Italian term
l'acquirente succede al venditore nel possesso
L'acquirente succede al venditore nel possesso del bene in contratto, anche ai sensi dell'art. 1146 del Cod. Civ.
This sentence is in the articolo - modalità, effetto traslativo, servitù e patti speciali.
I'm unsure as to the meaning of "succede al venditore nel possesso" in this context.
Thank you for any help.
Jun 24, 2024 09:26: Yana Dovgopol changed "Vetting" from "Needs Vetting" to "Vet OK"
Jun 24, 2024 09:26: Yana Dovgopol changed "Kudoz queue" from "In queue" to "Public"
Proposed translations
the buyer will obtain possession from the seller
the buyer is subrogated in possession to the seller (vested in possession as successor-in-title to)
In a probate sale, the parties would be buyer & seller (user-friendly UK conveyancing terminology since 1980) vs. purchaser/ vendor pre-1980 or in antiquated Chancery-speak.
Otherwise, transferor-transferee would get round the English land-law trap of a purchaser including a mortgagee.
(non-insurance) subrogation *in* a right *to* another party in whose shoes the subrogee now stands (is substituted) ..
UK Law of Property Act 1925 Purchaser is defined as ‘a purchaser in good faith for valuable consideration and includes a lessee, *mortgagee (mortgage lender!) or other person who for valuable consideration acquires an interest in property (s.205(1)(xxi)
possession or enjoyment of the thing in question. In the definition of fixed entitlement, 'vested' includes both vested in possession and vested in interest.
http://www.proz.com/kudoz/italian-to-english/law-general/3377009-interversione-nel-possesso.html
http://www.olslaw.com/blog/2018/06/what-is-subrogation-in-real-estate/
The purchser substitutes himself as the lawful owner
Keep it simple.
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