This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
  1. KudoZ™ Top
  2. English
  3. Law: Contract(s)

non-transferable vs. non-assignable

English translation: they are synonyms

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:non-transferable vs. non-assignable
Selected answer:they are synonyms
Entered by: wonita (X)

15:01 Jul 19, 2010
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: non-transferable vs. non-assignable
Subject to the terms and conditions set forth in this Agreement, xx grants to xx for the term of the Agreement the non-exclusive, non-transferable and non-assignable right to

What's the difference between these 2 terms?
Bin Tiede (X)
Germany
Local time: 20:03
they are synonyms
Explanation:
To my eye (and I'm sure someone will point it out if I am wrong!) they mean the same thing. In "legalese" one often encounters language pairings where one term has a Germanic root and one a Norman root since after the Norman Conquest people may have used both.

--------------------------------------------------
Note added at 27 mins (2010-07-19 15:28:57 GMT)
--------------------------------------------------

Style
David Crystal (2004) explains a stylistic influence upon English legal language. During the Medieval period lawyers used a mixture of Latin, French and English. To avoid ambiguity lawyers often offered pairs of words from different languages. Sometimes there was little ambiguity to resolve and the pairs merely gave greater emphasis, becoming a stylistic habit. This is a feature of legal style that continues to the present day. Examples of mixed language doublets are: "breaking and entering" (English/French), "fit and proper" (English/French), "lands and tenements" (English/French), "will and testament" (English/Latin). Examples of English only doublets are: "let and hindrance", "have and hold."

Modern English vocabulary draws significantly from French and Latin, the latter often by way of French, and by some estimates modern English vocabulary is approximately 1/4 Germanic, 1/4 French, and 1/4 Latin (the balance being from other languages). These vocabularies are used preferentially in different registers, with words of French origin being more formal than those of Germanic origin, and words of Latin origin being more formal than those of French origin. Thus, the extensive use of French and Latin words in Legal English results in a relatively formal style.

Further, legal English is useful for its dramatic effect: for example, a subpoena compelling a witness to appear in court often ends with the archaic threat "Fail not, at your peril"–what the "peril" is isn't described (being arrested and held in contempt of court) but the formality of the language tends to better put a chill down the spine of the recipient of the subpoena than a simple statement like "We can arrest you if you don't show up."

http://en.wikipedia.org/wiki/Legal_English
Selected response from:

Deborah Hoffman
Local time: 14:03
Grading comment
Thanks.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +1they are synonyms
Deborah Hoffman
3 +1They have potential differences or both terms would not be used together
Demi Ebrite


Discussion entries: 1





  

Answers


24 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
they are synonyms


Explanation:
To my eye (and I'm sure someone will point it out if I am wrong!) they mean the same thing. In "legalese" one often encounters language pairings where one term has a Germanic root and one a Norman root since after the Norman Conquest people may have used both.

--------------------------------------------------
Note added at 27 mins (2010-07-19 15:28:57 GMT)
--------------------------------------------------

Style
David Crystal (2004) explains a stylistic influence upon English legal language. During the Medieval period lawyers used a mixture of Latin, French and English. To avoid ambiguity lawyers often offered pairs of words from different languages. Sometimes there was little ambiguity to resolve and the pairs merely gave greater emphasis, becoming a stylistic habit. This is a feature of legal style that continues to the present day. Examples of mixed language doublets are: "breaking and entering" (English/French), "fit and proper" (English/French), "lands and tenements" (English/French), "will and testament" (English/Latin). Examples of English only doublets are: "let and hindrance", "have and hold."

Modern English vocabulary draws significantly from French and Latin, the latter often by way of French, and by some estimates modern English vocabulary is approximately 1/4 Germanic, 1/4 French, and 1/4 Latin (the balance being from other languages). These vocabularies are used preferentially in different registers, with words of French origin being more formal than those of Germanic origin, and words of Latin origin being more formal than those of French origin. Thus, the extensive use of French and Latin words in Legal English results in a relatively formal style.

Further, legal English is useful for its dramatic effect: for example, a subpoena compelling a witness to appear in court often ends with the archaic threat "Fail not, at your peril"–what the "peril" is isn't described (being arrested and held in contempt of court) but the formality of the language tends to better put a chill down the spine of the recipient of the subpoena than a simple statement like "We can arrest you if you don't show up."

http://en.wikipedia.org/wiki/Legal_English

Deborah Hoffman
Local time: 14:03
Specializes in field
Native speaker of: English
PRO pts in category: 4
Grading comment
Thanks.

Peer comments on this answer (and responses from the answerer)
agree  Veronika McLaren: interesting summary!
2 hrs
neutral  Mpoma: umm... sorry, utter rubbish! Firstly, both of these are indeed of Latin origin! Secondly, in law, there is a difference between "assign" and "transfer". Thirdly lawyers don't repeat themselves for rhetorical reasons.
1936 days
  -> The only rubbish here is your obnoxious and ignorant answer. Perhaps you could enlighten us as to "in law" what the difference is between assign and transfer? Because in 16 years of being an actual licensed lawyer "in law," I have not found one.
Login to enter a peer comment (or grade)

9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
They have potential differences or both terms would not be used together


Explanation:

These two terms are used as blanket coverage to prevent misinterpretation of either term, depending on the type of law the language is being used for.

This is legal verbiage that is hard to nail down as being synonymous or having definitive differences in meaning. It is difficult to 'just look it up' because the legal (dictionary) definitions available in English do not address it. I think that is due in part to the fact that the terms are used as 'blanket' provisions in a contract. The fact that they are both used, as opposed to only one or the other lends to the fact there could possibly be a legal difference brought to the court that would alter the outcome of a contested contractual agreement in a court proceeding.

Depending on the area of law, non-transferable and non-assignable can take on slightly differing meanings. For instance, in probate or estate law, the term non-assignable means that the contract or agreement cannot be assigned or passed on to an heir. 'Transfer', could apply to debts and possibly property, but 'transfer' could possibly be contested. Contracts are usually also non-transferable to the heirs after death, but again, this could be contested. In corporate law, a contract that is non-assignable cannot be sold or altered to include another party, but non-transferable, though meaning also that the contract cannot be sold or altered has loopholes that could possibly be explored in a court of law, depending on the many, many details of and inclusion of corporate clauses.

Taking into account the many types of law and countries that can be included in any legal area as well, the terms are used to cover any and all possible loopholes or meanings or issues that could come up in legal circumstances. The differences in terms are perhaps minute, but could have slight interpretive differences that could act as a thread to pull in litigation. Find the case law to support one or the other in a similar situation and the unraveling process can begin.

There would be no need for both terms to be addressed and stated if there was not potential liability involved in doing so.


Demi Ebrite
United States
Local time: 13:03
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Mpoma: Yes, they are not synonyms in legal language
1936 days
neutral  Deborah Hoffman: Where I practice they are absolutely synonymous, but other jurisdictions may recognize a difference.
1936 days
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

Return to KudoZ list

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

See also:
ProZ.com term search
Search millions of term translations
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search