positive Forderungsverletzung

English translation: positive violation of a contractual duty

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:positive Forderungsverletzung
English translation:positive violation of a contractual duty
Entered by: Dr. Fred Thomson

09:32 Oct 28, 2004
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: positive Forderungsverletzung
Contract describing limitation of liability
Is this 'culpable non-performance' ?
arum
Local time: 00:32
This is not "culpable non-performance"
Explanation:
It is is also not exactly "positive breach of contract."
It is a positive violation of a contractual duty, which can mean, for instance, performing the contractual duty, but going beyond such performance to the detriment of the other party. For instance, if a contract calls for the demolition of a building and the contractor blows up the building (fulfilling his obligation to demolish the building), but also creates a 6 foot deep crater, he has violated his contractual duty positively, and can be held liable for the detriment caused.

--------------------------------------------------
Note added at 4 hrs 47 mins (2004-10-28 14:20:20 GMT)
--------------------------------------------------

Thus, you can see that it does not mean \"non-performance.\" It is in a sense a \"breach of the contract,\" but \"breach\" dos not quite describe what is meant. To be precise one needs to say \"positive violation of a contractual duty.\"
Selected response from:

Dr. Fred Thomson
United States
Local time: 16:32
Grading comment
Thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2previously asked on Proz
Nesrin
4This is not "culpable non-performance"
Dr. Fred Thomson


  

Answers


12 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
previously asked on Proz


Explanation:
http://www.proz.com/?sp=h&id=337554
In addition to the answers provided there, I also found "positive breach of contract"

Nesrin
United Kingdom
Local time: 23:32
Specializes in field
Native speaker of: Arabic
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Derek Gill Franßen: Yes! :-)
3 hrs

agree  Olaf Reibedanz
3 hrs
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
This is not "culpable non-performance"


Explanation:
It is is also not exactly "positive breach of contract."
It is a positive violation of a contractual duty, which can mean, for instance, performing the contractual duty, but going beyond such performance to the detriment of the other party. For instance, if a contract calls for the demolition of a building and the contractor blows up the building (fulfilling his obligation to demolish the building), but also creates a 6 foot deep crater, he has violated his contractual duty positively, and can be held liable for the detriment caused.

--------------------------------------------------
Note added at 4 hrs 47 mins (2004-10-28 14:20:20 GMT)
--------------------------------------------------

Thus, you can see that it does not mean \"non-performance.\" It is in a sense a \"breach of the contract,\" but \"breach\" dos not quite describe what is meant. To be precise one needs to say \"positive violation of a contractual duty.\"

Dr. Fred Thomson
United States
Local time: 16:32
Specializes in field
Native speaker of: English
PRO pts in category: 463
Grading comment
Thanks
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search