Glossary entry

German term or phrase:

Schuldbekenntnis

English translation:

acknowledgement of a debt

    The asker opted for community grading. The question was closed on 2017-12-22 12:54:08 based on peer agreement (or, if there were too few peer comments, asker preference.)
Dec 18, 2017 19:19
6 yrs ago
1 viewer *
German term

Schuldbekenntnis

Non-PRO German to English Law/Patents Finance (general) real estate/Powers of authorized rep
Whole phrase: the authorized rep can "ein persönliches Schuldbekenntnis abgeben".
This is one of a list of powers in respect to a property transaction.
This being a property transaction, I am not sure that the usual translations of "admission of guilt" etc. (more suited to criminal law rather than real estate law) apply.
Any pointers gratefully received.
Proposed translations (English)
3 +8 acknowledgement of a debt
Change log

Dec 18, 2017 22:14: writeaway changed "Field (write-in)" from "Powers of authorized rep" to "real estate/Powers of authorized rep"

Votes to reclassify question as PRO/non-PRO:

PRO (2): Steffen Walter, Daniel Arnold (X)

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Discussion

Björn Vrooman Dec 20, 2017:
@Anna There is absolutely nothing wrong with "Schuldbekenntnis."

A fewer-than-five-minute search for "Grundstück" and "Schuldbekenntnis" will get you:
https://www.notariate.zh.ch/deu/grundbuch/grundpfandrechte/s...
https://www.notariate.zh.ch/deu/grundbuch/grundpfandrechte/s...
https://www.hypothekar-kredit.ch/hypothekarische-sicherung/p...

It's a Swiss word and part of the "Obligationenrecht," e.g., see "Art. 17":
https://www.admin.ch/opc/de/classified-compilation/19110009/...

This doesn't change the proposed translation:
https://www.admin.ch/opc/en/classified-compilation/19110009/...

But it's curious that no one has pointed that out yet.

Best
Glenn Brigaldino Dec 19, 2017:
as written, it means admission of guilt. If it were financial, then debts are Schulden. Admitting one has debts (presuming it was not known before) is translated as "Eingestaendnis Schulden zu haben'. Final answer depends on having more context to look at.
Anna Morvern (asker) Dec 18, 2017:
@Johanna Thank you so much - that seems to be much more plausible and to fit - and I would probably have got lost down other avenues of research - so thanks!

Proposed translations

+8
8 mins
Selected

acknowledgement of a debt

I think this might refer to SchuldANERkenntnis, see BGB below:

§ 781
Schuldanerkenntnis
1Zur Gültigkeit eines Vertrags, durch den das Bestehen eines Schuldverhältnisses anerkannt wird (Schuldanerkenntnis), ist schriftliche Erteilung der Anerkennungserklärung erforderlich. 2Die Erteilung der Anerkennungserklärung in elektronischer Form ist ausgeschlossen. 3Ist für die Begründung des Schuldverhältnisses, dessen Bestehen anerkannt wird, eine andere Form vorgeschrieben, so bedarf der Anerkennungsvertrag dieser Form.

Section 781
Acknowledgement of a debt
For a contract by which the existence of an obligation is acknowledged (acknowledgement of debt) to be valid, the declaration of acknowledgement must be made in writing. The declaration of acknowledgement may not be made in electronic form. If another form is prescribed to create the obligation whose existence is being acknowledged, then the acknowledgement contract requires this form.
https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb...
Peer comment(s):

agree TonyTK
10 mins
agree philgoddard
19 mins
agree Heike Holthaus
29 mins
agree Kim Metzger
29 mins
agree AllegroTrans
4 hrs
agree Ramey Rieger (X)
11 hrs
agree writeaway
12 hrs
agree Steffen Walter
1 day 14 hrs
neutral Daniel Arnold (X) : it's certainly right, but I do think that it should be liability rather than debt in strict legal lingo. These "Gesetze im Internet" translations are frequently less than perfect.
2 days 3 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks, this fits in this context of a real estate/property transaction."
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