May 12, 2022 09:03
2 yrs ago
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Spanish term
Spain
Fast, accurate business & law specialist
Native in: English 
Works in: Spanish to English
riesgo del propietario
Spanish to English
Law/Patents
Law: Contract(s)
From a machinery lease agreement:
Será por cuenta de XXXXX el mantenimiento de los elementos esenciales de las máquinas, que afecten esencialmente al funcionamiento de los equipos, así como las averías que afecten a los mismos.
Se entenderá por elementos esenciales los siguientes: motor, transmisión, convertidor, diferencial y alternador .
También será de su cuenta, el riesgo del propietario.
(XXXXX is the lessor here)
As I understand it, the lessor will be responsible for ownership risk, the thing is I'm not sure that makes sense, it seems to be saying that the owner is responsible for owner or something similarly tautological.
Is this a case of clumsy wording, in which case what would you say it's trying to express?
Será por cuenta de XXXXX el mantenimiento de los elementos esenciales de las máquinas, que afecten esencialmente al funcionamiento de los equipos, así como las averías que afecten a los mismos.
Se entenderá por elementos esenciales los siguientes: motor, transmisión, convertidor, diferencial y alternador .
También será de su cuenta, el riesgo del propietario.
(XXXXX is the lessor here)
As I understand it, the lessor will be responsible for ownership risk, the thing is I'm not sure that makes sense, it seems to be saying that the owner is responsible for owner or something similarly tautological.
Is this a case of clumsy wording, in which case what would you say it's trying to express?
Proposed translations
(English)
| 3 +1 | (at) owner's risk |
AllegroTrans
|
| 3 | ownership risk |
Jane Martin
|
| 3 -1 | proprietary, occupier's-type risk; (premises) occupier's liability |
Adrian MM.
|
Proposed translations
+1
4 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois)
Works in: French to English, English, English to French
Related KudoZ points
:
577
Selected
(at) owner's risk
Nothing more or less
Owners Risk means that the Goods are held upon terms that the Carrier shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the Goods or as a consequence of the Goods being in the Carrier's possession.
Owners Risk Definition | Law Insider
https://www.lawinsider.com › dictionary › owners-risk
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OWNER'S RISK | meaning in the Cambridge English Dictionary
https://dictionary.cambridge.org › english › owner-s-risk
if something is transported at the owner's risk, the owner must insure it against loss or damage while it is being transported. Compare. buyer's risk.
Owners Risk means that the Goods are held upon terms that the Carrier shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the Goods or as a consequence of the Goods being in the Carrier's possession.
Owners Risk Definition | Law Insider
https://www.lawinsider.com › dictionary › owners-risk
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OWNER'S RISK | meaning in the Cambridge English Dictionary
https://dictionary.cambridge.org › english › owner-s-risk
if something is transported at the owner's risk, the owner must insure it against loss or damage while it is being transported. Compare. buyer's risk.
Peer comment(s):
| agree |
Andrew Bramhall
: Yes, as simple as that; no need to go uphill and down dale;
3 hrs
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thanks
|
4 KudoZ points awarded for this answer.
Comment: "Many thanks to all"
-1
58 mins
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
278
proprietary, occupier's-type risk; (premises) occupier's liability
(XXXXX is the lessor here ) - you mean the lessee, previously known as hirer.
También será de su cuenta, el riesgo del propietario : The Lessee shall also bear the proprietary risk (premises: occupier's liability -> the machine explodes and injures the operator or another bystander : the lessee takes the rap for the owner : premises > approx. the freeholder, courtesy of our English land law protestors).
So no comment otherwise on the standard of Spanish legal drafting.
También será de su cuenta, el riesgo del propietario : The Lessee shall also bear the proprietary risk (premises: occupier's liability -> the machine explodes and injures the operator or another bystander : the lessee takes the rap for the owner : premises > approx. the freeholder, courtesy of our English land law protestors).
So no comment otherwise on the standard of Spanish legal drafting.
Example sentence:
Occupiers' liability is a field of tort law, codified in statute, which concerns the duty of care owed by those who occupy *real property*, through ownership or lease, to people who visit or trespass.
Peer comment(s):
| neutral |
AllegroTrans
: the owner may well be an occupier but it does not say so in the ST; why make assumptions and complicate things? freeholder? In Spain? I have reluctantly to agree with AB on how you convolute and produce confusion
3 hrs
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OT alias AB has failed to make the owner's risk connection with the wide range of DE-type tort of occupier's liab. : Verkehrs-sicherungs-pflicht https://www.thompsons.law/news/news-archive/law-bulletin-apr...
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| disagree |
Andrew Bramhall
: Confused and convoluted and a contradiction in terms.//No need to do it 'reluctantly', Allegro; it all stems from AMM's " linguistic narcissism" which precludes him from taking an objective view of situations.
6 hrs
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I expect informed debate of the widening of tort in English law - that you have never studied- to occupier's liability for leased plant & equipment https://www.thompsons.law/news/news-archive/law-bulletin-apr...
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2 hrs
ownership risk
It is possible for the lessor to retain the ownership during the term of the lease under certain types of leases.
An operating lease is treated like renting—lease payments are considered as operating expenses. Assets being leased are not recorded on the company's balance sheet; they are expensed on the income statement. So, they affect both operating and net income. Other characteristics include:
Ownership: Retained by the lessor during and after the lease term.
Bargain purchase option: Cannot contain a bargain purchase option.
Term: Less than 75% of the asset’s estimated economic life.
Present value: PV of lease payments is less than 90% of the asset's fair market value.
Accounting: No ownership risk. Payments are considered as operating expenses; shown in the profit and loss statement (P&L) on the balance sheet.
Tax: Lessee considered to be renting; lease payment treated as a rental expense.
Risks/benefits: Right to use only. Risks/benefits remain with the lessor. Lessee pays maintenance costs.2
In contrast, a capital lease is more like a long-term loan, or ownership. The asset is treated as being owned by the lessee and is recorded on the balance sheet.
https://www.investopedia.com/terms/o/operatinglease.asp
An operating lease is treated like renting—lease payments are considered as operating expenses. Assets being leased are not recorded on the company's balance sheet; they are expensed on the income statement. So, they affect both operating and net income. Other characteristics include:
Ownership: Retained by the lessor during and after the lease term.
Bargain purchase option: Cannot contain a bargain purchase option.
Term: Less than 75% of the asset’s estimated economic life.
Present value: PV of lease payments is less than 90% of the asset's fair market value.
Accounting: No ownership risk. Payments are considered as operating expenses; shown in the profit and loss statement (P&L) on the balance sheet.
Tax: Lessee considered to be renting; lease payment treated as a rental expense.
Risks/benefits: Right to use only. Risks/benefits remain with the lessor. Lessee pays maintenance costs.2
In contrast, a capital lease is more like a long-term loan, or ownership. The asset is treated as being owned by the lessee and is recorded on the balance sheet.
https://www.investopedia.com/terms/o/operatinglease.asp
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