Glossary entry (derived from question below)
German term or phrase:
als Pflichtteil beansprucht werden
English translation:
(that may) be claimed as a forced share
- The asker opted for community grading. The question was closed on 2018-10-15 07:54:08 based on peer agreement (or, if there were too few peer comments, asker preference.)
Oct 12, 2018 06:40
5 yrs ago
4 viewers *
German term
als Pflichtteil beansprucht werden
German to English
Law/Patents
Law: Contract(s)
die Zuwendungen Dritter und Erbschaften, die einem Ehegatten als Eigengut zugewendet werden und soweit die Erbschaften von ihm nicht als Pflichtteil beansprucht werden können.
marriage contract
Art. 221 222 Swiss Civil Code (SCC)
the dispositions of third parties and inheritances which are passed to a spouse as individual property and where he or she does not have a compulsory inheritance entitlement?
marriage contract
Art. 221 222 Swiss Civil Code (SCC)
the dispositions of third parties and inheritances which are passed to a spouse as individual property and where he or she does not have a compulsory inheritance entitlement?
Proposed translations
(English)
| 4 +3 | (that may) be claimed as a forced share |
Ed Ashley
|
| 4 | he cannot claim it as a legitimate portion |
Kalyani Gadre
|
| 4 | may not be claimed as the legitime (legitima portio) |
Yorkshireman
|
Proposed translations
+3
39 mins
Selected
(that may) be claimed as a forced share
Swiss inheritance law is similar to German in this respect. I had a devilish will to translate once and came across this term. At the time I translated it as forced share, but according to this source at least, compulsory portion would be another option.
"It has always been a principle of German inheritance law that close relatives are entitled to a portion of the deceased’s estate, even if the deceased had expressly disinherited those close relatives in his or her Last Will and Testament. This is called “Pflichtteil” (section 2303 German Civil Code), which can be translated forced share or compulsory portion to the estate."
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Note added at 6 hrs (2018-10-12 12:45:56 GMT)
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@Asker: Thanks for the follow-up. It sounds like compulsory portion is the translation favoured by most so far. 'Statutory inheritance entitlement' covers the same ground but is wider ranging, don't you think? In that, something other than a compulsory portion might also be considered a statutory inheritance entitlement...
"It has always been a principle of German inheritance law that close relatives are entitled to a portion of the deceased’s estate, even if the deceased had expressly disinherited those close relatives in his or her Last Will and Testament. This is called “Pflichtteil” (section 2303 German Civil Code), which can be translated forced share or compulsory portion to the estate."
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Note added at 6 hrs (2018-10-12 12:45:56 GMT)
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@Asker: Thanks for the follow-up. It sounds like compulsory portion is the translation favoured by most so far. 'Statutory inheritance entitlement' covers the same ground but is wider ranging, don't you think? In that, something other than a compulsory portion might also be considered a statutory inheritance entitlement...
Reference:
https://www.crosschannellawyers.co.uk/elective-share-rules-under-german-inheritance-law-pflichtteil/
Note from asker:
| of the two compulsory portion was suggested by the bank's termbase. In the semi-official EN translation we have Art 241 Solche Vereinbarungen dürfen die Pflichtteilsansprüche der Nachkommen nicht beeinträchtigen. Such agreements must not adversely affect the statutory inheritance entitlements of the spouse’s issue. |
4 KudoZ points awarded for this answer.
Comment: "excellent again (esp including a link). Thanks."
3 hrs
Kalyani Gadre
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Works in: German to English, French to English, German to Hindi, and 3 more.
he cannot claim it as a legitimate portion
You could also check the previous explanations for this
https://www.proz.com/kudoz/german-to-english/law-general/404...
https://www.proz.com/kudoz/german-to-english/law-general/404...
4 hrs
may not be claimed as the legitime (legitima portio)
In Civil law and Roman law, the **legitime (legitima portio)**, also known as a **forced share** or **legal right share**, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause.
This description also contains the "forced share" mentioned earlier by Ed.
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Note added at 5 hrs (2018-10-12 11:43:09 GMT)
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Civil Law and Scottish Law. The portion of a deceased person's estate to which a child of his or hers is legally entitled, regardless of the terms of the will.
That portion of a parent's estate of which he cannot disinherit his children without a legal cause.
Legitime literally means the forced share or forced portion. It refers to that portion of a parent’s property that would bequeath upon the children of a deceased by law. A legitime is only a fraction of the entire property of the deceased. The parent’s property that bequeaths on the children is fixed by law. Thus a testator cannot disinherit his/her children from legitime without reasonable and sufficient cause. According to the law of legitime a testator who has issues cannot entrust his wife with the whole property without giving the children their respective shares.
Scots law the part of a person's moveable estate that is inherited by his or her children on that person's death
A legitime is an inheritance which a compulsory heir receives
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Note added at 5 hrs (2018-10-12 11:49:04 GMT)
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This may also be helpful:
Pflichtteil
(lat. Portio legitima, auch bloß Legitima), derjenige Teil des Vermögens eines Erblassers, welchen gewisse Verwandte desselben gesetzlich beanspruchen können, wofern sie sich dies Recht nicht durch schlechtes Betragen verscherzt haben. Dem Prinzip nach ist nämlich im römischen Recht sowohl als in den modernen Gesetzbüchern die Testierfreiheit, d. h. das Recht des Erblassers, über seinen Nachlaß letztwillig beliebig zu verfügen, anerkannt.
Source: http://peter-hug.ch/lexikon/Legitima portio
This description also contains the "forced share" mentioned earlier by Ed.
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Note added at 5 hrs (2018-10-12 11:43:09 GMT)
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Civil Law and Scottish Law. The portion of a deceased person's estate to which a child of his or hers is legally entitled, regardless of the terms of the will.
That portion of a parent's estate of which he cannot disinherit his children without a legal cause.
Legitime literally means the forced share or forced portion. It refers to that portion of a parent’s property that would bequeath upon the children of a deceased by law. A legitime is only a fraction of the entire property of the deceased. The parent’s property that bequeaths on the children is fixed by law. Thus a testator cannot disinherit his/her children from legitime without reasonable and sufficient cause. According to the law of legitime a testator who has issues cannot entrust his wife with the whole property without giving the children their respective shares.
Scots law the part of a person's moveable estate that is inherited by his or her children on that person's death
A legitime is an inheritance which a compulsory heir receives
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Note added at 5 hrs (2018-10-12 11:49:04 GMT)
--------------------------------------------------
This may also be helpful:
Pflichtteil
(lat. Portio legitima, auch bloß Legitima), derjenige Teil des Vermögens eines Erblassers, welchen gewisse Verwandte desselben gesetzlich beanspruchen können, wofern sie sich dies Recht nicht durch schlechtes Betragen verscherzt haben. Dem Prinzip nach ist nämlich im römischen Recht sowohl als in den modernen Gesetzbüchern die Testierfreiheit, d. h. das Recht des Erblassers, über seinen Nachlaß letztwillig beliebig zu verfügen, anerkannt.
Source: http://peter-hug.ch/lexikon/Legitima portio
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