after-acquired property

简明释义

事后取得财产

英英释义

After-acquired property refers to any property or assets that a debtor acquires after the execution of a security agreement or loan, which may be subject to the claims of creditors.

后获得财产是指债务人在执行担保协议或贷款后获得的任何财产或资产,这些财产可能会受到债权人的索赔。

例句

1.In the event of bankruptcy, creditors may claim the after-acquired property (后取得财产) as part of the debtor's estate.

在破产的情况下,债权人可以将after-acquired property(后取得财产)作为债务人资产的一部分进行索赔。

2.Investors should be aware that after-acquired property (后取得财产) can affect the valuation of a company during mergers.

投资者应意识到,after-acquired property(后取得财产)可能影响公司在合并过程中的估值。

3.The lease agreement included terms regarding after-acquired property (后取得财产), ensuring that any new equipment would also be covered.

租赁协议包括有关after-acquired property(后取得财产)的条款,确保任何新设备也在保障范围内。

4.The contract specified that all after-acquired property (后取得财产) would automatically be included in the collateral for the loan.

合同规定所有的after-acquired property(后取得财产)将自动包含在贷款的担保中。

5.The bank has a security interest in the borrower's assets, including any after-acquired property (后取得财产) that may be purchased in the future.

银行对借款人的资产拥有担保权益,包括未来可能购买的任何after-acquired property(后取得财产)。

作文

In the realm of property law, the term after-acquired property refers to assets that a debtor acquires after a security interest has been established. This concept is crucial for lenders and creditors as it determines the extent of their rights over a debtor's future assets. When a borrower takes out a loan, they often pledge certain assets as collateral. However, what happens if the borrower acquires new assets after the loan agreement is signed? This is where the idea of after-acquired property comes into play.For instance, consider a scenario where an individual takes out a mortgage to purchase a home. At the time of the loan agreement, the home itself serves as collateral. If the borrower later buys a car or inherits money, these new acquisitions fall under the category of after-acquired property. Depending on the terms of the loan agreement, the lender may have a claim to these new assets as well.The legal implications of after-acquired property can be significant. In many jurisdictions, lenders can include clauses in their contracts that extend their security interests to any property acquired by the borrower after the loan is executed. This means that if the borrower defaults on the loan, the lender has the right to seize not only the originally pledged collateral but also any after-acquired property.This principle serves to protect lenders by ensuring that their interests are safeguarded even as the borrower's financial situation evolves. However, it also raises questions about fairness and the extent of a lender's reach. Critics argue that such provisions can lead to overreach, where lenders claim rights to assets that the borrower may need to maintain their livelihood.Moreover, the enforceability of after-acquired property clauses can vary based on local laws. Some states have specific regulations governing how these clauses must be worded and the rights they confer to lenders. Therefore, both borrowers and lenders must be aware of the legal landscape when entering into agreements that involve after-acquired property.In conclusion, the concept of after-acquired property plays a vital role in the dynamics of secured transactions. It allows lenders to protect their investments while simultaneously posing challenges for borrowers who may find their new assets subject to claims by creditors. Understanding this term is essential for anyone engaged in financial transactions involving collateral, as it highlights the complexities and potential pitfalls of borrowing against future assets. As financial markets continue to evolve, the implications of after-acquired property will remain a relevant topic for discussion among legal professionals, borrowers, and lenders alike.

在财产法的领域中,术语后取得财产指的是债务人在建立担保权益后获得的资产。这个概念对贷方和债权人至关重要,因为它决定了他们对债务人未来资产的权利范围。当借款人申请贷款时,他们通常会将某些资产作为抵押。然而,如果借款人在贷款协议签署后获得新的资产,会发生什么呢?这就是后取得财产这一概念发挥作用的地方。例如,考虑一个场景:个人申请抵押贷款以购买房屋。在贷款协议签署时,房屋本身充当抵押品。如果借款人后来购买了一辆汽车或继承了一笔钱,这些新获得的资产就属于后取得财产的范畴。根据贷款协议的条款,贷方可能对这些新资产也拥有索赔权。后取得财产的法律含义可能是重大的。在许多司法管辖区内,贷方可以在其合同中包含条款,将其担保权益扩展到借款人在贷款执行后获得的任何财产。这意味着如果借款人违约,贷方有权扣押不仅是原先质押的抵押品,还有任何后取得财产。这一原则旨在保护贷方,确保他们的利益即使在借款人的财务状况变化时也能得到保障。然而,它也引发了关于公平性和贷方权利范围的问题。批评者认为,这样的条款可能导致过度索取,贷方对借款人可能需要维持生计的资产提出索赔。此外,后取得财产条款的可执行性可能因当地法律而异。一些州对这些条款的措辞和赋予贷方的权利有具体的规定。因此,借款人和贷方在签订涉及后取得财产的协议时,必须了解法律环境。总之,后取得财产的概念在担保交易的动态中发挥着至关重要的作用。它允许贷方保护他们的投资,同时对借款人构成挑战,因为他们的新资产可能会受到债权人的索赔。理解这个术语对于参与涉及抵押品的金融交易的任何人来说都是至关重要的,因为它突显了借款与未来资产相关的复杂性和潜在陷阱。随着金融市场的不断发展,后取得财产的影响将继续成为法律专业人士、借款人和贷方之间讨论的相关话题。