International Translation Day 2018

Join ProZ.com/TV for a FREE event September 25-26th celebrating International Translation Day! 50+ hours of content, Chat, Live Q&A & more. Join 1,000's of linguists from around the globe as ProZ.com/TV celebrates International Translation Day.

Click for Full Participation

Anstelle der unwirksamen ...

English translation: see suggested translation

13:15 May 2, 2003
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: Anstelle der unwirksamen ...
From a commercial agency agreement:

Im Falle der Unwirksamkeit einer Bestimmung dieses Vertarges wird die Wirksamkeit der übrigen Vertragsbedingungen hierdurch nicht berührt. *** Anstelle der unwirksamen oder undurchführbaren Bestimmung gilt eine wirksame und durchführbare Bestimmung als vereinbart, die dem mit der unwirksam oder undurchführbaren Bestimmung beabsichtigten wirtschaftlichen Zweck möglichst nahe kommt.***

Again, I 'm getting lost in the sheer loopiness of it all and can't seem to produce any sensible English. Luckily, this is the last sentence.
Who can help with the bit between ***? Thanks in advance
Nicole Tata
Local time: 15:40
English translation:see suggested translation
Explanation:
In the place of the legally invalid or unworkable provision, a legally valid and workable provision shall be agreed upon which most closely approaches the intended economic purpose of the legally invalid or unworkable provision.
Selected response from:

Ron Stelter
Local time: 09:40
Grading comment
Thanks again, Ron, and everyone else!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3see sentence
hirselina
5 +1see suggested translation
Ron Stelter
4Another possibilty
Kim Metzger
4ineffective and impracticable
gangels
4in lieu/in place of the ineffective and inexecutable terms, effective and executable ones and ...
swisstell


  

Answers


11 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
see suggested translation


Explanation:
In the place of the legally invalid or unworkable provision, a legally valid and workable provision shall be agreed upon which most closely approaches the intended economic purpose of the legally invalid or unworkable provision.

Ron Stelter
Local time: 09:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 31
Grading comment
Thanks again, Ron, and everyone else!

Peer comments on this answer (and responses from the answerer)
disagree  Maureen Holm, J.D., LL.M.: "unworkable" ???
1 hr

agree  John Bowden: Why not "unworkable"?
1 hr
  -> danke

agree  Kim Metzger: Your translation comes very close to the passage Nicole is dealing with and unworkable is spot on. But shall be agreed on is not the same as "gilt als vereinbart".
2 hrs
  -> danke
Login to enter a peer comment (or grade)

14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
in lieu/in place of the ineffective and inexecutable terms, effective and executable ones and ...


Explanation:
closely approaching the intended economic purpose of the original terms
are considered/assumed to be/to have been agreed upon

an attempt, including to cut out one of the three repetitions

swisstell
Italy
Local time: 16:40
Specializes in field
Native speaker of: German
PRO pts in category: 156
Login to enter a peer comment (or grade)

32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
see sentence


Explanation:
http://www.webdudes.com/html/agree.html
"Severability: If any provision of this Agreement, or the application thereof, shall for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and application of such provision to other persons or circumstances shall be interpreted so as best to reasonably affect the intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision."



hirselina
Native speaker of: Native in FrenchFrench, Native in DutchDutch
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Hans G. Liepert: sounds good - at least to a lawyer
20 mins

agree  Maureen Holm, J.D., LL.M.: in the ballpark
58 mins

agree  John Bowden: This is the best suggestion (even though "unworkable" does exist!)
1 hr
Login to enter a peer comment (or grade)

47 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
ineffective and impracticable


Explanation:
vs. effective and practicable

gangels
Local time: 08:40
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 333
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Another possibilty


Explanation:
In the event a provision of this contract is held to be invalid this shall not affect the validity of the remaining contract provisions. The invalid or unworkable provision shall be replaced with a valid and workable provision which comes as close as possible to the intent of the invalid or unworkable provision in economic terms.

--------------------------------------------------
Note added at 2003-05-02 15:18:24 (GMT)
--------------------------------------------------

Partial Dissent/Partial Concurrence of Chief Justice Burger in the Case of Buckley v. Valeo

Here just as the presumption of constitutionality of a statute has been overcome to the point that major proportions and chapters of the Act have been declared unconstitutional, for me the presumption of severability has been rebutted. To invoke a severability clause to salvage parts of a comprehensive, integrated statutory scheme, which parts, standing alone, are unworkable and in many aspects unfair, exalts a formula at the expense of the broad objectives of Congress.


http://www.campaignfinancesite.org/book/html/194.html


Kim Metzger
Mexico
Local time: 09:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1221

Peer comments on this answer (and responses from the answerer)
disagree  Maureen Holm, J.D., LL.M.: "workable'??? et tu, Kim?
19 mins
  -> Undurchführbar is unworkable in Hamblock. Durchführbar is workable. Undurchfsetzbar is unenforceable. You should start taking the language differences into account. Maybe Nicole needs British English.

agree  John Bowden: I'm not sure why you object so vehemently to "unworkable", Maureen: it's not just BE: "Previous versions of the bill had several unworkable provisions including an unlimited cancellation right, 100 percent refund .." www.icfa.org/janwashrpt.htm
59 mins
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