Glossary entry (derived from question below)
German term or phrase:
anderslautenden Bedingungen widersprochen
English translation:
despite contradictory terms not objected to
Added to glossary by
Kim Metzger
Nov 7, 2003 19:39
21 yrs ago
2 viewers *
German term
anderslautenden Bedingungen nicht widerprochen
German to English
Law/Patents
contrat
Sorry, the context:
Dies gilt auch, wenn anderslautenden Bedingungen nicht widersprochen wird
I do understand what it means, but please I need a good legal sentence!
Thank you!!
Dies gilt auch, wenn anderslautenden Bedingungen nicht widersprochen wird
I do understand what it means, but please I need a good legal sentence!
Thank you!!
Proposed translations
(English)
Proposed translations
+1
14 hrs
Selected
despite contradictory terms not objected to by ourselves
Literally 'This shall apply even if we do NOT reject contradictory terms', i.e. even if we leave terms in the contract that contradict this, it shall still apply. widersprechen + dative
Your answerers are reading this in two diametrically opposed ways. I don't know that there's an elegant formulation in English. It's too complex to work in 'in the absence of'
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Note added at 2003-11-08 10:15:43 (GMT)
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I pressed the wrong button for William Stein - I disagree with him! sorry about that.
Your answerers are reading this in two diametrically opposed ways. I don't know that there's an elegant formulation in English. It's too complex to work in 'in the absence of'
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Note added at 2003-11-08 10:15:43 (GMT)
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I pressed the wrong button for William Stein - I disagree with him! sorry about that.
4 KudoZ points awarded for this answer.
Comment: "Thank you!"
10 mins
This condition is valid if it is not in contradiction with
other stipulations of the contract (agreement).
Peer comment(s):
neutral |
Maureen Holm, J.D., LL.M.
: 'not in contradiction'?
25 mins
|
Yes, I have worked for 10 years in foreign trade and the contracts contain such a passage.
|
+2
27 mins
except as otherwise provided [by this agreement]
Dietl Lorenz gives another variation: vorbehaltlich anderslautender Bestimmungen in diesem Uebereinkommen
Peer comment(s):
agree |
KirstyMacC (X)
: save as otherwise provided (herein)
1 hr
|
agree |
Margaret Marks
: Note the effect of the dative.
14 hrs
|
agree |
Maureen Holm, J.D., LL.M.
: Post-grading: None of us missed the dative, even though asker apparently mistranscribed sentence.
18 hrs
|
disagree |
Kim Metzger
: See Margaret's answer below.
3186 days
|
-1
30 mins
to the extent not otherwise provided herein
Excerpt is missing a couple of words, but that's the phrase.
The point is that the term or provision will only apply to the extent not inconsistent with others in the K. This is a subservient term, meaning that it will defer. It avails little just to say "we sure hope there are no contradictory provisions here" if no care is taken to indicate which will prevail.
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Note added at 33 mins (2003-11-07 20:12:46 GMT)
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WStein\'s formulation appeared while I was responding. It\'s good too, but since the sentence begins \"The same shall apply\", the \"to the extent\" is called for.
The point is that the term or provision will only apply to the extent not inconsistent with others in the K. This is a subservient term, meaning that it will defer. It avails little just to say "we sure hope there are no contradictory provisions here" if no care is taken to indicate which will prevail.
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Note added at 33 mins (2003-11-07 20:12:46 GMT)
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WStein\'s formulation appeared while I was responding. It\'s good too, but since the sentence begins \"The same shall apply\", the \"to the extent\" is called for.
Peer comment(s):
agree |
KirstyMacC (X)
: My archaic pref. would for 'save as otherwise..'
1 hr
|
disagree |
Margaret Marks
: It means the opposite
14 hrs
|
disagree |
Kim Metzger
: We need to account for the "widersprochen". They apply even if they are not expressly widersprochen.
3186 days
|
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