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....implied by statute, common law or custom

German translation: nach Gesetzesrecht, Richterrecht (Common Law) und Gewohnheitsrecht

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:implied by statute, common law or custom
German translation:nach Gesetzesrecht, Richterrecht (Common Law) und Gewohnheitsrecht
Entered by: Beate Lutzebaeck
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14:57 Jan 29, 2002
English to German translations [PRO]
Law/Patents - Law (general)
English term or phrase: ....implied by statute, common law or custom
contract terms and conditions
hschl
Local time: 20:51
nach Gesetzesrecht, Richterrecht (Common Law) und Gewohnheitsrecht
Explanation:
It would have been helpful to see the entire sentence to see how "implied" fits in. From experience I know, though, that it often just means "nach" (as in "...die nach Gesetzesrecht, Richterrecht (Common Law) und Gewohnheitsrecht gelten".

The contracting parties are obviously trying to include or exclude, as the case may be, all legal principles arising from the different sources of law, i.e. statutory law (statute, which is simply Gesetzesrecht), the law as it is developed by the courts by way of court decisions (common law, which equates to Richterrecht in German and is not quite the same as Rechtsprechung) and custom (a traditional business practice of such ancient origin and universal application as to have acquried the status of a legal requirement).

It might be a good idea to include "Common Law" in brackets after Richterrecht to make it sufficiently clear what kind of Richterrecht they refer to and also because "Common Law" has a specific meaning with no 1:1 equivalent under German law.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 08:51
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
5 +2nach Gesetzesrecht, Richterrecht (Common Law) und GewohnheitsrechtBeate Lutzebaeck
4...vom Gesetz, vom Gewohnheitrecht oder vom Brauch vorgesehen
Evi Zierlein


  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
...vom Gesetz, vom Gewohnheitrecht oder vom Brauch vorgesehen


Explanation:
Statute law would more correctly be 'geschriebenes Gesetz' but in this context 'geschriebenes' can be left out.

Evi Zierlein
United Kingdom
Local time: 19:51
Native speaker of: Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
neutral  xxxgenaa: s has to go in Gewohnheitsrecht; I would shorten the phrase to : nach Gesetz, Gewohnheitsrecht oder Brauch
1 hr
  -> oups...thanks genaa, Gewohnheitsrecht is of course with S
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
nach Gesetzesrecht, Richterrecht (Common Law) und Gewohnheitsrecht


Explanation:
It would have been helpful to see the entire sentence to see how "implied" fits in. From experience I know, though, that it often just means "nach" (as in "...die nach Gesetzesrecht, Richterrecht (Common Law) und Gewohnheitsrecht gelten".

The contracting parties are obviously trying to include or exclude, as the case may be, all legal principles arising from the different sources of law, i.e. statutory law (statute, which is simply Gesetzesrecht), the law as it is developed by the courts by way of court decisions (common law, which equates to Richterrecht in German and is not quite the same as Rechtsprechung) and custom (a traditional business practice of such ancient origin and universal application as to have acquried the status of a legal requirement).

It might be a good idea to include "Common Law" in brackets after Richterrecht to make it sufficiently clear what kind of Richterrecht they refer to and also because "Common Law" has a specific meaning with no 1:1 equivalent under German law.


    Webster's Dictionary of the Law
Beate Lutzebaeck
New Zealand
Local time: 08:51
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 84
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Barbara Erblehner-Swann
1 hr
  -> Good morning, AKL - another sunny day in windy WLG

agree  Sandra Schlatter
34 days
  -> Thank you, Sandra, for this attempt to get me the points via peer grading ... yep, it's quite frustrating to see that the people you're trying to help can't even be bothered to grade ...
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Changes made by editors
Dec 27, 2009 - Changes made by Steffen Walter:
Field (specific)(none) » Law (general)


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