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nach zutreffender Auffassung

English translation: according to settled/established opinion


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15:18 Feb 7, 2012
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: nach zutreffender Auffassung
In a description of an arbitration case:

Folglich entscheidet das Gericht X auch über sämtliche weiteren Ansprüche und alle anderen materiell-rechtiichen
Anspruchsgrundlagen gegen den Beklagten, ungeachtet des Umstandes, dass "nach zutreffender Auffassung" der Anspruch als außervertraglich einzustufen ist.

Ansprüche aus culpa in contrahendo sind "nach zutreffender Auffassung" dem außervertraglichen Bereich zuzuordnen.

I have found this translated as "rightly" but I don't think that is enough.

Something like "According to the prevailing view" comes to mind, but I do not feel this precisely covers it either.

Help!
Elizabeth Niklewska
United Kingdom
Local time: 20:55
English translation:according to settled/established opinion
Explanation:
As the case says, this statement is about "Ansprüche aus culpa in contrahendo". These is a legal doctrine which is not laid down by legal statute (as most things are in German jurisdictions). Instead, this is a claim which has been developed over the years by case law. Nowadays, this is a very common legal concept on which many claims (e.g. for damages) are based; hence the "settled/established" in my suggested translation.
Selected response from:

Stefanie Kuepper
United Kingdom
Local time: 20:55
Grading comment
Thanks - I think everyone's contributions have been helpful.
In the end I have gone for something reflecting the original German which is probably the safest approach
3 KudoZ points were awarded for this answer



Summary of answers provided
4on a proper interpretation
AllegroTrans
4according to settled/established opinion
Stefanie Kuepper
3based on the legal theory/doctrine (applicable to this case)
Johanna Timm, PhD


Discussion entries: 4





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
on a proper interpretation


Explanation:
Overland Footwear Ltd v CCE ECJ
"On a proper interpretation of Articles 78 and 236 of Regulation No 2913/92: after the release of the imported goods, the customs authorities ...
tax.uk.ey.com/UKTaxLibrary/Archive+2005+-+2008/Case+law/... - Cached
Coopers & Lybrand v Bryant - Wikipedia, the free encyclopedia

Facts|
Arguments|
Judgment|
References

R Wise SC, on behalf of Mr Bryant, argued that, on a proper interpretation of the cession, it did not in its terms include Bryant's claim against the appellants.
en.wikipedia.org/wiki/Coopers_%26_Lybrand_v_Bryant - Cached
PLC - Costs orders: £10,000 limit is not cumulative
In James v Blockbuster Entertainment Limited the EAT held that, on a proper interpretation of rule 14 of the 2001 Employment Tribunal Rules of Procedure, it was open ...
employment.practicallaw.com/4-205-5531 - Cached
Allowing the appeals with certain observations, the Court ...
The question as to whether the cost of the plot includes the maintenance charges may have to be decided on a proper interpretation of the terms and conditions of ...
advocatemmmohan.wordpress.com/2011/09/12/allowing-the... - Cached

AllegroTrans
United Kingdom
Local time: 20:55
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 94
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
based on the legal theory/doctrine (applicable to this case)


Explanation:
"Auffassung" is short for Rechtsauffassung.
Rechtsauffassung= legal theory ( meaning: past court decisions)
zutreffend= applicable to this case

Johanna Timm, PhD
Canada
Local time: 12:55
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 453

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I am not sure that legal theory comes exclusively into this - more about commonsense and right thinking// that question specifically had "Rechtauffassung" - this question only has "Auffassung"
5 hrs
  -> yet it seems to be an acceptable translation for quite a few colleagues: http://www.proz.com/kudoz/english_to_german/law_general/1818...
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
according to settled/established opinion


Explanation:
As the case says, this statement is about "Ansprüche aus culpa in contrahendo". These is a legal doctrine which is not laid down by legal statute (as most things are in German jurisdictions). Instead, this is a claim which has been developed over the years by case law. Nowadays, this is a very common legal concept on which many claims (e.g. for damages) are based; hence the "settled/established" in my suggested translation.

Stefanie Kuepper
United Kingdom
Local time: 20:55
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 3
Grading comment
Thanks - I think everyone's contributions have been helpful.
In the end I have gone for something reflecting the original German which is probably the safest approach
Login to enter a peer comment (or grade)




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