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-------------------------------------------------- Note added at 1 hr (2011-03-26 03:48:04 GMT) --------------------------------------------------
May be it's OK to use the phrase "equitable sharing of burden"...
Here is a (long) excerpt from a site where this expression and another similar one is used:
Representatives of shipowners and their insurers took the view that that the issues relating to shipowners’ liability should not be reopened since to do so would be detrimental to the position of victims of oil pollution. It was suggested that the 1992 Conventions were intended to create an efficient compensation regime and had not been intended to ensure the quality of shipping or to punish the guilty party. It was further suggested that any amendments to the provisions relating to shipowners’ liability would give rise to serious treaty law problems. It was emphasised that it was of paramount importance to maintain the equitable balance between the burdens imposed on the two industries involved, ie those of the shipping and cargo interests. An analysis of oil spills which had occurred in the period 1990-1999 showed that the present regime had resulted in an ** equitable sharing of burden ** between these two interests. They maintained that the proposal by the shipping industry to increase, on a voluntary basis, the limitation amount applicable to small ships to around 20 million SDR (US$28.8 million or €24.6 million) would preserve this balance and that the matter should be re-examined in the light of experience three to five years after the entry into force of the proposed Protocol establishing a Supplementary Fund. - 6 -
-------------------------------------------------- Note added at 3 hrs (2011-03-26 04:50:01 GMT) --------------------------------------------------
Use of "clawback".. a financial term:
Equitable Clawback: An Essay on Restoration of Executive Compensation
Manning G. Warren III
University of Louisville - Louis D. Brandeis School of Law
May 19, 2009
University of Pennsylvania Journal of Busines Law, Vol.12, 2010
Abstract:
The remedy of restoration of compensation, known in the agency context as the faithless servant doctrine, provides for the corporate principal's recovery of compensation previously paid or payable to corporate officers and other agents who have breached their fiduciary obligations. Although a limited clawback provision was one of the reforms enacted as part of the Sarbanes-Oxley Act, courts have refused to imply a private remedy, and, even if they were to do so, it would be of limited utility. Given the many variations of the clawback concept, including the demands for clawback of AIG and Merrill Lynch bonuses and of pre-bankruptcy returns paid to Madoff investors, I have chosen to distinguish the equitable remedy of **restoration of compensation as equitable clawback**. My essay contends that the remedy's increased recognition and broader use would add primacy to individual versus entity liability, and, consequently, help reestablish the link between executive wealth and executive responsibility.
"Werden im Lastenausgleich entschädigte Verluste nach dem 31. Dezember 1989 ganz oder teilweise ausgeglichen (Rückgabe von Vermögenswerten, Herausgabe von Veräußerungserlösen, Wiederherstellung der vollständigen Verfügungsgewalt sowie Entschädigung nach dem Entschädigungsgesetz, dem Ausgleichsleistungsgesetz oder dem NS-Verfolgtenentschädigungsgesetz), sind die zuviel gewährten Ausgleichsleistungen zurückzufordern (vgl. § 349 Lastenausgleichsgesetz);" http://www.mi.niedersachsen.de/live/live.php?navigation_id=1...
please correct me if i'm wrong, but, imo, "restitution" referring to German legislation correlates to "Entschädigung", as in "..The German Restitution Laws were a series of laws passed in the 1950s in West Germany regulating the restitution of lost property and the payment of damages to victims of the Nazi persecutions..". The term is probably correct in its meaning, but not in its usage, imho.
The meaning of Schadensausgleich in this context is MORE general, referring to the fact that the owner or his/her heirs have received their property back, imo
I am also thinking that compensation is the way to go. Most of the English sources that I came across seem to use the word compensation when talking about this law. Although, I did come across loss adjustment a few times.
in this context i think it is correct to speak of
"claiming back of (equalisation burdens) benefits upon (full) loss compensation";
i.e. those who got their property back were not any longer entitled to the benefits under the LAG and therefore the German government claims back these previously paid benefits from the heirs
is a multiprocessor parallel computation term, of course. Thank you, gangles for your explanation... Thank you, Ingeborg for your input regarding "compensation".
is tantamount to the confiscation of [ill-gotten] monies or at a minimum a forced repatriation of such. "Rückzahlungsforderung" is no more than a notice served on payee demanding the return of a remittance to payor (a later 'clawback' by court order is of course not precluded).
Demand for repayment of expenditure equalization funds in the event of offsetting damage indemnity received.
there is no real satisfactory equivalent for Lasten'ausgleich'. It depends whether it takes the form of a 'subsidy', 'tax exemption' / 'tax credit' / 'abatement tax' / 'tax-loss carryforward', outright 'grant', 'support payment' or statutory 'income transfer' to level the playing field (i.e. social engineering efforts).
reclamation of compensation payments rendered in the case of a subsequent restitution agreement
Explanation: I think this pretty well captures the meaning. Depending on background knowledge of target readership and wishes of customer, you might also add in parenthesis after "compensation payments" a comment on the legislation and the name of the Act-Lastenausgleichgesetz.
YorickJenkins Local time: 10:45 Native speaker of: English
-------------------------------------------------- Note added at 1 hr (2011-03-26 03:48:04 GMT) --------------------------------------------------
May be it's OK to use the phrase "equitable sharing of burden"...
Here is a (long) excerpt from a site where this expression and another similar one is used:
Representatives of shipowners and their insurers took the view that that the issues relating to shipowners’ liability should not be reopened since to do so would be detrimental to the position of victims of oil pollution. It was suggested that the 1992 Conventions were intended to create an efficient compensation regime and had not been intended to ensure the quality of shipping or to punish the guilty party. It was further suggested that any amendments to the provisions relating to shipowners’ liability would give rise to serious treaty law problems. It was emphasised that it was of paramount importance to maintain the equitable balance between the burdens imposed on the two industries involved, ie those of the shipping and cargo interests. An analysis of oil spills which had occurred in the period 1990-1999 showed that the present regime had resulted in an ** equitable sharing of burden ** between these two interests. They maintained that the proposal by the shipping industry to increase, on a voluntary basis, the limitation amount applicable to small ships to around 20 million SDR (US$28.8 million or €24.6 million) would preserve this balance and that the matter should be re-examined in the light of experience three to five years after the entry into force of the proposed Protocol establishing a Supplementary Fund. - 6 -
-------------------------------------------------- Note added at 3 hrs (2011-03-26 04:50:01 GMT) --------------------------------------------------
Use of "clawback".. a financial term:
Equitable Clawback: An Essay on Restoration of Executive Compensation
Manning G. Warren III
University of Louisville - Louis D. Brandeis School of Law
May 19, 2009
University of Pennsylvania Journal of Busines Law, Vol.12, 2010
Abstract:
The remedy of restoration of compensation, known in the agency context as the faithless servant doctrine, provides for the corporate principal's recovery of compensation previously paid or payable to corporate officers and other agents who have breached their fiduciary obligations. Although a limited clawback provision was one of the reforms enacted as part of the Sarbanes-Oxley Act, courts have refused to imply a private remedy, and, even if they were to do so, it would be of limited utility. Given the many variations of the clawback concept, including the demands for clawback of AIG and Merrill Lynch bonuses and of pre-bankruptcy returns paid to Madoff investors, I have chosen to distinguish the equitable remedy of **restoration of compensation as equitable clawback**. My essay contends that the remedy's increased recognition and broader use would add primacy to individual versus entity liability, and, consequently, help reestablish the link between executive wealth and executive responsibility.
Zareh Darakjian Ph.D. Local time: 01:45 Native speaker of: English, Armenian PRO pts in category: 4
Grading comment
Thank you!
Notes to answerer
Asker: This is exactly how I put it. But how would you put it all together? This is what I came up with, but I am not thrilled about it.
Reclaim of the equalization of burdens for damage compensation
The translation workplace 
