Glossary entry

German term or phrase:

geltendes Recht

English translation:

Current legislation

Added to glossary by Gabriele Jabouri
Dec 29, 2004 21:03
19 yrs ago
2 viewers *
German term

geltendes Recht

Non-PRO German to English Law/Patents Law (general)
Hello,

I'm translating a theoretical text on a semi-legal subject. How do you translate "geltend" in the sense of "geltendes Recht" properly? The three terms I can think of: "valid law", "applicable law" or "prevailing law" sound all ok to me, what are the differences between them? Which one would be best to use in a more theoretical, general sense - the document I am translating is not legal in the sense that it would be used in court, it's more of a discussion of law and its origin.
Proposed translations (English)
5 Current legislation
5 +9 applicable law
4 +1 established law
4 valid law
Votes to reclassify question as PRO/non-PRO:

PRO (1): Astrid Elke Witte

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Discussion

Non-ProZ.com Dec 30, 2004:
Note Here are some passages:

Das geltende V�lkerrecht beruht in erster Linie auf Vertr�gen; die Frage ist jedoch: Wem steht es zu, durch Vertrag den einzelnen Rechtss�tzen die Eigenschaft der "Geltung" zu verleihen?

... das Recht wird durch �bereinstimmung der Willenserkl�rungen der dazu befugten Personen zur Geltung gebracht ...

Diejenigen Erscheinungen des v�lkerrechtlichen Gebiets, welche gestaltende Bedeutung haben und der Geltung der v�lkerrechtlichen S�tze vorangehen, k�nnen wir als Quellen des V�lkerrechts bezeichnen.

Das geltende Recht von X ist ein Teil des geltenden internationalen �ffentlichen Rechts, d.h. des V�lkerrechts.

As you can see, I'm looking for a more general translation of "geltend" or "Geltung". It's actually a more philosophical treatise on legal principles.

Again, Thanks in advance!

Happy New Year!

Olaf Reibedanz Dec 29, 2004:
Would you mind showing us the passage where the term occurs? This would help! :-)

Proposed translations

1 day 11 hrs
Selected

Current legislation

is quite clearly the preferred term in this case.
Okay, so you shouldn't rely too heavily on google, as I've often pointed out myself. But 984,000 contributions can hardly ALL be wrong, can they....
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you, I think this fits best! Happy New Year!"
+9
4 mins

applicable law

In most contracts I see applicable law as the predominant term.

"Deutsch-Englisch" Legal Dictionary Romain, Byrd, Thielecke
Peer comment(s):

agree Robert Kleemaier : with Olaf's request above
33 mins
agree Claudia Tomaschek
44 mins
agree Christine Lam
45 mins
agree Michael Kucharski
2 hrs
agree Allesklar : how about current law?
2 hrs
agree Thomas Bollmann
2 hrs
agree Ineke Hardy
5 hrs
agree Richard Hall
9 hrs
agree Christian : Yep, that's it.
9 hrs
Something went wrong...
1 hr

valid law

Some link to help you. Just add ""valid", "applicable" or "prevailing"" and will slightly enlighten you.
http://www.google.ru/search?q= "geltendes Recht"&hl=en&lr=la...
134 English pages for valid "geltendes Recht".
75 English pages for applicable "geltendes Recht".
English pages for prevailing "geltendes Recht".
Without further context "valid law" is preferable IMHO. Hope it helps you. Good luck,
Something went wrong...
+1
5 hrs

established law

I would not use applicable or valid here if meant in a more general sense and in the context of the origin of law.

Cf:
For much of human history, rulers and law were synonymous -- law was simply the will of the ruler. A first step away from such tyranny was the notion of rule by law, including the notion that even a ruler is under the law and should rule by virtue of legal means. Democracies went further by establishing the rule of law. Although no society or government system is problem-free, rule of law protects fundamental political, social, and economic rights and reminds us that tyranny and lawlessness are not the only alternatives.

http://usinfo.state.gov/products/pubs/principles/law.htm
Peer comment(s):

agree Johanna Timm, PhD : as in "law of the land": http://dict.die.net/law of the land/
17 hrs
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