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  1. KudoZ™ Top
  2. Spanish to English
  3. Law: Contract(s)

contrato hipotecario y anticrético

English translation: antichretic mortgage contract

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:contrato hipotecario y anticrético
English translation:antichretic mortgage contract
Entered by: María Eugenia Wachtendorff

02:19 Sep 29, 2009
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / CONTRACTS
Spanish term or phrase: contrato hipotecario y anticrético
¡Hola, colegas!

Este es el título de un contrato guatemalteco:

"CONTRATO HIPOTECARIO Y ANTICRÉTICO DE BIENES INMUEBLES"

En el glosario del cliente dice que "acreedor anticrético" es "mortgagee in possession".

La RAE define
anticresis.
(Del gr. ἀντίχρησις).
f. Contrato en que el deudor consiente que su acreedor goce de los frutos de la finca que le entrega, hasta que sea cancelada la deuda.

Mi conclusión es que este documento equivale a lo que en Chile llamaríamos "Contrato de hipoteca de bienes raíces con derecho de usufructo".

Derecho de usufructo = beneficial interest.

Ahora hay que armar el rompecabeza. ¿Me ayuda, por favor?

¡Muchísimas gracias!
María Eugenia Wachtendorff
Chile
Local time: 12:01
antichretic mortgage contract
Explanation:
In a regular mortgage, the borrower secures the loan with the property, but continues to occupy the property. The lender's compensation consists of interest paid.

In an antichretic mortgage, the lender occupies the borrower's property and this usage is its compensation for the loan, rather than receiving interest.

http://en.wikipedia.org/wiki/Substantive_law

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Note added at 9 mins (2009-09-29 02:28:52 GMT)
--------------------------------------------------

Ooops, that's the link for the last question! My copy key has been sticky lately.

http://en.wikipedia.org/wiki/Antichresis
Selected response from:

Kathryn Litherland
United States
Local time: 12:01
Grading comment
Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5antichretic mortgage contract
Kathryn Litherland
4standard and (coupled with a) 'Welsh' mortgage agreement
Adrian MM. (X)


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
antichretic mortgage contract


Explanation:
In a regular mortgage, the borrower secures the loan with the property, but continues to occupy the property. The lender's compensation consists of interest paid.

In an antichretic mortgage, the lender occupies the borrower's property and this usage is its compensation for the loan, rather than receiving interest.

http://en.wikipedia.org/wiki/Substantive_law

--------------------------------------------------
Note added at 9 mins (2009-09-29 02:28:52 GMT)
--------------------------------------------------

Ooops, that's the link for the last question! My copy key has been sticky lately.

http://en.wikipedia.org/wiki/Antichresis

Kathryn Litherland
United States
Local time: 12:01
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 56
Grading comment
Thank you!
Notes to answerer
Asker: That's perfect, Kathryn, THANK YOU.


Peer comments on this answer (and responses from the answerer)
agree  TechLawDC: (on real estate)
42 mins
agree  Emma Ratcliffe
1 hr
agree  Richard Boulter: Just so, as long as it agrees with the facts in the source. Regards, All!
9 hrs
agree  eski: :)) eski
19 hrs
agree  MikeGarcia: See the AVH Legal, page 591 "antichresis:type of mortgage contract in which the mortgagee has the right to the fruits and profits of the property in lieu of interest until the debt is cleared". So there is a "creditor in antichresis", says the AVH Legal.
1 day 6 hrs
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
standard and (coupled with a) 'Welsh' mortgage agreement


Explanation:
These are two types of contract - not one. And, again, there is no such thing in Anglo-Am. law as an antichresis or an antichretic agreeement.



Example sentence(s):
  • La advertencia no deja de tener su importancia, pues indica que son validos los contratos simultáneos de anticresis e hipoteca html.rincondelvago.com/contrato-de-anticresis.html
  • chestofbooks.com/real-estate/Mortgage-Law/Sec-2-Welsh-mortgage.html
Adrian MM. (X)
Local time: 18:01
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 547
Notes to answerer
Asker: Mr. Thumb, it is always soo good to hear from you in these cases!! Thank you very, very much!

Asker: Thank you, Tom, but there was just one contract and I was translating into U.S. English.

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