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Präambel

English translation: preamble

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04:56 Oct 25, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Präambel
The word "Präambel" precedes the first section of the contract which consists of 4 paragraphs. The second section is preceded by §1 and a description "Bereitstellung des PROGRAMMES für den BETREIBER" and consists of 2 paragraphs numbered to the left 1.1 and 1.2, second section §2 and on the next line "Leistungen des BETRIBERS" followed underneath by 4 paragraphs numbered 2.2, 2.2, 2.3 and 2.4 and so on with the next sections. The "Präambel" has no margin numbers. How shall I translate this word in English?
Deb Phillips
English translation:preamble
Explanation:
Superlex

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Note added at 2002-10-25 07:45:27 (GMT)
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I found this under http://www.re-eval.co.uk/glossaryp.htm and /glossaryr.htm

RECITAL CLAUSE The first clause in the treaty wording which names the parties to the contract.

PREAMBLE The introduction to a treaty wording, establishing the parties to the contract and the basis for operating the contract.
Selected response from:

Gillian Scheibelein
Germany
Local time: 04:14
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +8preamble
Gillian Scheibelein
5 +1recitals (extra info)berelin
5 +1recitals
Richard Hall
5Preliminary remark(s)Margaret Marks


Discussion entries: 2





  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +8
preamble


Explanation:
Superlex

--------------------------------------------------
Note added at 2002-10-25 07:45:27 (GMT)
--------------------------------------------------

I found this under http://www.re-eval.co.uk/glossaryp.htm and /glossaryr.htm

RECITAL CLAUSE The first clause in the treaty wording which names the parties to the contract.

PREAMBLE The introduction to a treaty wording, establishing the parties to the contract and the basis for operating the contract.


Gillian Scheibelein
Germany
Local time: 04:14
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 3469
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  eldira
11 mins

agree  Rowan Morrell: Yes, I have seen "preamble" used in a legal context - this is definitely the term to use.
16 mins

agree  Elvira Stoianov
35 mins

agree  selheller: commonly used in legal texts
1 hr

agree  Steffen Walter: The other possibility is to use "introductory clause/provision".
1 hr

agree  Bob Kerns
2 hrs

agree  gangels
9 hrs

agree  Ron Stelter
12 hrs
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27 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
recitals


Explanation:
this is the normal term in a english language contract.

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Note added at 2002-10-25 06:07:03 (GMT)
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The recitals of a deed or contract are a statement of facts and have no effect on the substance of the transaction. In the German language contracts I have seen the Präambel is exactly this.

Richard Hall
United States
Local time: 22:14
Native speaker of: English
PRO pts in pair: 210

Peer comments on this answer (and responses from the answerer)
neutral  Rowan Morrell: Can you explain this further?
0 min

agree  AmiHH: Blacks: A preliminary statement in a contract or deed explaining the background of the transaction or showing the existence of particular facts
1 hr
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
recitals (extra info)


Explanation:
"preamble", while I have seen it used in English language contracts, more properly applies to the introduction of a Statute. "Recitals" is the more usual term in contracts. Each recital used to start with the "whereas" and indeed some pompous lawyers (and legislators see below) still do start them this way. In contracts they often include statements as to who the parties are and why they are entering into the contract. There is some dispute as to the extent to which they are legally binding - however they are often used as guides to interpretation in Court.

To confuse matters even more, standard EU institution practice is to refer to "the recitals in the preamble to the law on ..." but for a contract i would just stick with the heading "recitals"


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Note added at 2002-10-25 07:21:12 (GMT)
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oops should read ...used to start with the word \"whereas\"



berelin
Local time: 04:14
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 115

Peer comments on this answer (and responses from the answerer)
agree  AmiHH: yep. Usually each starts with WHEREAS, ends with ; and then the last sentence is ususally NOW, THEREFORE, the Parties hereby agree as follows: or on the following: or conclude the following agreement:
6 mins
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10 hrs   confidence: Answerer confidence 5/5
Preliminary remark(s)


Explanation:
'Preamble' is OK and so is 'Preliminary remark(s)'. Take your pick!

Margaret Marks
United Kingdom
Local time: 03:14
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 765
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