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German to English translations [PRO] Law/Patents - Insurance
German term or phrase:eventualvorsätzlich
I'm having trouble understanding the legal distinction between the term "eventualvorsätzlich" and "vorsätzlich" in a passage in which insurance coverage of personal injuries is excluded "soweit sie eingetreten sind, weil die Person vorsätzlich oder eventualvorsätzlich den ausdrücklichen Anweisungen zuwidergehandelt hat . . ."
This contract was written under Swiss law. Does it mean that one need not actually prove that an act was done intentionally (or deliberately) but instead only with "apparent" intent? If true, it seems that the burden of proof might be significantly less than proving that an act was deliberate or intentional ("vorsätzlich"). I haven't heard of such a concept under American law.
May I translate the phrase "vorsätzlich oder eventualvorsätzlich" as "intentionally or with apparent intent"?
Howard Fisher in his book *The German Legal System and Legal Language (2nd ed., 1999) translates it as *eventual intent*. Modeling it this closely on the German might be justified since it is a concept that is specific to German/Swiss law.
Otherwise you could still use the Latin to make things unmistakeably clear.
xxxhollstes Germany Local time: 21:27 Native speaker of: German PRO pts in category: 4
Notes to answerer
Asker: Thanks, having the Latin is very helpful. It helped me find this treatise which distinguishes the three forms of intent under German/Austrian/Swiss law and associates the words ""conditional intent" with the Latin "dolus eventualis", so I'll go with "conditional intent": ". . .German, Austrian and Swiss law also require two components for mens rea "wissen" and "wollen". These two components form at least three different kinds of mens rea, in descending order of seriousness, absicht (intention in the strict sense), dolus indirectus (indirect intent) and bedingter vorsatz (dolus eventualis) (conditional intent)." [from Mens Rea - Mistake of Law & Mistake of Fact in German Criminal Law: A Survey for International Criminal Tribunals by Mohamed Elewa Badar, pp 3-4]