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  2. German to English
  3. Business/Commerce (general)

Der Lieferant schuldet die Verschaffung vorbehaltslosen Eigentums.

English translation: the supplier guarantees the unreserved transfer of ownership

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Der Lieferant schuldet die Verschaffung vorbehaltslosen Eigentums.
English translation:the supplier guarantees the unreserved transfer of ownership
Entered by: Jeannie Graham

14:48 Nov 1, 2019
German to English translations [PRO]
Bus/Financial - Business/Commerce (general)
German term or phrase: Der Lieferant schuldet die Verschaffung vorbehaltslosen Eigentums.
In a list of terms and conditions for suppliers
Jeannie Graham
United Kingdom
Local time: 03:30
the supplier guarantees the unreserved transfer of ownership
Explanation:
'Schulden' is 'to owe', but I think 'guarantees' works fine here.

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Note added at 2 hrs (2019-11-01 16:56:29 GMT)
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Thanks Phil. I think the point of the provision is that the supplier undertakes explicitly to transfer the full ownership upon delivery of the goods, because there could be a third party who still has the legal ownership (the title), f.i., if the supplier himself still has to pay for the goods. If this third party would claim the goods, the supplier will be liable for any damage under this provision.
Selected response from:

Frank van 't Hoog
France
Local time: 04:30
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1The Supplier's responsibility is to procure unqualified (unretained) title
Adrian MM.
3the supplier guarantees the unreserved transfer of ownership
Frank van 't Hoog
3The Supplier is obligated to provide clear title [to the goods].
TechLawDC


  

Answers


39 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
the supplier guarantees the unreserved transfer of ownership


Explanation:
'Schulden' is 'to owe', but I think 'guarantees' works fine here.

--------------------------------------------------
Note added at 2 hrs (2019-11-01 16:56:29 GMT)
--------------------------------------------------

Thanks Phil. I think the point of the provision is that the supplier undertakes explicitly to transfer the full ownership upon delivery of the goods, because there could be a third party who still has the legal ownership (the title), f.i., if the supplier himself still has to pay for the goods. If this third party would claim the goods, the supplier will be liable for any damage under this provision.

Frank van 't Hoog
France
Local time: 04:30
Works in field
Native speaker of: Native in DutchDutch
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: Or just "will transfer full ownership".
12 mins
disagree  David Moore (X): He is responsible for, he does not guarantee anything.
22 hrs
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
The Supplier's responsibility is to procure unqualified (unretained) title


Explanation:
I can't see anything about a transfer of title (ownersdhip) here.

Anyway, this is a slightly different emphasis from giving a 'warranty of (absolute) title' to goods since the Supplier does not seem to be giving anything.

A possibly allied 'covenant for further assurance' (as in UK conveyancing) is to procure good (AmE: unclouded/ BrE: unclogged) title e.g. missing documents and deeds after property in the goods has passed to the Buyer.

NB 'A retention of title clause (also called a Romalpa clause in some jurisdictions) is a provision in a contract for the sale of goods that the title to the goods remains vested in the seller until the buyer fulfils certain obligations (usually payment of the purchase price).'

Example sentence(s):
  • UK: Under the Sale of Goods Act 1979 the ownership (known as "title") to goods passes when the parties to the sale intend it to pass. This can be confusing as the parties may have very different views on when this should actually be.

    Reference: http://www.compactlaw.co.uk/free-legal-information/consumer-...
    Reference: http://dictionary.thelaw.com/unqualified-ownership/
Adrian MM.
Austria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
agree  David Moore (X): Provide, rather than procure, perhaps?
16 hrs
  -> OK - rather obtain /legal-dictionary.thefreedictionary.com/good+title, although I am all for procuring and even soliciting.
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1 day 55 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
The Supplier is obligated to provide clear title [to the goods].


Explanation:
The Supplier is obligated to provide clear title [to the goods] -- title which is free and clear of encumbrances and defects.
(Remark: This type of a contract term is usually found only in contracts for high-valued items, in my experience. This is because general commercial law already protects the purchaser, e.g. in the event that the property is stolen property.)


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Note added at 1 day 1 hr (2019-11-02 15:54:37 GMT)
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I do not think that the author was thinking of "unqualified title" here, namely title in which the supplier retains certain present or contingent interests. The property in question is personalty, not realty.
By "unretained title" (which term I have never seen and possibly is unidiomatic or does not exist), I assume "unqualified title" is meant (see preceding 2 sentences).

TechLawDC
United States
Local time: 22:30
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15

Peer comments on this answer (and responses from the answerer)
neutral  Adrian MM.: 1. unretained I put in brackets anyway and is the opposite of retained title www.linguee.de/englisch-deutsch/uebersetzung/title to the g... 2. obligated is AmE and the asker is in GB where 3. clear title refers to land & buildings = realty only.
3 hrs
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