Yuri Larin (asker) Dec 28, 2010:

Thanks again! I see that I'm not the right guy to discuss the finer points of it with you :)

Andrei Mazurin Dec 28, 2010:

Вам решать. :-) Единственное, что хотелось бы заметить насчет "полностью или условно"... Возможно, я ошибаюсь, но, думается, приведенная Вами пара не совсем точна: полностью или частично (either in full or in part) vs. commitments and contingencies (договорные или потенциальные (либо: условные) обязательства. В словосочетании "полностью или условно", имхо, нет связки.

Yuri Larin (asker) Dec 28, 2010:

Thanks, Andrei! I guess that you're right on target: sometimes, (probably) "assume or take subject to" translates as "принимать (брать на себя полностью или условно)". Sometimes, it's as you suggest.

Andrei Mazurin Dec 28, 2010:

Вот здесь, к примеру, http://edocket.access.gpo.gov/cfr_2004/aprqtr/26cfr1.707-6.h...

If the partner assumes or takes subject to a
liability that is not a qualified liability, the amount treated as
consideration transferred to the partnership is the amount that the
liability assumed or taken subject to by the partner exceeds the
partner's share of that liability

assume or take subject to (применительно к обязательствам), как мне кажется, означает всего лишь "принимать или оформлять" оные...

Yuri Larin (asker) Dec 26, 2010:

1. Your stats are correct, mine are not. Sorry.
2. I've found some info over here: http://www.proz.com/kudoz/english_to_russian/law_general/112...
But I still have a feeling that there's more to it than that :)

rns Dec 26, 2010:

"take subject to a mortgage" gets 19,600 results, not 6!" — google says "About 19,700 results" in Page 1 and "Page 2 of 13 results" on Page 2 — http://goo.gl/O5TaV — so I'd say it's really 13, not 19,700. :)

Still, seeing the full clause/sentence wouldn't hurt.

Yuri Larin (asker) Dec 26, 2010:

1. "take subject to a mortgage" gets 19,600 results, not 6!

2. My doc is a Partnership Agreement. Another usage example is "...the fair market value reduced by any liabilities secured by that property which is assumed or taken subject to by that member."

3. I can share my answer with you when I find it. I'm sure there's no mistake there. The doc has been prepared by UK lawyers.

Thanks for your time!

rns Dec 26, 2010:

"take subject to a mortgage" — 13 results — http://goo.gl/i4vGG — and yes, the meaning is all that unclear :), even if we treat "subject" as a noun. Because it's a grammar error still.

And what's your broader context anyway? "assume or take subject to any of those liabilities" ?

Yuri Larin (asker) Dec 26, 2010:

RNS, thank you for your input! I'd be a better man if I did :)
If you put in "take subject to a mortgage", the count will be in the thousands" and if we look at "Carson stated a distributee should take subject to a mortgage, and not be forced to pay it. ", you see that its meaning is not all that clear if we use your interpretation (IMHO). Thank you anyway!

rns Dec 26, 2010:

It is. "subject to" is still an adjective in "subject to the easement" — http://goo.gl/kjhWu and take still requires a direct object — http://goo.gl/eHdGj

However, a direct object may be in previous clauses such as "if owner of lot B sells to Y, does Y take subject to the easement" — http://goo.gl/8x4Nk.

FWIW, "take subject to the easement" has 18 hits on google — http://goo.gl/HxO0g — and "take subject to the estate" has 4 — http://goo.gl/Hcg2S — all unanswered questions asked by puzzled readers.

If it were a term, you would surely find a definition, would you not?

Yuri Larin (asker) Dec 26, 2010:

RNS, this is a term used in property management, etc., e.g. "to take subject to the estate, easement, etc. It's not as in "let's do smth subject to these terms and conditions"

rns Dec 26, 2010:

"smb taking subject to smth" is a grammar error in any context as (1) "subject to" is an adjective — http://goo.gl/LTEvl and (2) "take" is a transitive verb — http://goo.gl/5ABqK — and, as such, requires a direct object.

Yuri Larin (asker) Dec 26, 2010:

In this context it's not "smb taking smth subject to smth", it's "smb taking subject to smth". This usage is pretty common in law texts, etc. as you can see on on the Internet