|German to English translations [PRO]|
Bus/Financial - Law: Contract(s)
|German term or phrase: Einreden und Einwendungen|
|Vorbehalten bleiben alle übrigen Einreden und Einwendungen hinsichtlich Haftung und Quantitativ|
|Local time: 05:50|
|English translation:defences barring performance or rights|
Hi, Raksha, I answered this KudoZ question a while ago and am now copying my previous answer:
This is a toughie, as Anglo-American law does not distinguish between Einrede and Einwendung.
As oppososed to Einrede "the judge has to consider the Einwendung ex officio (even if it has not been raised by a party) (also as per Dietl/Lorenz).
Incidently, both Dietl/Lorenz and Romain provide the same translations for Einrede and Einwendung (defence, objection and also plea and exception, albeit with extensive explanations), therefore we have to dig deeper to find a solution that carries their actual meaning across into English.
There are numerous forms of Einreden and Einwendungen, both in substantive and procedural law although I hazard to guess that in your context they are trying to cover all their bases by using both terms in the widest possible sense.
Without getting into the nitty gritty of German legal theory, the main difference between the two is that the Einrede does not affect the right as such but only entitles the person relying on an Einrede to refuse performance (the right will continue to exist and may at some stage be enforceable). The Einwendung, on the other hand, will destroy the right as such, not only its enforceability but also its existence.
I would therefore propose the following translation: Einrede = defence barring performance / Einwendung = defence barring a right
Suggested translation for your sentence, Raksha: "We reserve the right to raise [assert] any other defences barring performance or rights with regard to both liability and quantity."
Btw: the German sentence is not grammatically correct, "quantitativ" is an adjective/adverb but is used as a noun here. I think what they are trying to say is that they reserve their relevant rights in terms of liability (kind of a fundamental question) and the quantity/extent of something (whatever that something is in your context).
Selected response from:
Local time: 23:50
|Thanks for the detailed explanation, I really liked it. Sorry for having put up the question though it was already in the glossary. |
4 KudoZ points were awarded for this answer
2 mins confidence: 6 mins confidence: peer agreement (net): +3
objections and exceptions
Dietl/Lorenz translates these terms separately.
Local time: 04:50
Specializes in field
Native speaker of: English
PRO pts in category: 1209
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