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Schuldendienstdeckungsvereinbarung
Fußwalm
Dec 13, 2006 21:53
18 yrs ago
3 viewers *
German term

Unterliegen aus einer Freistellungserklärung

German to English Law/Patents Law (general) intervention
I do not see what the "aus" means here. Given that "Unterliegen" is to lose the case, and a "Freistellungserklärung" is a "deed of release", what does "aus" mean here? I can't make sense of this half-sentence at all:

"und diese (die Beklagten) die Auffassung vertreten, die Streithelferin für den Fall des endgültigen Unterliegens aus einer Freistellungserklärung in Anspruch nehmen zu können."

Somebody please help.
Proposed translations (English)
2 by means of...
3 should the case be lost, they want to invoke the deed of release
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): EMatt

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Discussion

Astrid Elke Witte (asker) Dec 14, 2006:
Why? Because I had the answer I needed and had just sent the translation to the client.
Steffen Walter Dec 14, 2006:
Why did you close this question so quickly? It's always advisable to wait a little longer - equally good or even better suggestions might be posted later on.

Proposed translations

1 hr
Selected

by means of...

...and defendants are of the opinion that in the event of irreversibly losing the case, counsel may be enlisted by means of a deed of release.

Should be 'aus einer Freistellungserklärung heraus in Anspruch'...

Besser wäre 'mittels einer Frei....' etc
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you very much, Klaus! Astrid"
2 hrs

should the case be lost, they want to invoke the deed of release

...[...]and , in case of a an unappealably lost action, the defendants maintain their right to hold the intervening third party liable due to a deed of release..."
That's how I understand it.

[not entirely sure about the 'unappealably', though ]

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Note added at 2 hrs (2006-12-14 00:02:16 GMT) Post-grading
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oops... too late...
Something went wrong...
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