Glossary entry

Italian term or phrase:

assumere la disponibilità

English translation:

take on control

Added to glossary by George Young
Jan 21, 2016 10:26
8 yrs ago
5 viewers *
Italian term

assumere la disponibilità

Italian to English Law/Patents Law: Contract(s)
Taken from a contract governing the provision of parking services to a local council:

"l’aggiudicatario ha visionato le attrezzature e beni consumabili di cui ****assume la disponibilità**** per effetto della concessione, nello stato di diritto e di fatto in cui versano"

Does this simply mean "take possession"? Or is it more "assumes control"? I'm conscious that usage and ownership are two different things and don't want to blur the lines by using the wrong translation.

A similar usage appears later in the text, under the terms and conditions for the end of the contract:

"Alla scadenza, ordinaria od anticipata, della concessione, rientrano nella piena disponibilità del Comune le aree, gli impianti, le attrezzature, gli apparati, i beni e le dotazioni ****poste nella disponibilità**** del Concessionario, da restituirsi in buono stato di manutenzione, salvo il degrado dovuto all'uso."

All guidance gratefully received.
Proposed translations (English)
4 +2 take on control

Discussion

ChananZass Jan 21, 2016:
Agreeing with Gad "Take possession" (1st instance) and "made available to" (2nd instance).
Gad Kohenov Jan 21, 2016:
your second example seems to mean to "make available"

Proposed translations

+2
6 mins
Selected

take on control

I would say you are right to distinguish between possession and control. In this case however the author probably wanted to use this term in order to cover both the equipment and the consumables.

If the transferee takes on only possession of the consumables it won't be able to use or otherwise dispose of them, which would defeat the purpose of their being consumables. So in this regard control probably amounts almost to ownership.

On the other hand, control of the equipment would probably be construed as simply possession, as the transferee would not be allowed to sell the equipment.

This is admittedly quite wishy-washy, and one would presume, or hope, that these matters are defined in greater detail elsewhere in the document.
Note from asker:
Thanks Tom. I omitted from my original question that it seems that the attrezzature is essentially the existing infrastructure. The contractor is expected to take these on and replace them with more modern items, which it then hands over to the Principal at the end of the contract. So "control" might be a good way of explaining it. I will check the whole document to see if it specifies who retains ownership of the attrezzature.
Peer comment(s):

agree Adrian MM. (X)
0 min
agree Helen Pringle
1 hr
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks for your input Thomas"
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