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How these two terms of "law of obligations" are named in English? Options
oruckadir
Posted: Tuesday, October 31, 2017 4:49:07 PM

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Joined: 10/24/2017
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Location: Salihli, Manisa, Turkey
Dear Respected Lawyers Who Have a Good Command of English,

As it is known, obligations are classified in different ways.

I couldn’t find English equivalents (names) of two legal terms of “law of obligations” in Turkish- English dictionaries or on internet.

Can anyone tell me what these two legal terms are named in English please?

First one is such a kind of debt that you get such a property from the creditor that, you have no obligation to return the same property which you received from him. You can get out of debt by giving the creditor any property which is the same kind. The property has no any special feature (for example two kilogram of rice). If you lost the property you borrowed, you can find another property in the same kind and you can return this to the creditor.

What is the name of this kind of debt in English? (May it be debt in kind?)

The second one is a kind of debt that you get such a property from the creditor that, you have to return just this property. This property exists only one in the world (maybe a souvenir). It is special. No any property can take its place. If you lose or demolish it as a debtor, you have no chance to return any property in place of it.

And what is the name of this second kind of debt in English? (May it be debt in specie?)

Any reply will be appreciated.


"Life's tragedy is that we get old too soon and wise too late." Benjamin FRANKLIN
Drag0nspeaker
Posted: Monday, November 13, 2017 9:42:50 AM

Rank: Advanced Member

Joined: 9/12/2011
Posts: 27,116
Neurons: 149,397
Location: Livingston, Scotland, United Kingdom
There is only one member of this forum who I know to be a lawyer of some sort (I don't know which speciality).
That is Ashwin Joshi.

**********
However, according to the dictionaries, "specie" can either mean "coins" (not banknotes, only metal coins) or "something of the same kind".

"To return something in specie" means "to return something which is the same kind, but not identical - the same shape or form, but not the exact same thing".
So this would be your "Borrow one bag of rice and return a different bag of rice" idea.

**********
When I looked up "in kind", I found the same explanation as one meaning.

in kind

1. With produce or commodities rather than with money: pay in kind.
2. In the same manner or with an equivalent


So you could borrow a bag of rice and pay it back with a different bag of rice or with a bag of beans which is worth the same.

**************
I don't know what word to look for in the other case (in which you have to return exactly the same object which you borrowed, not 'an equivalent').


Wyrd bið ful aræd - bull!
oruckadir
Posted: Monday, November 13, 2017 11:46:54 AM

Rank: Newbie

Joined: 10/24/2017
Posts: 27
Neurons: 595
Location: Salihli, Manisa, Turkey
Quote:
Dear Drag0nspeaker


Some concepts are international. And the situations (concepts) I am trying to define must have equivalents in English Language as well. And I accept only someone who has knowledge on law of obligations (maybe an academician) can give answer covering my questions.

I am interested in learning English but especially in legal English.

I will try to reach to Mr. Ashwin Joshi.

When I learned what I am looking for, I will share it here.

Thank you very much for your attention and kind reply anyway.



"Life's tragedy is that we get old too soon and wise too late." Benjamin FRANKLIN
Ashwin Joshi
Posted: Monday, November 13, 2017 12:22:45 PM

Rank: Advanced Member

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Location: Jandiāla Guru, Punjab, India
Thank you very much, DragOnspeaker for remembering me.Applause
Though I am tax attorney , I will try to answer the query in a day or two,after thorough research.

Me Gathering Pebbles at The Seashore.-Aj
Sarrriesfan
Posted: Saturday, November 18, 2017 7:00:32 PM

Rank: Advanced Member

Joined: 3/30/2016
Posts: 729
Neurons: 4,688
Location: Luton, England, United Kingdom
Drag0nspeaker wrote:
There is only one member of this forum who I know to be a lawyer of some sort (I don't know which speciality).
That is Ashwin Joshi.

**********
However, according to the dictionaries, "specie" can either mean "coins" (not banknotes, only metal coins) or "something of the same kind".

"To return something in specie" means "to return something which is the same kind, but not identical - the same shape or form, but not the exact same thing".
So this would be your "Borrow one bag of rice and return a different bag of rice" idea.

**********
When I looked up "in kind", I found the same explanation as one meaning.

in kind

1. With produce or commodities rather than with money: pay in kind.
2. In the same manner or with an equivalent


So you could borrow a bag of rice and pay it back with a different bag of rice or with a bag of beans which is worth the same.


Isn't in kind often used to mean a payment of a debt with something very different but which both parties have agreed is of the same value as the original items or services?
So you could borrow a bag of rice and later pay it back but allowing the farmer to borrow your donkey to take the rest of his rice to market.

I lack the imagination for a witty signature.
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