Oct 11, 2007 15:41
17 yrs ago
2 viewers *
German term

Verrechnungsmasse

German to English Law/Patents Law (general) legal dispute
In a dispute the Defendant wishes to have one of the Plaintiff's witnesses dismissed as he is also a party to the Plaintiff's claim: "Der Drittwiderbeklagte (who is the witness cited) hat ein eigenes Interesse daran, die Klageforderung durchzusetzen, **um Verrechnungsmasse darzustellen**".

As the whole case revolves around how much money the Defendant owes the Plaintiff, and the Third-Party Counter-Defendant in effect belongs to the Plaintiff's party, I'm assuming that this sentence means that the Third-Party Counter-Defendant has an inherent interest in enforcing the Plaintiff's claim as he wants money. But I have no idea how to render "um Verrechnungsmasse darzustellen". Does anyone have any bright ideas?

Discussion

Jane Luther (asker) Oct 12, 2007:
Yes, it is written by the defence
Vito Smolej Oct 11, 2007:
Possible meaning: the 3rd party wants the claim to be sustained, so that the disposable mass be established by the court.... btw, the sentence following makes it all less, not more clear to me, except if its written by the defense. regards
Jane Luther (asker) Oct 11, 2007:
It occurs to me that the next sentence might be of help here:
"Es soll ein überschießender Betrag nicht verbleiben, auf dessen Zahlung er verurteilt werden könnte."

Proposed translations

58 mins
German term (edited): Verrechnungsmasse darstellen
Selected

to prepare the ground to get his settlement

I think that '... um Verrechnungsmasse darzustellen..' means that the witness wants part of the settlement that the plaintiff will receive from the defendent. 'Darstellen' in this sense can be interpreted as 'subtly trying to point out something'. 'Verrechnungsmasse' refers to the part of the settlement amount that the witness feels is his due.
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4 KudoZ points awarded for this answer. Comment: "I wish I could have split the points between Anindita and Tom, but that's not possible. This comes closer to what I put in the end, so this is where the points go (settlement here means settlement of invoices, not settlement in the sense of a Ver/Ausgleich btw). Thanks to everyone for their input"
+1
54 mins

offset or setoff amount

I believe this is it
Peer comment(s):

agree Teresa Reinhardt
1 hr
Thank you, Teresa
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2 days 17 hrs
German term (edited): Verrechnungsmasse darstellen

add to the chargeable fund available (for share-out)

This is litigation that is going ahead. I don't read any settlement - Ver/Ausgleich - into it.


Disposable mass = property fund available for distribution to creditors or, in this case, for appropriation by the court to the litigants.

Chargeable: not to tax, but as a pool of assets to be resorted to.

Example sentence:

The result then depends not on the nature and importance of the public interests served but on locating some chargeable fund that a public agency, ...

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