dinglich belasten

English translation: encumber

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:dinglich belasten
English translation:encumber
Entered by: Joe Tamblyn

14:02 Aug 18, 2017
German to English translations [PRO]
Law/Patents - Law: Contract(s) / Licensing agreements
German term or phrase: dinglich belasten
Here's the whole sentence, from a licensing agreement:

"Der LIZENZNEHMER ist nicht berechtigt, die ihm in diesem VERTRAG eingeräumten Rechte an einen Dritten zu übertragen, zu verpfänden oder diese anderweitig dinglich zu belasten."

What is "dinglich belasten"? "materially encumber," or something to that effect? The Licensor makes lamps and light sources.
Dr. Andrew Hudson
United States
Local time: 10:58
assign, pledge or otherwise encumber the rights...
Explanation:
"in rem" is sometimes added. Hypothecation is not wrong, but it is mostly used in a financial services context and seems to be used much less frequently in contracts than encumbrance.

https://www.sec.gov/Archives/edgar/data/927653/0001193125140...


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Note added at 22 hrs (2017-08-19 12:26:15 GMT)
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As suggested below, the answer should simply read "encumber". Also, in my opinion, the "in rem" aspect is satisfied by being used in the context of "dingliches Recht", which it clearly is.
Selected response from:

Joe Tamblyn
Germany
Local time: 16:58
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2assign, pledge or otherwise encumber the rights...
Joe Tamblyn
2 +1hypothecate
Ramey Rieger (X)
3subject the rights to encumbrances in rem
Sebastian Witte
Summary of reference entries provided
See also ...
Steffen Walter

  

Answers


6 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
hypothecate


Explanation:
http://www.dictionary.com/browse/hypothecate

verb
1.
(transitive) ( law) to pledge (personal property or a ship) as security for a debt without transferring possession or title
2.
to allocate the revenue raised by a tax for a specified purpose See also bottomry

Ramey Rieger (X)
Germany
Local time: 16:58
Native speaker of: English
PRO pts in category: 74

Peer comments on this answer (and responses from the answerer)
agree  Lancashireman: Weigh me down with that thing.
10 mins
  -> Just don't hurt yourself.

neutral  philgoddard: You haven't explained your rationale. What does "dinglich" mean?
1 hr
  -> materially/tangibly, I though my low CL and lack of explanation were self-evident.
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19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
assign, pledge or otherwise encumber the rights...


Explanation:
"in rem" is sometimes added. Hypothecation is not wrong, but it is mostly used in a financial services context and seems to be used much less frequently in contracts than encumbrance.

https://www.sec.gov/Archives/edgar/data/927653/0001193125140...


--------------------------------------------------
Note added at 22 hrs (2017-08-19 12:26:15 GMT)
--------------------------------------------------

As suggested below, the answer should simply read "encumber". Also, in my opinion, the "in rem" aspect is satisfied by being used in the context of "dingliches Recht", which it clearly is.

Example sentence(s):
  • will be validly issued and freely transferable and free and clear of any liens, charges and other encumbrances (dingliche Belastungen)

    https://www.lawinsider.com/clause/encumbrance
    https://www.sec.gov/Archives/edgar/data/927653/000119312514026613/d664969dex102.htm
Joe Tamblyn
Germany
Local time: 16:58
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Karolin Schmidt: Perhaps you could change the answer to include only "encumber"
26 mins
  -> good thinking, thank you

agree  Andreea Sepi, MCIL (X)
1 hr
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2 days 1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
Rechte dinglich belasten
subject the rights to encumbrances in rem


Explanation:
.

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Note added at 2 days1 hr (2017-08-20 15:47:59 GMT)
--------------------------------------------------

https://english.stackexchange.com/questions/45761/to-be-subj...

Sebastian Witte
Germany
Local time: 16:58
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 103
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Reference comments


48 mins peer agreement (net): +2
Reference: See also ...

Reference information:
http://www.proz.com/kudoz/german_to_english/law_contracts/19...
http://www.proz.com/kudoz/german_to_english/real_estate/5964...

Did you perform a term search - http://www.proz.com/search - for 'dinglich' or 'dingliche'?

Steffen Walter
Germany
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 678

Peer comments on this reference comment (and responses from the reference poster)
agree  philgoddard
1 hr
agree  Sebastian Witte
2 days 52 mins
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