This question was closed without grading. Reason: No acceptable answer
Nov 1, 2005 07:48
18 yrs ago
9 viewers *
German term

Abnahmepflicht

German to English Law/Patents Law: Contract(s) Sewage/Wastewater Use Contract
"3.4 Abnahmepflicht

ABC ist während der Laufzeit dieses Term Sheet zwar nicht nur Einleitung von Abwasser, wohl aber - nach Maßgabe der unten stehenden Ziffer 5 - zur Vergütung der bei DEF im Bereich Abwasser anfallenden Kosten verpflichtet."

From a contract between two companies whereby one is allowing the other to use its sewage system to dispose of waste. I'm not sure what exactly is meant by Abnahmepflicht. Is it just "obligation to pay"? What is the correct legal term, please? TIA for your help.

Discussion

Rowan Morrell (asker) Nov 16, 2005:
What Happened To Close Without Grading? The "Close Without Grading" option seems to have disappeared, and you now have to decline all answers. Can't say I like this particular innovation, even though I like a lot of the changes that have been made to KudoZ.

Anyway, from that 5th clause it seems the "Abnahmen" were actually payments, so it does seem that, in this specific context, Abnahmepflichten is obligations to pay.

None of the answers were very convincing, so I just couldn't decide which one to select. Nonetheless, I do thank you for your efforts and apologise for taking so long to close the question.
Adrian MM. (X) Nov 1, 2005:
OK Rowan. Walter, shouldn't you be agreeing with me?
Parzival Nov 1, 2005:
The operator of a public sewage system (Kanalisation) is by law obliged to accept polluted water into the system /to take it away and process it. With clean water such obligation would fall away - see for instance: www.admin.ch/ch/d/sr/814_20/a11.html
Rowan Morrell (asker) Nov 1, 2005:
Tom I've quoted the entire clause. I could quote Clause 5, but I'm dealing with a PDF document that I can't copy and paste, so I have to type everything out when providing context, which is rather tedious. Clause 5 does refer to "Abnahmen" as a kind of concrete noun though.

Proposed translations

16 mins

No, obligation to pay would be Zahlungspflicht which they refer to under No. 5

Declined
Abnahmepflicht can be translated with obligation to take delivery - see if it would fit here
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+1
27 mins

Obligation to accept

Declined
This is the German equivalent to the Austrian and Swiss law, "Annahmepflicht".
Peer comment(s):

agree Parzival : The proper term is "Abnahme", I would say - because of the priority of "taking it (pollutants) away" - i.o.w.: to unburden
58 mins
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34 mins

Duty to take delivery {take in sewage}

Declined
How does does the clause go on? I suspect with Abnahme von Abwasser e.g. take in the sewage and not pay the money.

NB Abnahme has a specific legal meaning. In Germany, is covered by the BGB.

Abnahmepflicht. Gesetze. BGB § 533 Verzicht auf Widerrufsrecht · BGB § 640 Abnahme ·
Impressum. © WDR 2005.



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