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by implication or estoppel

German translation: stillschweigend oder durch Verwirkung

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:by implication or estoppel
German translation:stillschweigend oder durch Verwirkung
Entered by: Steffen Walter
Options:
- Contribute to this entry
- Include in personal glossary

06:17 Feb 14, 2001
English to German translations [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: by implication or estoppel
Another bit from my licencing letter: "All rights remain with XYZ and none are granted by implication or estoppel."

I know what it means but can't think of the German term. Many thanks!
Ute Wietfeld
United Kingdom
Local time: 15:10
stillschweigend oder durch Verwirkung
Explanation:
By implication means that rights have to be explicitly granted, meaning that the parties cannot assume that certain rights exist.
Estoppel means that rights cede to exist due to non-enforcement etc.
Selected response from:

Carmen Berelson
United States
Local time: 10:10
Grading comment
Many thanks to all the respondents - in this context this answer seems the most appropriate to me.
Thanks again, Ute
4 KudoZ points were awarded for this answer

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Summary of answers provided
nakonkludentes Verhalten oder Verwirkung
Andy Lemminger
nastillschweigend oder durch Rechtsauschließung
Alexander Schleber
nastillschweigend oder durch VerwirkungCarmen Berelson


  

Answers


6 mins
stillschweigend oder durch Verwirkung


Explanation:
By implication means that rights have to be explicitly granted, meaning that the parties cannot assume that certain rights exist.
Estoppel means that rights cede to exist due to non-enforcement etc.


    personal experience as a long-time legal translator
Carmen Berelson
United States
Local time: 10:10
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 20
Grading comment
Many thanks to all the respondents - in this context this answer seems the most appropriate to me.
Thanks again, Ute
Login to enter a peer comment (or grade)

25 mins
stillschweigend oder durch Rechtsauschließung


Explanation:
CBerelson sounds good and may be right.
LeDocte howxever lists
estoppel = Rechtausschluß, Rechtsausschließung.
A synonymous term in English would be "preclusion". See if that fits the context.


    Le Docte, Legal Dictionary in four Languages
Alexander Schleber
Belgium
Local time: 16:10
Works in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 35
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4 hrs
konkludentes Verhalten oder Verwirkung


Explanation:
cberelson is right in both terms. If you want to use a more legal term than "stillschweigend" you can use "konkludentes Verhalten". This means a behaviour that could be interpreted as a certain legal intention.


    studies
Andy Lemminger
Canada
Local time: 08:10
Works in field
Native speaker of: German
PRO pts in category: 28
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Changes made by editors
Jul 28, 2005 - Changes made by Steffen Walter:
Field (specific)(none) » Law: Contract(s)


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