initiativpligt

English translation: duty to act first

15:35 Jul 20, 2016
Danish to English translations [PRO]
Law/Patents - Law: Contract(s)
Danish term or phrase: initiativpligt
I've looked at the existing KudoZ entries on this and none of them satisfy me yet.

In this instance, involving a tender and expressed uncertainty from a tenderer regarding the use in the tender documents of "state-of-the-art" (i.e., in English), the purchaser replies in part: "NN henleder opmærksomheden på, at sælger alene forpligter sig til at levere state-of-the-art indtil tidspunktet for afleveringsforretningen. Desuden har sælger initiativpligt, og dermed en vis magt, m.h.t. datoen for afleveringsforretning."

The notion that a tenderer/seller would have such an obligation is foreign to me. I have the sense that there's some principle of Danish contract law involved here that I don't know about.
Charles Ek
United States
Local time: 05:28
English translation:duty to act first
Explanation:
Contrast in DE law > Bring- (the seller to take the goods to the buyer or debtor to take the payment to the creditor) and Holschuld (buyer to pick up the goods or creditor to pick up the payment).

Diarmuid's discussion entry in Danish hints at a stalemate between buyer and seller where neither wants to take the initiative, 'start the ball rolling' and release the benefit fist.

BTW, on the British Isles, it is commoner to say: none = not one of them satisfies - and not satisfy - me yet.

Selected response from:

Adrian MM. (X)
Local time: 12:28
Grading comment
2 KudoZ points were awarded for this answer



Summary of answers provided
4duty to take the initiative/show initiative
Helen Johnson
3duty to act first
Adrian MM. (X)
1initiator
Diarmuid Kennan


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 1/5Answerer confidence 1/5
initiator


Explanation:
the seller is the initiator and therefore exercises some discretion regarding...

Just a guess, but this form of words seems to have some support from Google: https://www.google.ie/?gws_rd=ssl#q="seller is the initiator...

Diarmuid Kennan
Ireland
Local time: 11:28
Native speaker of: Native in EnglishEnglish
PRO pts in category: 82
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
duty to act first


Explanation:
Contrast in DE law > Bring- (the seller to take the goods to the buyer or debtor to take the payment to the creditor) and Holschuld (buyer to pick up the goods or creditor to pick up the payment).

Diarmuid's discussion entry in Danish hints at a stalemate between buyer and seller where neither wants to take the initiative, 'start the ball rolling' and release the benefit fist.

BTW, on the British Isles, it is commoner to say: none = not one of them satisfies - and not satisfy - me yet.




    Reference: http://www.linguee.de/deutsch-englisch/uebersetzung/bringsch...
Adrian MM. (X)
Local time: 12:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 99
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8 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
duty to take the initiative/show initiative


Explanation:
This is what I read it to mean, e.g. if a situation arises where initiative is required for the sake of efficiency, it is up to the supplier to take that initiative.

Helen Johnson
United Kingdom
Local time: 11:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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