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German to English translations [PRO] Law/Patents - Law (general)
German term or phrase:eidesstattliche Versicherung
I know that this has been discussed endlessly, but I still want to clear up one thing (you legal eagles out there).
I was under the impression that an affidavit is a sworn affirmation and that an eidestattliche versicherung is just that - in leiu of oath. Can someone clear this up for me?? I has been bugging me for a while. There is also the word Affidavit in German and it (as far as I know as well) not an eidestattliche Versicherung... Thanks!!
Explanation: You are right, an eidesstattliche Versicherung is in lieu of an oath.
It is *not* affirmed - not sworn in any way. Affirmation is what you do if you swear, but not on the Bible or any other - that is usually called bekräftigen.
The reason that eidesstattliche V. is sometimes translated as affidavit is because it plays a similar kind of role in German legal proceedings to the affidavit in common-law ones.
The legal consequences to which you swear I usually call 'false unsworn statements'.
Incidentally, in a German court, witnesses are not usually sworn at all. After they have been examined, the parties are asked if they wish them to be sworn, and they usually waive this. This is supposed to preserve the weight of the oath, by not overusing it.
-------------------------------------------------- Note added at 4 hrs 12 mins (2004-10-01 16:13:28 GMT) --------------------------------------------------
On the subject of the Deutsches Rechtslexikon, I certainly don\'t disagree with it and the quote is accurate. It just doesn\'t mean what Dr. Fred Thomson says it does. It has to be put beside the definition of oath. An affirmation (Bekräftigung) and an oath are both of equal weight, logically - or else non-religious persons would be unable to commit perjury/Meineid. As Dt. RL correctly says, quoted above, \'Die eidesstattliche [two S, not one, in my copy] Versicherung ist eine schwächere Form der Bekräftigung als der Eid\'. Both religious and non-religious persons can make one and it has nothing to do with affirming - the point is that it is not sworn.
-------------------------------------------------- Note added at 4 hrs 15 mins (2004-10-01 16:16:26 GMT) --------------------------------------------------
Note to Ann Sherwin: what I meant was that the German meaning can\'t be proved by a reference to a book about US or English law. It seems to me as if answerers here just assumed that eidesstattlich means affirmed. It doesn\'t. \'In lieu of an oath\' is a literal translation. But it means \'no oath, no swearing, no affirming\'.
-------------------------------------------------- Note added at 1 day 9 hrs 47 mins (2004-10-02 21:48:27 GMT) --------------------------------------------------
You need the context. For instance, what used to be called Offenbarungseid is now eidesstattliche Versicherung. That would indeed be a statutory declaration.
Is it in court or out of court? Is it a witness statement or not? Is the content important, or the precise legal form? Who\'s going to read the translation.
One thing is certain: there is no exact English or U.S. equivalent that would fit in all uses.
-------------------------------------------------- Note added at 3 days 9 hrs 4 mins (2004-10-04 21:05:12 GMT) Post-grading --------------------------------------------------
Note to Derek: quite right - that is one particular meaning which may or may not be meant by the asker. Used to be Offenbarungseid, now eidesstattliche Versicherung - could be affidavit of means. I have one here. But e.V. is also a wider term and refers to all sorts of things that would be done by affidavit in a common-law country (except one that is stupid enough to replace the term by \'statement of truth!). I am going to write up a note on this some time, but probably not this week,, too busy.
I decided to choose this answer and, given that I had used it in the past, I feel reassured. I want to thank all of you for an excellent discussion. You all deserve points!!:) What made me wait so long to grade was that I was still considering Ann's contribution especially since it was found in the Federal Ministry of Justice's translation of the Criminal Code http://www.iuscomp.org/gla/statutes/StGB.htm
However, due to the explanations given by several people, I chose declaration in lieu of oath. 4 KudoZ points were awarded for this answer
Counsel - there really was no context. Like I said, it wasn't for a certain translation. I had just come to notice that affidavit seems to be the standard translation for the e.V. and I was really unsure how to translate the term for the future. I didn't specify a country or a context, but perhaps should have. Sorry :)
Dear Counsel,I don't have any translation with the term at the moment. The last one was a notarized eidestattliche Versicherung for a man who was affirming that he had lost his driver's license and the country for which it was being translated was Spain (but they wanted it in English and not Spanish). After this, I had a long discussion with my father, who is a professor of criminology and criminal law in the USA and that is what gave me the idea to post the question here- my father said I should just write notarized affidavit... I didn't feel that I could do that though. In the past I have often written declaration in leiu of oath, but still am not 100% sure :)
Thank you all for your interest in the discussion. I will try to come to a conclusion tomorrow (the baby is teething.. am typing with one hand). I really find it difficult to know what is best...
Thank you Derek for the links . Yes- I know about the affidavit but always wondered if it is really correct although it seems to be the accepted translation. Sworn deposition is a witness's out-of-court testimony - but on oath nonetheless...
Thanks so far Ann Sherwin. I guess what I also was not sure about is although the eidestattliche Versicherung is not sworn, there are legal consequences laid down by the Penal Code if the statements are false.
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eidestattliche Versicherung
affirmation (in lieu of oath)
Explanation: Black's Law Dictionary: An affidavit is a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation.
An eidestattliche Versichering would be only the affimration (in lieu of oath) and it may be oral or written.
-------------------------------------------------- Note added at 15 mins (2004-10-01 12:16:19 GMT) --------------------------------------------------
oops - affirmation
-------------------------------------------------- Note added at 36 mins (2004-10-01 12:37:41 GMT) --------------------------------------------------
Black\'s Law Dictionary: An affirmation is \"a solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc.; this being substituted for an oath in certain cases.\"
-------------------------------------------------- Note added at 1 hr 16 mins (2004-10-01 13:17:18 GMT) --------------------------------------------------
In reply to your added comment, Black\'s Law Dictionary indicates that they are equally binding under law. Under Oath (p. 1071) for Affirmation in lieu of oath, it says \"Fed.R.Civil P. 43 provides that whenever an oath is required under the rules, a solmn affirmation may be accepted in lieu thereof. See also Art. II, Sec. 1, and Art. VI, U.S. Const.
Ann C Sherwin Local time: 00:20 Native speaker of: English PRO pts in category: 50
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