Nov 16, 2020 23:25
3 yrs ago
17 viewers *
Dutch term

fidei commissaire goederen

Dutch to English Bus/Financial Law: Contract(s) bequests
"Ten aanzien van het Fidei Commis geldt dat geen der begiftigde bij wege van schenking over de Fidei Commissaire goederen mag beschikken behoudens ten gunste van zijn nakomelingen."

A father is giving his sons depositary receipts for bearer shares in the capital of a holding company.

Wikipedia says "fideicommissum is a type of bequest in which the beneficiary is encumbered to convey parts of the decedent's estate to someone else."

Does this mean that neither of the sons (donees) can take possession of the goods subject to a fideicommisum arrangement except for the benefit of their children? How does "bij wege van schenking" fit in?

Thanks for your input.
Proposed translations (English)
4 +1 Trust ( Fee tail)

Discussion

Maria Danielson (asker) Nov 17, 2020:
Thanks! Thanks for your suggestions and discussion, Tina, Steve and Mohammed. I am not choosing "fee tail" because it appears to pertain to land, and this case is related to securities.
Steve Robbie Nov 17, 2020:
Agree with Tina about the reading.
If your text explains what the arrangement is, you could perhaps refer to the "assets subject to the fideicommissum".

At a pinch, you could perhaps refer to them as "entailed" assets. Entailment is the legal concept that Mohammed Abd el Aziz's suggestion is driving at. However, in English it is specific to real estate and is obsolete anyway, so it won't necessarily be helpful to your reader.
Tina Vonhof (X) Nov 17, 2020:
The way I read it is that none of the recipients (his sons) may give (bij wege van schenking) the Fidei Commissaire goederen to anyone else except their own children.

Proposed translations

+1
5 hrs

Trust ( Fee tail)

Peer comment(s):

agree Adrian MM. : Trust assets or settlement of personalty vs. a strict settlement of land: "bij wege van schenking" > 'don't touch' > no disposal by way of gift www.proz.com/personal-glossaries/entry/18983528-fide?-commi...
1 day 6 hrs
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