Herstellungsanspruch
English translation: claim to the manufacture .....
| 06:25 Aug 11, 2006 |
| German to English translations [PRO] Law/Patents - Law: Contract(s) / Share Contract | |||||||
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|  Selected response from: Joern Gaedcke Singapore Local time: 22:11 | ||||||
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| Discussion entries: 1 | |
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Answers
19 mins confidence: 
claim to the manufacture ..... Explanation: I think 'Herstellung' (not Wiederherstellung) is to be taken quite literally. X has to produce tools for Y. Y has a claim on X for the manufacture of those tools. That claim will only become invalid after X has paid damages to Y (for the non-manufacture of those tools). |
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48 mins confidence:
manufacturing claim/replacement claim Explanation: I believe your text deals with the right to have a product manufactured or replaced - in effect as long as the claimant does not demand monetary compensation for damages. "replacement claim" - would fit if the text/contract spells out terms for replacing damaged products reference: http://www.cdr3.com/shipping/sh00001.htm If this does not fit, please post a little more context. Good Luck, Bernhard "restitutional claim" does not fit - if it is not about recovery of property or money - see http://remember.org/unite/outlinep.htm and later web reference http://www.rewi.hu-berlin.de/jura/pd/lmn/sthr/Unterlassungs-... -------------------------------------------------- Note added at 8 hrs (2006-08-11 15:13:10 GMT) -------------------------------------------------- Add on: ...as long as X does not demand monetary compensation for damages and Y pays them (instead of manufacturing the product). question: I agree with Kieran: The contract is about Y providing tools to X for the manufacturing of contractual products - and not - The contract is about X providing tools to Y for the manufacturing of contractual products Reference: http://www.carpetbuyershandbook.com/filing_a_claim.htm Reference: http://www.tannerdewitt.com/media/publications/quantum-merui... |
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3 hrs confidence:
(contractual) right to have manufactured Explanation: I agree with Joern's reasoning but I think he's got it the wrong way round: this is about X's claim on Y for the manufacture of the contractual products (the second 'Herstellung' can only refer to Y), not any claim Y may have against X for provision of the tools; 'X's right/claim/entitlement (under the contract) to have the products made/manufactured (by Y)...' -------------------------------------------------- Note added at 3 hrs (2006-08-11 09:40:22 GMT) -------------------------------------------------- the point being that if X itself has asked for some kind of damages/compansation/other payment in lieu of the manufactured items, X cannot then also enforce its primary contractual right to have those items manufactured as well -------------------------------------------------- Note added at 1 day2 hrs (2006-08-12 09:17:47 GMT) -------------------------------------------------- mischaw is right to draw attention to the other meaning of 'Herstellung' ie 'specific performance'. But, as I understand it, 'Herstellungsanspruch' as a term of art is nearly always used to imply restitution of a previously existing state of affairs, not a claim for specific performance of any contractual obligation. Romain gives 'right to restitution in kind' and talks about 'restoring the status quo ante' and the vast majority of google hits seem to confirm this, particularly in cases where authorities have been negligent and people have a right to compensation for the consequences. This is clearly not the case here: we are talking about enforcing a claim under the contract, not seeking redress/restitution for some action of the other party. If there is a term of art for this in English, then we should use it, but since, for the reasons given, 'Herstellungsanspruch' does not seem to be being used as a term of art in German, I think it does actually imply 'Herstellung' ie 'manufacture' and we will still end up trying to find an appropriate circumlocution referring to X's right to have the contractual items manufactured. As always, the debate would be helped by more context: it's possible that previous sentences have indeed established a specific right of restitution in certain circumstances. |
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