"title" vs "proprietary rights" vs "interests"
Ukrainian translation: право власності vs речові права vs права/частки в майнi
| 15:07 May 14, 2008 |
| English to Ukrainian translations [PRO] Law/Patents - Law: Contract(s) | |||||||
|---|---|---|---|---|---|---|---|
|
| ||||||
|  Selected response from: Nadezhda Kirichenko Local time: 02:08 | ||||||
Grading comment
| |||||||
| Summary of answers provided | ||||
|---|---|---|---|---|
| 5 | право власності vs речові права vs права/частки в майнi |
|
| Discussion entries: 7 | |
|---|---|
Answers
1 hr confidence: 
право власності vs речові права vs права/частки в майнi Explanation: а далi, пояснення (взагалi, iснують варiацiї перекладу): -------------------------------------------------- Note added at 1 hr (2008-05-14 17:03:17 GMT) -------------------------------------------------- http://www.civilniy.org.ua/ Цивільний кодекс України Книга третя. Право власності та інші речові права -------------------------------------------------- Note added at 2 hrs (2008-05-14 17:11:07 GMT) -------------------------------------------------- title (2006). In Collins Dictionary of Law. Retrieved May 14, 2008 in general terms a title to an asset relates both to a person's right to enjoyment of that asset and the means by which that right has accrued and by which it is evidenced. Thus, for example, a stock or share certificate is evidence of the right of the person named therein to ownership of the specified amount of stock or shares. In relation to land, titles may be either registered or unregistered. The Land Registration Act 1925 provides for four types of registered title, each backed up by a state guarantee; the different types of title correspond to the extent of that guarantee. These are an absolute title, a good leasehold title, a possessory title and a qualified title. Registration with an absolute FREEHOLD or leasehold title confers a full guarantee against claims arising before or after first registration; registration with a good leasehold guarantees that the LEASE is valid but does not guarantee that the freehold or other superior interest out of which the grant was made is valid; registration with a qualified title guarantees against all claims except those deriving from a specified instrument or specified circumstances. In the case of land subject to the Land Registration Acts, a proprietor's title is constituted by the entry of his name on the register; the LAND CERTIFICATE that is issued constitutes evidence of that title. In the case of land not subject to the Land Registration Acts (see UNREGISTERED LAND), title is shown by tracing transactions affecting the land from deeds that constitute a good root of title, ending with the deeds transferring the land to the current owner. The deeds relating to each of these transactions are referred to as links in what is known as the chain of title; the last link, obviously, is the conveyance to the current owner. For a deed to qualify as a good root, it must: (1) deal with the whole legal and beneficial interest in the land; (2) cast no doubt on the validity of the title; (3) relate to a transaction for valuable consideration; and (4) relate to a transaction effected at least 15 years before the date of the transaction sought to be effected. In relation to GOODS, an inaccurate summary of the detailed legal rule that follows would be to say that a seller or supplier in relation to other suppliers of goods promises the buyer that the buyer will be the owner of the goods and be able to enjoy the fruits of that ownership. In a contract of sale of goods other than one in which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have, there is an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods and in the case of an agreement to sell he will have such a right at the time the property is to pass. There is also an implied warranty that: (1) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made; (2) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. In a contract where it appears from the contract or is to be inferred from its circumstances that there is an intention that the seller should transfer only such title as a third person may have, there is an implied warranty that all charges or encumbrances known to the seller have been disclosed to the buyer before the contract is made. In such a contract there is also an implied warranty that none of the following will disturb the buyer's quiet possession of the goods, namely: (1) the seller; (2) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person; (3) anyone claiming through the seller or that third person otherwise than under a charge or encumbrance disclosed or known buyer before the contract is made ******** title n (© 1996 by Merriam-Webster Inc.) [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property; broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title; also : a doctrine that requires such vesting - compare estoppel by deed at estoppel 1 The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property had clear title to the farm; broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principles to be the owner of property even though legal title is vested in another the purchaser under a contract for sale had equitable title to and an insurable interest in the property; specif : the right to receive legal title upon performance of an obligation good title : title to property (as a negotiable instrument or real property) that is valid in fact or law or beyond a reasonable doubt a holder in due course acquires good title to the item; esp : marketable title in this entry Indian title : title held by American Indians that consists of the right to occupy certain land with the permission of the United States government appears to be no question that Congress may limit or extinguish Indian title, and any rights appurtenant to the title, without obtaining the consent of the Indian peoples - In re Rights to Use Water in Big Horn River Sys., 753 P.2d 76 (1988) - compare reservation just title in the civil law of Louisiana : a juridical act (as a sale or donation) sufficient to transfer ownership or a real right; also : the title that derives from such an act have a just title For the purposes of acquisitive prescription, the requirement of just title is satisfied by an act that would have been sufficient to transfer ownership if it had been executed by the true owner. legal title : title that is determined or recognized as constituting formal or valid ownership (as by virtue of an instrument) even if not accompanied by possession or use the trustee held legal title to the property retained legal title to the goods until the debt was paid - compare legal interest at interest 1 lucrative title \lü-kr-tiv-\ : title to property acquired by gift, succession, or inheritance the property acquired by lucrative title remained the separate property of the spouse marketable title : title that is subject to no reasonable doubt as to its validity or freedom from encumbrance and that can be reasonably sold, purchased, or mortgaged seller warrants that seller has marketable title to the property; specif : title of such quality that a purchaser under contract should be compelled to accept it - called also merchantable title Clear title and good title are commonly used to indicate marketable title. onerous title 1 in the civil law of Louisiana : title that depends on the giving of consideration for the property 2 : title to property that is acquired through the labor or skill of a spouse and is included in community property paper title : title shown on a document had an equitable interest in the property though paper title was held by her husband paramount title \par--mant-\ : title that renders inferior any other title to the property warranted that the purchaser would have quiet enjoyment free from disturbance by one holding paramount title particular title in the civil law of Louisiana : title by which one possesses or owns particular property received (as by purchase, gift, or legacy) before or after the death of an ancestor a successor by particular title does not continue the possession of his ancestor - A. N. Yiannopoulos - see also particular legacy at legacy - compare universal title in this entry record title : title shown on the public record tax title : title obtained by the purchaser of property at a tax sale; also : title held by a governmental body to property seized because of tax delinquency universal title : title acquired by the conveyance causa mortis of a specified proportion (as one-fourth) of all of the conveyor's property interests or all of a specified type of the conveyor's property interests esp. so that upon the conveyor's death the recipient stands as a universal successor was a legatee under universal title b : an instrument (as a deed) that is evidence of ownership c : certificate of title 1a paid tax and ~ fees 2 a : the name or heading of something (as a proceeding, statute, or book) b often cap : a division of a statutory or regulatory code or of an act Title IX ***** title n. 1. A person's right of ownership of property. Someone with a good title has adequate evidence to establish his right. See absolute title; qualified title; title deeds. 2. The heading of an Act of Parliament, which may be a long title or a short title. 3. The name of a particular court action, which is derived from the heading of the originating process that initiated it. "title n." Oxford Dictionary of Law. Ed. Elizabeth A. Martin and Jonathan Law. Oxford University Press, 2006. Oxford Reference Online. Oxford University Press. -------------------------------------------------- Note added at 2 hrs (2008-05-14 17:31:48 GMT) -------------------------------------------------- ****** INTEREST interest n. 1. In land law, a right in or over land. It may comprise equitable ownership of the land (such as the interest of the tenant for life under a settlement), where the legal estate is owned by trustees; or the benefit of some other right over the land of another, such as an easement or rentcharge. Interests of the latter type can be legal or equitable, but under the Law of Property Act 1925 only interests owned on terms equivalent to a fee simple absolute in possession or a term of years absolute qualify as legal interests. A person interested in land is one who has rights in it. See also equitable interests. 2. In general language, a charge made for borrowing a sum of money. For taxation purposes, there is no statutory definition of interest. In Bennett v Ogston [1930] 15 TC 374, 379, Mr Justice Rowlatt defined it as “payment by time for the use of money”; Halsbury's Laws of England defines it as “the return or compensation for the use or retention by one person of a sum of money belonging to, or owed to, another”. An excessive payment cannot be interest (Cairns v MacDiarmid [1982] STC 226). The fact that time is used to measure a payment does not suffice to make the payment interest when there is no principal debt (Re Euro Hotel (Belgravia) Ltd [1975] 3 All ER 1075 (Ch)). "interest n." Oxford Dictionary of Law. Ed. Elizabeth A. Martin and Jonathan Law. Oxford University Press, 2006. Oxford Reference Online. Oxford University Press. ******* INTEREST noun 1. A charge to be paid for borrowing money, usually calculated as a percentage of the amount borrowed ○ The building society charges interest of 13% on its credit card. 2. Money paid as income on investments or loans ○ to receive interest at 5% ○ The bank pays 10% interest on deposits. 3. A right, title or legal share in something ○ He has interests overseas, □ to declare an interest to state in public that you have a right or title to something or a connection with it which means that you are not impartial 4. Special attention ○ The police showed a lot of interest in the abandoned car. See public interest □ to somebody's interest which might interest somebody ○ I have information which might be to your interest. ■ plural noun interests □ to be in somebody's best interests to be the right thing to do in order to benefit or protect somebody ○ The judge ruled that it was in the child's best interests to remain with his natural mother. ■ verb To attract someone's attention ○ He tried to interest several companies in his new invention, □ interested in paying attention to ○ The managing director is interested only in increasing profitability. Copyright © A&C Black 2007 interest. (2007). In Dictionary of Law. Retrieved May 14, 2008 ******* interest \in-trst; in-t-rst, -rest\ n [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest 2 in this entry beneficial interest : the right to the use and benefit of property a beneficial interest in the trust contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event - compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief claimed an equitable interest in the debtor's assets executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting of a prior interest or one created simultaneously Unlike a remainder, an executory interest does not require the expiration of a prior interest. It was designed to guard against the destructibility of contingent remainders set forth in the rule in Shelley's case. expectation interest : the interest of a party to a breached contract in receiving the benefit of the bargain by being put in a position as good as that which would have resulted had the contract been performed - called also expectancy interest - compare reliance interest in this entry future interest : an interest in property limited or created so that its owner will come into the use, possession, or enjoyment of it at some future time - see also contingent interest and executory interest in this entry - compare remainder, reversion insurable interest : an interest or stake in property or in a person that arises from the potential for esp. financial loss upon the destruction of the property or the death of the person and that is a requirement for enforcing an insurance contract The purpose of requiring an insurable interest is to prevent the use of insurance as a form of gambling or as a method of profiting from destruction. legal interest : an interest that is recognized in law (as by legal title) - compare equitable interest in this entry legal title at title life interest : an interest lasting for the duration of a person's life that forecloses the ability to affect the property beyond that term - compare life estate at estate 1 possessory interest : an interest (as a right) involving or arising out of the possession of property A possessory interest is based on control rather than use. Thus a lessee who occupies and controls the use of property has a possessory interest, while a party who has an easement does not. purchase money security interest 1 : the security interest held by the seller of collateral to secure payment of all or part of the price 2 : the security interest of a person that gives value to a debtor so that the debtor may acquire rights in or the use of collateral reliance interest : the interest of a party to a breached contract in being compensated for detriments suffered (as expenses incurred) in reliance on the agreement - compare expectation interest in this entry reversionary interest : an interest in property (as a possibility of reverter or a power of termination) remaining in the transferor of the property or in his or her successor in interest security interest 1 : an interest in property that exists by contract as security for payment or performance of an obligation the security interest of a mortgagee in the mortgaged property; also : lien While a lien may be created by statutory or judicial means without any agreement providing for security (as in the case of a tax lien or judgment lien), a security interest and lien may inhere in the same claim, as when a mortgage comprises both a lien on and security interest in the mortgaged property. 2 : an interest in personal property or fixtures created by a security agreement that secures payment or performance of an obligation the creditor had a security interest in the inventory and accounts receivable of the business - called also Article Nine security interest - see also attach 3, 2perfect b, purchase money security interest in this entry Security interests in personal property are governed by Article 9 of the Uniform Commercial Code. The security interest set out in Article 9 largely replaces the traditional devices for security, such as the pledge and chattel mortgage. A security interest in property that has attached enables a creditor to obtain satisfaction of a debt out of the property without the need to obtain a judgment in court and levy on the property. Further, it provides the creditor with priority over competing claims against the property. terminable interest : an interest (as in a life estate) that will terminate upon the occurrence of an event or the passing of time vested interest : a present and certain right to the present or future enjoyment of property - compare contingent interest in this entry working interest : the interest of a party that holds the right to oil, gas, or minerals on a property and that bears production costs - see also overriding royalty 2 : a specific concern or level of involvement (as financial involvement) esp. that warrants recognition or causes bias had a right to intervene because of an ~ in the litigation recused himself due to an ~ in the matter - see also conflict of interest 3 : something that causes or warrants particular attention: as a : a principle, purpose, or object of concern compelling state interest : a governmental interest (as in educating children or protecting the public) which is so important that it outweighs individual rights public interest 1 a : the general welfare and rights of the public that are to be recognized, protected, and advanced the attorney general has standing as a representative of the public interest b : a specific public benefit or stake in something the public interest in controlling crime 2 : the concern or attention of the public a matter of widespread public interest b : a right esp. that arises from a constitution (as the U.S. Constitution); esp : such a right considered as an issue or claim created in or involving a particular situation or thing no person will be deprived of his ~s in the absence of a proceeding in which he may present his case - Marshall v. Jerrico, Inc., 446 U.S. 238 (1980) liberty interest : an interest in freedom from governmental deprivation of liberty esp. without due process the liberty interest implicated by the needless discouragement of the exercise of the right to counsel - State v. Albert, 899 P.2d 103 (1995) (dissent) privacy interest : an interest in freedom from governmental intrusion into matters in which one has a reasonable expectation of privacy we have no privacy interest protected by the federal Constitution in limiting public or government access to knowledge of our financial transactions - L. H. Tribe property interest : an interest in freedom from governmental deprivation of property and sources of financial gain (as employment or a government benefit) without due process; broadly : something (as a job or benefit) to which one has a legitimate claim of entitlement and that cannot be taken away without due process as distinguished from the unprotected object of a need, desire, or expectation 4 : the well-being of a person - often used in pl. does not serve the child's best ~s 5 : a charge for the use of another's money that is usu. a percentage of the money being used an account yielding 7% ~ paid back the loan with ~ compound interest : interest computed on the sum of the original principal and accrued interest legal interest : a lawful interest rate and esp. the highest rate allowed proposals to increase the legal interest on department store credit cards to 15% - American Banker; also : interest computed at such a rate awarded the defendant legal interest - compare usury qualified residence interest : interest that is deductible from adjusted gross income under federal tax law when it is paid on debt that is secured by one's residence and that was incurred for the acquisition, construction, improvement, or refinancing of the residence or through a home equity loan simple interest : interest computed on the principal of a loan or account © 1996 by Merriam-Webster Inc. |
| |
Grading comment
| ||
| 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.
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:
Search millions of term translations