Glossary entry

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!!

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.
Peer comment(s):

agree Kim Metzger : Yes, of course.
3186 days
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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.
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+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
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-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.
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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