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einerseits... andererseits

English translation: First Party/Second Party

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:einerseits... andererseits
English translation:First Party/Second Party
Entered by: Natalie Chandler
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09:03 May 20, 2005
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: einerseits... andererseits
Obviously this generally translated as "on the one hand" and "on the other hand".

The question here is whether this is used in English contractual language. It appears on the first page of a contract between xxx the company *einerseits* and XXX the customer *andererseits*.

There is not much more information on the page and the einerseits and andererseits get a whole line to themselves. Do we have another way of writing this in legal speak or would

on the one hand

and

on the other hand

be acceptable?
Natalie Chandler
Local time: 13:10
First Party/Second Party
Explanation:
One way of doing it is to name the companies the first time they're mentioned, and put "hereafter referred to as "The First Party"/"The Second Party" - then later in the contract you don't mention them by name, but e.g. say "The First Party shall have the right to..." etc. - or use brackets as in the example below.
HTH


"GENERAL AGREEMENT

THIS AGREEMENT, made this _____ day of__________, 20 ____, by and between _______________ (First Party) and ___________________ (Second Party)...."


Selected response from:

John Bowden
Local time: 18:10
Grading comment
All suggestions made could be used depending on the context. Omitting it seems to be the general accepted way of translating this but this is also a tidy alternative solution.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1between
Paola Gatto
4First Party/Second PartyJohn Bowden
4omit itUschi (Ursula) Walke
3of the first part...of the second partKieran McCann
3whereas ... (and) notwithstanding (that)
Victor Dewsbery


Discussion entries: 2





  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
whereas ... (and) notwithstanding (that)


Explanation:
At least this gives you a high-faluting alternative.
You don't tell us what the hands (the one and the other) are actually doing on your first page, or what the contract is generally about.
But it sounds like some sort of preamble setting out the factual background on which the contract is based.

Victor Dewsbery
Germany
Local time: 19:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 187
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18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
omit it


Explanation:
to drop the einer/andererseits would be a permissable omission.
To stress that there are no other parties involved you could say:
bilateral contract between xxx and xxx.

hope this helps

Uschi (Ursula) Walke
Local time: 03:10
Native speaker of: Native in GermanGerman
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
First Party/Second Party


Explanation:
One way of doing it is to name the companies the first time they're mentioned, and put "hereafter referred to as "The First Party"/"The Second Party" - then later in the contract you don't mention them by name, but e.g. say "The First Party shall have the right to..." etc. - or use brackets as in the example below.
HTH


"GENERAL AGREEMENT

THIS AGREEMENT, made this _____ day of__________, 20 ____, by and between _______________ (First Party) and ___________________ (Second Party)...."





    Reference: http://www.ilrg.com/forms/agreemnt.html
John Bowden
Local time: 18:10
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
Grading comment
All suggestions made could be used depending on the context. Omitting it seems to be the general accepted way of translating this but this is also a tidy alternative solution.
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
of the first part...of the second part


Explanation:
this is formal legalese and imho nothing much is lost by leaving it out, but is often seen and might suit your purpose


    Reference: http://www22.inetba.com/newyorktitle/filecabinet/Subordinati...
Kieran McCann
United Kingdom
Local time: 18:10
Works in field
Native speaker of: English
PRO pts in category: 103
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
between


Explanation:
Solitamente nei contratti inglese esiste un "between" che lega le due parti dell'accordo.
Se fosse un atto giuridico, si dovrebbero tradurre con Plaintiff e Defendant, ma se dici che questo non è diritto processuale, bensì solo diritto commerciale, meglio un "between ...... and .......(the parties) it is agreed that" che è consueto nei contratti inglesi.

Guarda questo bellissimo e chiarissimo atto. Il sito è australiano, ma rispecchia il diritto vigente in Australia deriva da quello britannico.

Ciao

--------------------------------------------------
Note added at 4 hrs 4 mins (2005-05-20 13:08:10 GMT)
--------------------------------------------------

All in all *between the parties it is agreed* is highly sufficient. Or as an alternative you could put \"one party\" and \"the other party\" if the parties are only two. Unusual but correct. I think I happened to see one document like that.


    Reference: http://www.legalservices.uwa.edu.au/welcome/ip_res_contracts...
Paola Gatto
Italy
Local time: 19:10
Specializes in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 31

Peer comments on this answer (and responses from the answerer)
neutral  Robert Kleemaier: I'd really like to evaluate what you propose, but my Italiano is soooooo limited... (hint, hint;-) // gracie :-)
3 hrs
  -> I added a small part in English.

agree  Colin Newberry: Ciao4niao
7 hrs
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