Glossary entry

German term or phrase:

gemeinnütziges Eigentum

English translation:

property of a non-profit partnership

Added to glossary by Reuben Proctor
Apr 29, 2007 10:39
17 yrs ago
German term

gemeinnütziges Eigentum

German to English Law/Patents Real Estate
1969 wurde die gemeinnützige Landbauforschungsgesellschaft begründet, mit dem Zweck, die Höfe aus Privateigentum in *gemeinnütziges Eigentum* zu überführen.
Change log

May 2, 2007 12:52: Steffen Walter changed "Field" from "Bus/Financial" to "Law/Patents" , "Field (specific)" from "Business/Commerce (general)" to "Real Estate"

Discussion

Reuben Proctor (asker) Apr 29, 2007:
Further context: The text refers to a bio-dynamic farm. The transfer from private ownership to the other form had the purpose of ensuring that the property remained dedicated to furthering bio-dynamic agriculture (by excluding the possibilities of future bequest or sale). My problem is finding a term which includes this legal aspect.
Kcda Apr 29, 2007:
Eigentum is essentially property here in this context. There are so many ways of expressing gemeinnütziges: charitable/non-commercial etc. The private properties are now non-commercial. Readership? Is more context possible?

Proposed translations

+1
1 hr
Selected

farms were to be transferred from private property

the farms were to be transferred from private property to the property of the charitable / non-profit organization.

This is the only meaning that makes sense to me. A charitable / not-for-profit company gets tax relief and must serve certain public purposes. It's not that common to talk about gemeinnütziges Eigentum - the idea is the Eigentum of the gemeinnützige Gesellschaft.

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Note added at 2 hrs (2007-04-29 13:19:44 GMT)
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Google suggests this is the Bauckhof, which is apparently a GmbH & Co. KG - nothing cooperative about it.

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Note added at 4 hrs (2007-04-29 14:55:59 GMT)
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To asker: I don't know anything more about the Bauckhof, but I assume that the non-profit partnership (KG is a partnership, but I wrote about companies above) owns land but not only land. The land is now owned by a non-profit partnership. If it remained private property, it could be left by will or pass on intestacy to the wrong kind of farmers! But instead, it remains the property of the partnership, and as long as the partnership exists, it will not pass elsewhere by inheritance. But if the partnership fails, it will presumably become private property again. It is property held by a non-profit organization. It's not the question of the GmbH & Co KG or a gGmbH or whatever (is it a gGmbH) being sold or bequeathed, but the land itself. You seem to confuse the land and the partnership.
If you write 'cooperative', then in this legal context you will be understood as referring to a Genossenschaft, which it isn't. Nor do three farms have anything to do with the communal areas associated with Eigentumswohnungen.

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Note added at 20 hrs (2007-04-30 07:23:47 GMT)
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This is my last comment to Kcda. We are entitled to disagree! The terminology is 'non-profit' or 'charitable' (the latter is certainly the common British term). (Nomenclature=terminology?)
I would not say 'non-profit property/ownership' or 'charitable property/ownership', but maybe one could. So I say 'ownership/property of a charitable/non-profit partnership'. I have stuck very close to the text. I would advise against interpreting gemeinnützig to mean joint / common. Legal texts should not be translated too freely. This is a legal question IMO.
Note from asker:
You are right, it is the Bauckhof. What had me somewhat confused was the idea that the property should be unbequeathable / unsaleable due to its status as "gemeinnütziges Eigentum", as I should have thought that a gGmbH can be bequeathed / sold (someone has to be the owner, right?)
Peer comment(s):

agree Paul Cohen : Thanks for the exhaustive explanation, Margaret. It looks like "... to transfer the farm(s) from private ownership to a non-profit partnership" would be a good translation.
4 hrs
neutral Kcda : I am not confusing these. I am saying nomenclature is missing! Example: "communal living space" this is brief but wrong nomenclature for what is sought. Yours is not like the fictional example, it is not far off but nor is it concise/decisive!
18 hrs
You think gemeinnützig means gemeinsam, or Miteigentum, but I disagree. Gemeinnützig benefits the community too, but in a more indirect way. It means non-profit, or charitable.
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4 KudoZ points awarded for this answer. Comment: "Thank you for the detailed explanations - very helpful."
+1
14 mins

cooperatively-owned property

This is my understanding of the term.

More context would help. Where are these farms (or estates?) located, Reuben?

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Note added at 18 mins (2007-04-29 10:57:51 GMT)
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Here's an example of usage:

"In the discussion on private sector development, all IAC members agreed on the need for a legal framework for the private sector that would not abrogate the parameters set by UN Security Council Resolution 1244. They also agree that a policy to deal with socially owned, state and ***cooperatively-owned property*** must be developed, along with a policy delineating public ownership versus private property."

Source: http://www.unmikonline.org/press/press/pr247.html
Note from asker:
The farms are in Lower Saxony, northern Germany.
Peer comment(s):

agree Kcda : What bugs me is "Landbauforschunggesellschaft". Is this a agriculture research association!? I thought of the word "cooperative" as well. I am relatively sure your answer is correct. But as said "Landbau" is bugging me! Claiming land/property maybe!?
45 mins
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2 hrs

communal property

I guess in the UK we refer to the land around a block of flats/appartments which is for the use of all the owners/tenants of the flats as a "communal garden".......would it fit in this context?
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