Nov 6, 2001 18:58
22 yrs ago
2 viewers *
German term
eine Vorschrift einer Prüfung vorschalten
German to English
Law/Patents
Law (general)
From a German court's decision:
"Von seiner Systematik ist diese Vorschrift als spezialgesetzlich Vorfrage einer Prüfung der Allgemeinen Haftungsregelungen quasi vorzuschalten."
"Von seiner Systematik ist diese Vorschrift als spezialgesetzlich Vorfrage einer Prüfung der Allgemeinen Haftungsregelungen quasi vorzuschalten."
Proposed translations
+2
29 mins
Selected
Due to the underlying structure [systematics] of the law ... [rest follows below]
Background: One of the underlying principles of German adjudication is that the lex specialis (Spezialgesetz) must take priority over the more general legal or statutory provisions (lex specialis derogat legi generali). The law is (generally) organised in a very structured and systematic manner (this is the "Systematik" they talk about), with general provisions contained in one Code and special provision in another.
In your case this means that before looking at the general rules on liability, the Court must look at what any existing special rules on liability have to say (the general rules could be the ones contained in the BGB = German Civil Code, whereas the special ones might be the rules on product liability, just to give an example).
Suggested translation: "Due to the underlying structure [systematics] of the law, this provision must be examined (owing to its nature as lex specialis) prior to examing the general rules on liability."
In your case this means that before looking at the general rules on liability, the Court must look at what any existing special rules on liability have to say (the general rules could be the ones contained in the BGB = German Civil Code, whereas the special ones might be the rules on product liability, just to give an example).
Suggested translation: "Due to the underlying structure [systematics] of the law, this provision must be examined (owing to its nature as lex specialis) prior to examing the general rules on liability."
Reference:
4 KudoZ points awarded for this answer.
32 mins
attempt below
On systematic grounds, an examination of the general liabilty provisions must be prefaced by this provision( rule)as a preliminary special legal question.
hope I got this right. Maybe Darien can confirm/suggest/ give some input?
hope I got this right. Maybe Darien can confirm/suggest/ give some input?
Reference:
37 mins
to come before the examination
What they are trying to say is that the rule/regulation or whatever you decide to put for Vorschrift, due to its systematical nature (again, rephrase according to context)as a special question of law, has to, more or less, come before any examination of the General Liability Regulations.
HTH
Sibylle
HTH
Sibylle
Reference:
43 mins
precede a provision with a scrutiny
According to his systematics, this provision is to be preceded by a scrutiny of the general liability regulations; Note: "Vorschaltgesetz" is a preliminary law (see Langenscheidt).
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