Die Zahlung ist effektiv zu bewirken

English translation: see below

14:19 Aug 18, 2000
German to English translations [PRO]
Bus/Financial
German term or phrase: Die Zahlung ist effektiv zu bewirken
The whole sentence is: "Die Zahlung ist effektiv zu bewirken: Aufrechnung und Zurückbehaltung sind ausgeschlossen."
gehlert
English translation:see below
Explanation:
This looks like it requires a bit of paraphrasing:

The basic gist is that the amount due is to be paid in full, and that the payer must not set it off against other claims that he may have, and that he must not retain any monies (such as a discount).


bewirken - to cause, to effect, to give rise to [Zahn, Bank- und Börsenwesen]
aufrechnen
(Re) to offset
– to set off
(StR) to offset
(ReW) to balance against
– to counterbalance
– to offset (eg, debits against credits)
– to match (eg, DM assets against DM liabilities)
Aufrechnung f
(Re) offset
– setoff
(ie, element not of procedural but of substantive law; results in discharge of obligation, §§ 387 ff BGB)
(StR) offset
– setoff
(ie, of a tax against other tax liabilities, § 226 AO)
(ReW) offset
– setoff
– balancing against
– counterbalancing
einbehalten
(Fin) to retain (eg, earnings)
(StR) to withhold (ie, taxes)
(Schäfer, Hyperbook 3.0.2)

zurückbehalten - to retain
zurückbehaltener Prozentsatz - retained percentage, retention rate
Zurückbehaltung - retention [Zahn]

I hope this will help you come up with an elegant sentence to convey the meaning.
Selected response from:

Ulrike Lieder (X)
Local time: 19:41
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
naThe payment is physically to be made.
Tim Drayton
nasee below
Elisabeth Moser
nasee below
Ulrike Lieder (X)
naSee below
Cami Townsend (X)


  

Answers


19 mins
See below


Explanation:
With regard to price, "effektiv" means "actual/effective" according to Oxford/Duden. Here, I think this either means that payment must be made at the actual (retail) price or simply that it actually has to be made; i.e. the person who owes the specified sum can't use amounts owed to him/her to offset the amount (Aufrechnung) and can't withhold any portion of the amount either (Zurückbehaltung).

Cami Townsend (X)
PRO pts in pair: 227

Peer comments on this answer (and responses from the answerer)
Dierk Seeburg
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27 mins
see below


Explanation:
This looks like it requires a bit of paraphrasing:

The basic gist is that the amount due is to be paid in full, and that the payer must not set it off against other claims that he may have, and that he must not retain any monies (such as a discount).


bewirken - to cause, to effect, to give rise to [Zahn, Bank- und Börsenwesen]
aufrechnen
(Re) to offset
– to set off
(StR) to offset
(ReW) to balance against
– to counterbalance
– to offset (eg, debits against credits)
– to match (eg, DM assets against DM liabilities)
Aufrechnung f
(Re) offset
– setoff
(ie, element not of procedural but of substantive law; results in discharge of obligation, §§ 387 ff BGB)
(StR) offset
– setoff
(ie, of a tax against other tax liabilities, § 226 AO)
(ReW) offset
– setoff
– balancing against
– counterbalancing
einbehalten
(Fin) to retain (eg, earnings)
(StR) to withhold (ie, taxes)
(Schäfer, Hyperbook 3.0.2)

zurückbehalten - to retain
zurückbehaltener Prozentsatz - retained percentage, retention rate
Zurückbehaltung - retention [Zahn]

I hope this will help you come up with an elegant sentence to convey the meaning.

Ulrike Lieder (X)
Local time: 19:41
Native speaker of: German
PRO pts in pair: 3525
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1 hr
see below


Explanation:
The payment in effect has to be made.
Or: The payment itself has to be actually produced. A set-off (Brit.)/
Offsetting and retention/withholding are excluded.

Sources: Muret-Sanders
Zurueckbehaltung-econ. Withholding (which I find is the best solution)
jur. retention;
Aufrechnung-offset or set-off/setoff
(br.)
effektiv zu bewirken--(from same source)
zu bewirken means that something has to
be effective done or it has to be actually produced. "Bewirken" in a sense
contains the word "effektiv." I found in
Muret-Sanders also the translation "in effect" for effektiv, which I found pretty good to convey the meaning of this sentence, but then I found in the
same source the second version for the
word "bewirken" and I like it better.

I hope this helps.

Elisabeth Moser
United States
Local time: 22:41
Native speaker of: Native in GermanGerman
PRO pts in pair: 772
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3 hrs
The payment is physically to be made.


Explanation:
'effektiv' is used with a different sense from English 'effective' in the context of finance.

Tim Drayton
Cyprus
Local time: 05:41
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 154
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