Glossary entry

English term or phrase:

alienation vs transfer

Polish translation:

zbycie vs przeniesienie/transfer

Added to glossary by Darius Saczuk
Apr 25 13:38
14 days ago
21 viewers *
English term

alienation vs transfer

English to Polish Law/Patents Law: Contract(s) Labor Union Benefits
The above terms come from a labor union's legal services plan.

Here is the whole context (also posted yesterday):

ENCUMBRANCE OF BENEFITS. No monies, property or equity, of any nature whatsoever, in the assets of the Plan, or the benefits, or the monies payable therefrom shall be subject, in any manner, by an Employer or a Member to anticipation, alienation, transfer, assignment, pledge, encumbrance, garnishment, lien or charge.

Thanks in advance for all suggestions.

Discussion

From the definitions I found, there is nary a difference between alienation and transfer, with alienation begin a bit more general.
Darius Saczuk (asker) Apr 25:
Thanks again.
Sakshi Garg Apr 25:
Sure You can refer to the references I posted. Those will give you a detailed info.
Sakshi Garg Apr 25:
You could translate this as: ...przez Pracodawcę lub Członka, przewidywaniu, zbyciu, przeniesieniu, cesji, zastawowi, obciążeniu, zajęciu, hipotece czy obciążeniu.

Proposed translations

11 mins
Selected

zbycie vs przeniesienie/transfer

hth
Note from asker:
Dziękuję, Karol.
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4 KudoZ points awarded for this answer. Comment: "Thank you, Karol."
38 mins

zbycie vs przeniesienie

Things employers need to know about Polish labor and employment laws....
https://www.rippling.com/blog/labor-employment-law-in-poland

https://www.bnpparibas.pl/_fileserver/item/1540233


NOTE:
There is a difference between //zbycie// and //sprzedaż// (sale), indicating that former can involve broader legal transactions not limited to sales
https://www.prawo.pl/prawnicy-sady/zbycie-to-nie-to-samo-co-...

This also defines //zbycie// as //to sell something//
https://wsjp.pl/haslo/podglad/19757/zbyc/2813358/towar

Here is the definition of //przeniesienie// as //to change the place of temporary or permanent stay//
https://sjp.pwn.pl/slowniki/przeniesienie


Note from asker:
Thank you, Sakshi.
Something went wrong...

Reference comments

12 mins
Reference:

this may be useful

https://en.wikipedia.org/wiki/Anti-alienation_clause

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Note added at   13 min (2024-04-25 13:51:29 GMT)
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The anti-alienation provisions require these trusts to prohibit the alienation or assignment of pension benefits to anyone other than the affected participant in the plan, or his/her designated beneficiaries.

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Note added at   15 min (2024-04-25 13:53:29 GMT)
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https://rosen-co.com/inswords/aaa/a321.htm

alienation of benefits

Refers to a situation when someone other than the plan participant is designated to receive a pension benefits, such as a creditor attempting to garnish pension benefits to pay for a defaulted loan. Federal law generally forbids alienation of benefits.
Note from asker:
Thank you, Liz.
Peer comments on this reference comment:

agree Frank Szmulowicz, Ph. D.
30 mins
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1 hr
Reference:

alienation vs. transfer

alienation
n. the transfer of title to real property, voluntarily and completely. It does not apply to interests other than title, such as a mortgages.
https://legal-dictionary.thefreedictionary.com/alienation

Alienation (property law), the legal transfer of title of ownership to another party
https://en.wikipedia.org/wiki/Alienation

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Transfer: The process of parting with a piece of property or any interest therein and vesting it to someone else.
Alienation: A general term for any means of giving up title to a property.
https://egyetemi.anglofon.hu/blog/difference-between-transfe...

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transfer

Transfer is an act by virtue of which title of a property is voluntarily conveyed from one person to another. It is a way of disposing of a property or an asset in the form of sale, money transfer, lease, license, lien, gift, etc. Transfer may or may not involve a legal process. For instance, a friendly transfer of money between friends does not require due validation of law; however, a transfer of a real estate asset requires title transfer, legal documentation, and requisite registrations.

https://www.law.cornell.edu/wex/transfer#:~:text=Transfer is...

Alienation refers to the process of a property owner voluntarily giving or selling the title of their property to another party. When property is considered alienable, that means the property is able to be sold or transferred to another party without restriction.

Some properties may be subject to a restraint on alienation, that can prohibit the property owner from transferring or selling the property to another party.

Alienation typically refers to transfers done when the property owner is alive but can also include transfers done when the property owner has died. Property can be alienated through a sale, mortgage, lease, or bail. Alienation becomes effective as soon as the property is transferred.

https://www.law.cornell.edu/wex/alienation
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