Glossary entry

German term or phrase:

abtreten

English translation:

assign

    The asker opted for community grading. The question was closed on 2009-07-12 03:54:05 based on peer agreement (or, if there were too few peer comments, asker preference.)
Jul 8, 2009 09:25
14 yrs ago
6 viewers *
German term

abtreten

German to English Law/Patents Real Estate
Für den Fall der Untervermietung tritt der Mieter dem Vermieter schon jetzt die ihm gegen Untermieter zustehenden Forderungen nebst Pfandrecht bis zur Höhe der Forderungen des Vermeiters sicherungshalber ab.

My word to word version: In case of subleasing, the lessee shall now itself convey the lessor of the claims due to him against the sublessee in addition to the right of lien up to the extent of the claims of the lessor.

To be very honest....i am totally confused here. Can someone please start with a rough translation of what's actually happening?
Proposed translations (English)
3 +7 assign
3 cede s.th. to s.o.

Proposed translations

+7
18 mins
Selected

assign

In the event of a sub-lease [in the event of sub-letting], the lessee/tenant assigns as (a) security [by way of security], with immediate effect, its claims vis-a-vis the sub-lessee/sub-tenant to the landlord, including any lien, up the amount of...

Abtreten" is "to assign" in contractual language.

See also
http://www.proz.com/kudoz/german_to_english/law:_contracts/1...
http://www.proz.com/kudoz/634789

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Note added at 19 mins (2009-07-08 09:45:33 GMT)
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Instead of "assign", I've also often seen "transfer".

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Note added at 20 mins (2009-07-08 09:46:07 GMT)
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Last part corrected: "... up <B>to</B> the amount of..."
Peer comment(s):

agree Lynne Honan : either assign or transfer would do - "cede" tends to go more with "right" imo
20 mins
In property/real estate contracts I translated, I've generally seen "assign" or "transfer" whilst "cede" was used only very rarely.
agree Paul Skidmore : Steffen: your sentence sounds good, although assuming the text is taken from a lease, I would write "shall assign" and not simply "assigns"
1 hr
Perhaps but you might find http://www.transblawg.eu/index.php?/archives/2755-Shall-in-l... interesting :-)
agree Dr.G.MD (X)
2 hrs
agree Anja Wulf (X) : yes. I am a US realtor and one would use "assign" in this context.
2 hrs
agree Ventnai
3 hrs
agree Inge Meinzer
3 hrs
agree Peter Manda (X)
14 hrs
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4 KudoZ points awarded for this answer. Comment: "Hello Stephan, thanks for the term as well as the translation."
11 mins

cede s.th. to s.o.

-

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Note added at 2 hrs (2009-07-08 11:39:14 GMT)
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In the case of the sublease the tenant resigns (cedes) to the renter claims already entitled to him against lodgers together with lien to the extent of the claims of the renter as partial security.
Peer comment(s):

neutral Steffen Walter : "Assign" or "transfer" are much more common. / No, it isn't - I've translated too many property/real estate contracts to be uncertain about this.
7 mins
you can quote "cede, assign, sign away; transfer by signature" but here I believe is the word "to cede" more appropriate
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