a car). A right in personam is a right against a person (a right to payment of money from John). The distinction between these two concepts has nothing to do with the distinction between real agreements and transfers of possession (which I suspect the rest of your sentence which was cut off relates to).
As mentioned above, this translation might need to be accompanied by an explanation of some kind. When I encounter this kind of term, I typically add a footnote making the reader aware that X is a translation of the German legal Y. The reason for this is that the average English-speaking lawyer will have no idea what a "real agreement" is, as this is something that does not exist in Anglo-American law.
3 KudoZ points awarded for this answer.
Comment: "Great explanation, still not sure whether my translation suggestion was ok though."
Discussion