Glossary entry

German term or phrase:

Vorkaufsberechtigung

English translation:

exercise the right of first refusal

Added to glossary by Languageman
Jun 12, 2005 14:44
19 yrs ago
1 viewer *
German term

Vorkaufsberechtigung

German to English Law/Patents Real Estate Austrian Contract of Sale
From an Austrian contract of sale for a property, referring to a declaration required from the tenant before the sale can proceed. Previous sentence relates to the tenant not exercising his pre-emptive rights (Vorkaufsrecht nicht ausüben) [I suspect that there might be a "nicht" missing before "einzulösen"]:

Vorlage einer qualifizierter Aufforderung an die Firma Schmidt gemäß § 1072 ABGB binnen der gesetzlichen Frist des § 1075 ABGB von 30 Tagen die Vorkaufsberechtigung einzulösen.

My attempt so far:

Submission of a qualifying order to the company Schmidt, in accordance with § 1072 ABGB, within the statutory period of 30 days, to exercise the **right of pre-emption**

? Aufforderung = Order
? einlösen = exercise

Discussion

Non-ProZ.com Jun 13, 2005:
Thanks Thank you all for the detailed answers, it was a great help with my translation. Points have go to Silfilla, for being so lighteningly quick, and for getting so many votes! Shame everybody else can't have some too as all the answers and notes were great!
but you are still a star ;-)
silfilla Jun 13, 2005:
Yes, that is correct. My explanation admittedly was too brief. :-)
Of course, if there is no buyer C, B is free to offer directly to A but in such a case that wouldn�t be an exercise of a �Vorkaufsrecht�.
...and then he has to offer the object/property for the same price to �A�. Now �A� is entitled to exercise his �Vorkaufsrecht� or to waive it. In case that �A� waives the �right� the contract entered between �B� and �C� comes into force.
Silfilla�s proposed translation is OK but not the explanation. Under Austrian law �Vorkaufsrecht of A� means that the seller �B� of an object/property has first to enter a contract of sale with �C�...
silfilla Jun 12, 2005:
Thanks for the compliment, Languageman (like that name) :-)
Non-ProZ.com Jun 12, 2005:
Thanks Silfilla, you're a star!

Proposed translations

+6
1 min
Selected

exercise the right of first refusal

:-)

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Note added at 5 mins (2005-06-12 14:50:07 GMT)
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although Romain offers \"right of preemption, preemptive right, and so forth,\" *right of first refusal* is the common translation. It means that XXX has to offer an object to YYY first.

File Format: PDF/Adobe Acrobat
In the event that Lessee declines to exercise its right of first refusal after ... transfer or sale is not consummated, the Lessee\'s right of first refusal ...
www.airea.com/Forms_PDF/Right_Refusal.PDF

Right of First Refusal Agreement (California corporation ...
Right of First Refusal Agreement (California corporation) | Incorporation Forms forms and agreements from Allbusiness.com.
www.allbusiness.com/forms/incorporation/136.html

Right of First Refusal and Co-Sale Agreement | Venture Capital by ...
Right of First Refusal and Co-Sale Agreement | Venture Capital forms and agreements from Allbusiness.com.
www.allbusiness.com/forms/venturecapital/303.html

Right of First Refusal Clauses in Book Contracts
Thoughts on non-compete and right-of-first refusal clauses in publishing contracts.
www.oreillynet.com/pub/wlg/4118

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Note added at 7 mins (2005-06-12 14:52:22 GMT)
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Aufforderung = request

einlösen (here) = exercise

Peer comment(s):

agree swisstell
4 mins
Thanks, Mr. Tell :-)
agree Ingrid Blank
7 mins
thanks, Ingrid :-)
agree Lydia Molea
33 mins
thanks, Lydia :-)
agree roneill : absolutely
1 hr
thanks, Rónat :-)
agree Steffen Walter
3 hrs
:-))
agree Dipl.-Kfm. Bernhard Aicher MBA : suggested translation is OK but: http://www.notar.at/de/portal/dernotar/service/rechtstipps/i...
4 hrs
yes, of course! Thanks, Bernhard :-)
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4 KudoZ points awarded for this answer. Comment: "Lightening quick and a popular vote!"
5 hrs
German term (edited): Vorlage einer qualifizierten Aufforderung ...die Vorkaufsberechtigung einzul�sen

giving of proper notice to exercise the right of pre-emption

Aufforderung is (the landlord's) notice and not a request, requisition, (court!) order or demand. In a UK leasehold enfranchisement context, it is called a tenant's 'desire notice' to purchase the freehold.

Notice in the UK is given, rather than submitted or produced.

Qualifizierter means in proper form. Qualifying is a false friend.


Vorkaufsberechtigung is the same as Vorkaufsrecht under §§ 1072 ff of the Au ABGB = Au Allgemeines Bürgerliches Gesetzbuch, as quoted in the question.

"PROPER NOTICE". Your landlord can't just raise the rent or throw you out any time he wants to. He has to follow some rules. ...






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Note added at 5 hrs 48 mins (2005-06-12 20:33:01 GMT)
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The leaseholders must first serve a Desire notice on the freeholder. ... However, disputes should be referred to the Leasehold Valuation Tribunal. ...
www.freelawyer.co.uk/vlawyer/actfile. asp?seq=1&subject1=5&subject2=7
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