Glossary entry (derived from question below)
German term or phrase:
im Falle des Schweigens
English translation:
in the event of failure to respond/silence
Added to glossary by
davidgreen
Mar 3, 2005 11:33
19 yrs ago
2 viewers *
German term
im Falle des Schweigens
German to English
Bus/Financial
Law: Contract(s)
employment agreement
I'd really just like y'all to take a look at this translation and make sure I understood it correctly. There's an entry in the glossary for Schweigen that seems close to this meaning, as well as one for Ablehnung.
§ 17 Verfallfristen
Alle Ansprüche, die sich aus dem Arbeitsverhältnis ergeben, sind von den Vertragschliessenden binnen einer Frist von drei Monaten *seit ihrer Fälligkeit* schriftlich geltend zu machen und im Falle der Ablehnung innerhalb einer Frist von zwei Monaten und *im Falle des Schweigens* auf die Geltendmachung innerhalb einer Frist von drei Monaten einzuklagen
§ 17 Deadlines
All claims, arising under the work relationship, are to be asserted by the contractual parties in writing within a period of three months from their due date and to be enforced by legal action in the event of rejection within a period of two months and in the event of remaining silent regard-ing the assertion within a period of three months
§ 17 Verfallfristen
Alle Ansprüche, die sich aus dem Arbeitsverhältnis ergeben, sind von den Vertragschliessenden binnen einer Frist von drei Monaten *seit ihrer Fälligkeit* schriftlich geltend zu machen und im Falle der Ablehnung innerhalb einer Frist von zwei Monaten und *im Falle des Schweigens* auf die Geltendmachung innerhalb einer Frist von drei Monaten einzuklagen
§ 17 Deadlines
All claims, arising under the work relationship, are to be asserted by the contractual parties in writing within a period of three months from their due date and to be enforced by legal action in the event of rejection within a period of two months and in the event of remaining silent regard-ing the assertion within a period of three months
Proposed translations
(English)
| 5 +1 | in the event of failure to respond |
transatgees
|
| 3 | in the event of silence |
Shane London
|
Proposed translations
+1
19 mins
transatgees
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Hands-on experience of commerce
Native in: English
Works in: German to English, French to English, English
Related KudoZ points
:
106
Selected
in the event of failure to respond
"failure to" is a good way of expressing "not doing something" in a legal context
Peer comment(s):
| agree |
Armorel Young
: I think you should watch your use of commas though, David - they aren't needed around "arising ... relationship".
21 mins
|
4 KudoZ points awarded for this answer.
Comment: "Shane, thanks for the explanation, I just think in this case it's a lack of response to a claim so I went with the trans@gees' option but will enter both into the glossary"
10 hrs
Shane London
Australia
Australia
Native in English
Australia
Sydney-based accredited translator
Native in: English 
Works in: Russian to English, German to English
Related KudoZ points
:
8
in the event of silence
My natural inclination was to avoid the word 'silence' and in fact trans@gees' solution is a good way of doing that. But I have consulted my Butterworths Australian Legal Dictionary and indicates the following : Silence Failure to communicate. A contract is not made simply by an offeree's silence after an offeror informs an offeree that silence in reply to the offer will be taken as acceptance, even if the offeree forms but does not attempt to communicate, an intention to accept.
Also under Communication of Acceptance - Words or acts that indicate an intention to enter into a legally binding contract with the offeror on the terms contained in the offer. Generally, silence cannot constitute acceptance; some positive words or acts directed at the offeror are required.
So it seems to me from the above that 'Silence' is an acceptable legal term and doesn't need to be avoided.
Also under Communication of Acceptance - Words or acts that indicate an intention to enter into a legally binding contract with the offeror on the terms contained in the offer. Generally, silence cannot constitute acceptance; some positive words or acts directed at the offeror are required.
So it seems to me from the above that 'Silence' is an acceptable legal term and doesn't need to be avoided.
Discussion