Oct 25, 2001 00:15
22 yrs ago
German term
Zustandshaftung
German to English
Law/Patents
"... desgleichen reguliert die Verpaechterin Schaeden, die sich aus der Zustandshaftung der Gebaeude, Grundstuecke... ergeben."
Proposed translations
(English)
Proposed translations
7 hrs
Selected
premises liability
This is a common legal term for Zustandshaftung in the US.
If you do a google search you'll get lots of hits.
Regards,
Beate
If you do a google search you'll get lots of hits.
Regards,
Beate
Reference:
4 KudoZ points awarded for this answer.
Comment: "I apologize for not having indicated in my question that the client is American. It would have made it easier for you to help me! Sorry!
As it is, I believe that Beate's suggestion is the one for me!
Thanks again, Petra"
+3
9 mins
condition related liability
or possibly
state related liability
Zustand = state, condition
state related liability
Zustand = state, condition
Peer comment(s):
agree |
Hans-Henning Judek
: sounds good to me, Mats.
1 min
|
Thanks for your support.
|
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agree |
Thomas Bollmann
20 mins
|
agree |
JózsefÁrpád Bende
5 hrs
|
4 hrs
state of repair liability
apart from other liabilities, there is a liability which is directly linked to the condition or state of repair of the property, i.e. an old premises in poor condition could prove a higher liability, than a new premises
9 hrs
condition of the premises
Translation of sentence: "The lessor shall settle (or adjust) claims deriving from the condition of the premises."
I agree that we are dealing with premises liability her, but I prefer the above translation to: "claims deriving from premises liability."
The latter sounds too German.
Regards, Dr. Thomson, J.D.
I agree that we are dealing with premises liability her, but I prefer the above translation to: "claims deriving from premises liability."
The latter sounds too German.
Regards, Dr. Thomson, J.D.
12 hrs
... arising from the statutory obligation to repair the leased premises ...
Your profile indicates that you are also located "down under" - my answer is based on NZ law which is, in fact, very similar to the principles underlying Australian law.
"Zustandshaftung" follows from section 536 of the German Civil Code (BGB) which requires the lessor/landlord to keep the leased premises in a tenantable condition for the duration of the lease, i.e. to repair the premises.
Except under a lease for residential premises, in accordance with NZ (and presumably Australian) law the lessor/landlord is not generally liable to repair and keep the premises in a tenantable condition unless there is an express covenant to do so. This covenant is commonly referred to as "a covenant to repair" (supported by Romain: "covenant" or "obligation to repair" = "Unterhaltungspflicht, Instandsetzungspflicht").
Now, the fundamental difference being that under German law, "Zustandshaftung" is an implied obligation under the law, but under English/NZ/Australian law this obligation must be established by an express covenant in the commercial lease document (although some English cases suggest that it may also be implied - ok, let's not go there), I would suggest the above translation, as this reflects the underlying legal principle of your sentence.
I could rattle on - please feel free to contact me if you need more information.
"Zustandshaftung" follows from section 536 of the German Civil Code (BGB) which requires the lessor/landlord to keep the leased premises in a tenantable condition for the duration of the lease, i.e. to repair the premises.
Except under a lease for residential premises, in accordance with NZ (and presumably Australian) law the lessor/landlord is not generally liable to repair and keep the premises in a tenantable condition unless there is an express covenant to do so. This covenant is commonly referred to as "a covenant to repair" (supported by Romain: "covenant" or "obligation to repair" = "Unterhaltungspflicht, Instandsetzungspflicht").
Now, the fundamental difference being that under German law, "Zustandshaftung" is an implied obligation under the law, but under English/NZ/Australian law this obligation must be established by an express covenant in the commercial lease document (although some English cases suggest that it may also be implied - ok, let's not go there), I would suggest the above translation, as this reflects the underlying legal principle of your sentence.
I could rattle on - please feel free to contact me if you need more information.
Reference:
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