1

Context: property division between a couple that is divorcing. (Whole document is here: https://goo.gl/yVYQe7)

甲は乙に対し,本日,離婚による財産分与として,下記物件目録記載の不動産の甲の持分全部を分与することとし,本日付財産分与を原因とする甲持分全部移転登記手続をする。

In this sentence, I'm not sure if it's A that is receiving his share of property, or if A is transferring (移転) all of his shares to B (乙に対し).

Judging from the context, I would say it's the former, but, gramatically speaking, the 乙に対し is confusing me, because it implies that A is doing something towards B. Also, 移転 implies that A is transferring something and not receiving it. My attempt:

Today, as for the property division regarding the divorce, A's shares of the real-estate properties listed below will be established and, on the base of this division, the registration procedure of the transfer of all A's shares will be carried out.

Thank you for your help!

  • 甲は乙に対し,... 持分全部を分与する == K shall/will (to O) give/deliver all of K's share/equity (interest?) in ... . – HizHa Sep 25 '16 at 6:07
  • Sorry, I just want to be sure I'm getting this right: at the and of the procedure, A (甲) will lose all of his shares in favour of B (乙)? – Marco Sep 25 '16 at 6:32
  • 1
    @Marco yes, A will lose all of his interests in the properties listed below in the divorce settlement. – virmaior Sep 25 '16 at 6:33
2

A (甲) is giving up everything and undertaking the procedures necessary to transfer it to B (乙) as a consequence of the divorce settlement.

甲は乙に対し,

A shall with respect to B:

 Aに対する is construction that can be confusing because it looks like A対B    
 which would be A against B. But this is a confusion caused by thinking 対 
 means against rather than the meaning of 対

本日,

on this day

 (often this day =today but in the context of legal document it would mean 
 the day the settlement is executed) 

離婚による財産分与として,

As part of the property settlement on the basis/cause of divorce

Xとして = as X
Yによる = on the basis of Y / because of Y / with Y as its cause

下記物件目録記載の不動産の甲の持分全部を分与することとし,

Shall transfer to B A's shares in the properties listed below

下記 = written below
物件目録記載 = registration records for property
不動産の甲の持分全部 = those property interests belong to A 
することとし = することとする = shall do this action 
(the switch from する to し is because the next action also is a part of the sentence).

本日付財産分与を原因とする甲持分全部移転登記手続をする。

and shall on this day as a consequence of this settlement undertake to the procedures to have their registration transferred to B.

原因とする =  as a consequence of
甲持分 全部 移転登記 = (1) 移転登記 = to change the registration (2) 全部 = all. (3) 甲持分 = A's shares
手続をする = to do the procedure

at least that's how I render it in English as a native speaker of English and non-native speaker of Japanese.

甲 (A as your calling it) remains the agent throughout. So any time there's a transitive verb, they are the one who does something.

  • [本日付 財産分与] is a unit, NP. __ 本日付財産分与を原因とする .. .... .. carry out ( execute ) .... arising from the property division effective today (herewith ? ) ____ there must be standard phrases / terms used in this area, and i don't know them. – HizHa Sep 25 '16 at 6:53
  • Thank you for breaking it up! What I don't understand now is the exact meaning of 分与する: is it to divide or to transfer? Thinking that it meant divide, I thought they were splitting the property, but I was wrong. – Marco Sep 25 '16 at 6:59
  • 1
    @Marco 分与 means to 分ける and 与える together see dictionary.goo.ne.jp/jn/197793/meaning/m0u = "divide and give". It's a phrase for settlements of estates (divorces, deaths) – virmaior Sep 25 '16 at 7:08
  • 1
    i had to look this up ( 分与する ) in a dictionary. Usually dividing is involved, but here K is giving all real properties listed. i suppose K must be rich and have other assets and maybe other real property. – HizHa Sep 25 '16 at 7:15
  • Thank you! Just a little correction: I think 移転登記 it's not "change of registration" but "registration of transfer (of property)". – Marco Sep 25 '16 at 7:21

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.