Glossary entry

Dutch term or phrase:

leveringshandeling

English translation:

act of delivery

Added to glossary by Arsen Nazarian
May 26, 2005 08:54
19 yrs ago
2 viewers *
Dutch term

leveringshandeling

Dutch to English Law/Patents Law (general)
concerns transfer of shares

De voor de wet vereiste samengestelde leveringshandelingen, te weten (i) rechtshandeling strekkende tot overdracht ...

Zolang niet het vereiste, hiervoor weergegeven samenstel van leveringshandelingen voor een overdracht heeft plaatsgevonden,

What is the difference between "levering" and "overdracht"?
Proposed translations (English)
4 +2 act of delivery
4 +1 transfer
Change log

May 26, 2005 09:25: writeaway changed "Field" from "Law/Patents" to "Bus/Financial"

May 26, 2005 20:59: Deborah do Carmo changed "Field" from "Bus/Financial" to "Law/Patents"

Discussion

Deborah do Carmo May 26, 2005:
Have changed this back to a legal question - the concepts of delivery and transfer are very distinct in law and this is therefore most definitely a legal question

Proposed translations

+2
16 mins
Selected

act of delivery

As the text makes clear, a number of acts of delivery will make a transfer complete.

As long as the required combination of acts of delivery for a transfer, as described, have not been performed ...


Peer comment(s):

agree Marjon van den Bosch : act of delivery (Kramer's Business Woordenboek); overdracht is transfer or conveyance of something (or: carry-ver in bookeeping)
4 hrs
Yes, overdracht can consist of a number of (physical) acts of delivery which, when completed, will form the "rechtshandeling", the transfer. At least, this is what the text tries to make clear imho.
agree Deborah do Carmo : this is definitely a legal question - only act(s) of delivery PLUS an intention to transfer can constitiute a transfer of title in law
11 hrs
Thanks Deborah. Yes, especially for: " ... de voor de wet vereiste samengestelde leveringshandelingen..."
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4 KudoZ points awarded for this answer. Comment: "Graded automatically based on peer agreement."
+1
1 hr

transfer

As`far as I know, levering and overdracht are one and the same thing in English. The concept of "rechtshandeling", too, is a very nebulous one in English law, and South African law for that matter. It is best left untranslated

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Note added at 6 hrs 8 mins (2005-05-26 15:02:30 GMT)
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Fockema Andreae\'s Juridisch Woordenboek defines \"Rechtshandeling\" as \"handeling verricht met de bedoeling bepaalde rechtgevolgen in het leven te roepen. Worden geen rechtsgevolgen beoogd dan worden die handelingen als andere handelingen geclassificeerd.\" Rechtshandelingen kunnen eenzijdig zijn. The most common used translation is \'juristic act\'.

This term, Black Law\'s Dictionary defines as \'One designed to have a legal effect, and capable thereof. An act of a private individual directed to the origin, termination or alteration of a right\'.

My point is that all of these aspects are already inherent in the concept of \'transfer\' or \'delivery\'. It is one of those words which does not add anything to the translation or to the information conveyed to the reader of the translated English-language text.

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Note added at 23 hrs 3 mins (2005-05-27 07:57:20 GMT)
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In the Netherlands and other continental European countries, there is no physical delivery of shares (share certificates). Transfer is effected by the \"Centrum voor Fondsen Administratie BV.\" Delivery and transfer have therefore been combined into a single operation. Obviously, shares (share certificates) can be passed on to third parties without actually transferring them, such as for safekeeping or for purposes of collateral security. But that is a not what we are dealing with here.
Peer comment(s):

agree writeaway : could rechtshandeling be slipped in just as legal transaction?/thanks Jarry-I saw juristic act, but of course that would seem pretty much out of place here. so your recommendation is to drop it?
1 hr
Thanks. See more info above. Yes, absolutely. It would merely puzzle the average English-speaking reader and make lawyers/barristers, etc. run to their libraries.
neutral Deborah do Carmo : in law delivery and transfer are different concepts - delivery per se does not lead to a transfer, it has to be accompanied by an intention to transfer title to something .//I know but delivery in law doesn't have to be physical + is not same as transfer
10 hrs
See my comment on the procedure in use in the Netherlands and other continental European countries..
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