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Einigungsfiktion

English translation: implied mutual consent


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Einigungsfiktion
English translation:implied mutual consent
Entered by: Helen Shiner
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23:31 Nov 15, 2009
German to English translations [PRO]
Law/Patents - Law: Contract(s) / employment contract
German term or phrase: Einigungsfiktion
This appears as part of a heading in an employment contract, which reads as follows:

Schriftform, Einigungsfiktion und salvatorische Klausel

I haven't found any explanation for this term. Any legal brains out there, please?
Helen Shiner
United Kingdom
Local time: 08:19
implied mutual consent
Explanation:
"Fiktion" in a legal sense can mean "implication" and one of the online dictionaries I use translates "kraft rechtliche Fiktion" as "implied by law" in the sense that an opposing ideas are insignificant. As is typical when working with German compoiunds, it's a matter to put the two separate words together and (try to) interpret the result. I could be more sure of this answer if I had the text under the heading, too.
Selected response from:

richmonibudd
Local time: 09:19
Grading comment
This was accepted by the client without comment. Many thanks, indeed, for your help.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +5implied mutual consent
richmonibudd


Discussion entries: 1





  

Answers


28 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
implied mutual consent


Explanation:
"Fiktion" in a legal sense can mean "implication" and one of the online dictionaries I use translates "kraft rechtliche Fiktion" as "implied by law" in the sense that an opposing ideas are insignificant. As is typical when working with German compoiunds, it's a matter to put the two separate words together and (try to) interpret the result. I could be more sure of this answer if I had the text under the heading, too.


    Reference: http://www.dict.cc
richmonibudd
Local time: 09:19
Specializes in field
Native speaker of: Native in SlovakSlovak
PRO pts in category: 4
Grading comment
This was accepted by the client without comment. Many thanks, indeed, for your help.
Notes to answerer
Asker: Dear richmonibudd, thanks for this. I have used it as you suggest, even though it doesn't feel entirely appropriate within the context, but then there are other strangenesses within this contract. Terminology used as headings with no subsequent explanation, for instance. Not than I haveany reason to doubt you, just the fitness of the contract perhaps.


Peer comments on this answer (and responses from the answerer)
agree  113160: I think that's good; the fiktion part can probably be left out. I was also thinking implied consensus of the involved parties.
1 hr
agree  Charlesp
2 hrs
agree  Tom Feise
7 hrs
agree  British Diana: yes, bec. "fiktiv" can mean "in theory"
8 hrs
agree  Goldcoaster
12 hrs
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