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Vorbehalt der Vertragsstrafe

English translation: The reservation of the right to invoke liquidated damages can be asserted

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Der Vorbehalt der Vertragsstrafe kann geltend gemacht werden
English translation:The reservation of the right to invoke liquidated damages can be asserted
Entered by: Kim Metzger
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15:29 Mar 10, 2002
German to English translations [PRO]
Law/Patents - Law: Contract(s) / contract penalty clause
German term or phrase: Vorbehalt der Vertragsstrafe
Can someone tell me if my translation is correct?

Reservation of the right to appeal the contract penalty may be asserted up until the last payment on the basis of the contract.

Der Vorbehalt der Vertragsstrafe kann bis zur letzten Zahlung aufgrund des Vertrages geltend gemacht werden.
Kim Metzger
Mexico
Local time: 02:15
reserve the right to stipulated damages
Explanation:
I may be wrong, but without more context, I would see this is saying that until the last payment under the contract is made the party reserves the right to invoke the contractual (or stipulated) penalty. In the States we are inclined to speak of stipulated damages.
This penalty is imposed if payments are not paid. Thus, the right is reserved until the last payment is made.

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Note added at 2002-03-10 15:53:59 (GMT)
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Look at your contect. If the creditor or lender has this \"Vorbehalt,\" then my anser should be right. The difference between my tranlsation and yours is in the use of \"invoke\" as opposed to \"appeal.\"

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Note added at 2002-03-10 15:55:14 (GMT)
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So, in my opinion, your answer is wrong, but all you need to do is to put \"invoke\" in place of \"appeal\" and you have a tidy and correct translation.
Selected response from:

Dr. Fred Thomson
United States
Local time: 01:15
Grading comment
Thanks Fred, et al. I hope I've got it right now.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2addendum to Fred's answer . . .Michael Sebold
5reserves the right to assert liquidated damages
EMatt
5reserve the right to stipulated damages
Dr. Fred Thomson


Discussion entries: 1





  

Answers


21 mins   confidence: Answerer confidence 5/5
reserve the right to stipulated damages


Explanation:
I may be wrong, but without more context, I would see this is saying that until the last payment under the contract is made the party reserves the right to invoke the contractual (or stipulated) penalty. In the States we are inclined to speak of stipulated damages.
This penalty is imposed if payments are not paid. Thus, the right is reserved until the last payment is made.

--------------------------------------------------
Note added at 2002-03-10 15:53:59 (GMT)
--------------------------------------------------

Look at your contect. If the creditor or lender has this \"Vorbehalt,\" then my anser should be right. The difference between my tranlsation and yours is in the use of \"invoke\" as opposed to \"appeal.\"

--------------------------------------------------
Note added at 2002-03-10 15:55:14 (GMT)
--------------------------------------------------

So, in my opinion, your answer is wrong, but all you need to do is to put \"invoke\" in place of \"appeal\" and you have a tidy and correct translation.

Dr. Fred Thomson
United States
Local time: 01:15
Specializes in field
Native speaker of: English
PRO pts in category: 463
Grading comment
Thanks Fred, et al. I hope I've got it right now.
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5
reserves the right to assert liquidated damages


Explanation:
The commonly used term for Vertragsstrafe in U.S. English is liquidated damages


    Any textbook on contract law
EMatt
Local time: 03:15
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 15
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
addendum to Fred's answer . . .


Explanation:
I think that Fred is basically on the right track, however, I don't believe that you're necessarily dealing with a lending relationship (not having seen possible earlier questions). It sounds like you're dealing with a contractor or sub-contractor for a construction project, and the penalty clause refers to delays in the completion of certain components/sections. In this case, I think "Vorbehalt" refers to "caveat."
Therefore, I would say that the client "retains/reserves the right to enforce the penalty clause up until the final payment is made to the contractor/sub-contractor." In other words, "the caveat remains in force until final payment has been made for services rendered."

That's my take, anyway.



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Note added at 2002-03-10 20:02:28 (GMT)
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Or using Fred\'s word: \"The client retains the right to invoke the penalty clause . . .\"

Michael Sebold
Canada
Local time: 03:15

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: I agree, this is not a lending relationship. I would only change "The client" to "we" cos it's the author of Kim's document (principal) who retains the right to invoke the penalty clause "until final payment has been made for services rendered"
23 mins
  -> Thanks - yup looks like I forgot to switch my brain out of abstract mode.

agree  ingot
1 hr
  -> Thank you.
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Changes made by editors
Dec 13, 2013 - Changes made by Steffen Walter:
Field (specific)(none) » Law: Contract(s)
Field (write-in)contract penaly clause » contract penalty clause
Sep 15, 2009 - Changes made by Kim Metzger:
Edited KOG entry<a href="/profile/9171">Kim Metzger's</a> old entry - "Der Vorbehalt der Vertragsstrafe kann geltend gemacht werden" » "The reservation of the right to invoke the contract penalty can be asserted"


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