Vertragszwang

English translation: consistent with the spirit of the contract

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Vertragszwang (unter Berücksichtigung des V.)
English translation:consistent with the spirit of the contract
Entered by: Maureen Holm, J.D., LL.M.

13:04 Jun 20, 2003
German to English translations [PRO]
Law/Patents - Law: Contract(s) / factoring agreement
German term or phrase: Vertragszwang
2. Für diesen Fall soll diejenige ergänzende und/oder ersetzende Regelung erfolgen, welche dem ausgedrückten oder notfalls mutmaßlichen Willen der Parteien unter Berücksichtigung des **Vertragszwanges** entspricht und/oder ihm am nächsten kommt.
Maureen Holm, J.D., LL.M.
United States
Local time: 00:33
remaining provisions of the contract
Explanation:
closest to the intent of the contracting parties or the [spirit] of the remaining provisions of the contract

(I think that's the idea of the inseverability/saving clause. If one clause proves invalid, another clause should be found that matches the parrties' intentions and does not invalidate the remaining provisions (which naturally define the rights and obligations of the parties, hence "Zwang").

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Note added at 2003-06-20 13:29:07 (GMT)
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sorry: severability
Anyway, the basic idea is that the rest (remaining provisions) still stands:

Councilor Kelly clarified that because of the severability clause in the amendment to the charter, even though the court struck down the clause for defining who paid fees, the rest of the charter amendment still stood as part of the City Charter and needed to be implemented until there was another public vote.

http://www.ci.eugene.or.us/Council/minutes/000124m2.htm
Selected response from:

William Stein
Costa Rica
Local time: 22:33
Grading comment
That's deep-structure translation.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1contract obligations
uparis
4remaining provisions of the contract
William Stein
4constraints
Anil Gidwani
2contractual necessity
writeaway


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
contract obligations


Explanation:
That's my guess

uparis
Local time: 06:33

Peer comments on this answer (and responses from the answerer)
agree  Cécile Kellermayr: I think this is a good guess (http://www.ci.broomfield.co.us/code/_DATA/TITLE05/Chapter_5_...
2 mins
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10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
constraints


Explanation:
taking into consideration the constraints imposed by the agreement

Anil Gidwani
India
Local time: 10:03
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in HindiHindi
PRO pts in category: 23
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10 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
contractual necessity


Explanation:
Contractual necessity. The Privacy Directive allows transfers that are necessary for the performance of a contract with the EU individual, or for pre-contractual measures taken in response to the individual's request. This approach may be preferable for U.S. companies that engage in individual transactions with EU persons. The Privacy Directive also allows transfers that are necessary for the conclusion or performance of a contract concluded in the interest of the individual, such as the processing of a transaction or application submitted by the individual.
www.haledorr.com/publications/ pubsdetail.asp?ID=75915122002 - 19k

Insurance Payment of Insurance Premium As a Contractual Necessity By Jacob Erhabor In the principles of law of contract, we are ...
www.thisdayonline.com/archive/ 2001/05/09/20010509bus19.html - 16k

in case the shoe fits.... HTH

writeaway
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 54
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
remaining provisions of the contract


Explanation:
closest to the intent of the contracting parties or the [spirit] of the remaining provisions of the contract

(I think that's the idea of the inseverability/saving clause. If one clause proves invalid, another clause should be found that matches the parrties' intentions and does not invalidate the remaining provisions (which naturally define the rights and obligations of the parties, hence "Zwang").

--------------------------------------------------
Note added at 2003-06-20 13:29:07 (GMT)
--------------------------------------------------

sorry: severability
Anyway, the basic idea is that the rest (remaining provisions) still stands:

Councilor Kelly clarified that because of the severability clause in the amendment to the charter, even though the court struck down the clause for defining who paid fees, the rest of the charter amendment still stood as part of the City Charter and needed to be implemented until there was another public vote.

http://www.ci.eugene.or.us/Council/minutes/000124m2.htm

William Stein
Costa Rica
Local time: 22:33
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 64
Grading comment
That's deep-structure translation.
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