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Einreden und Einwendungen

English translation: defences barring performance or rights

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20:20 Jan 22, 2002
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
Raksha
United States
Local time: 05:50
English translation:defences barring performance or rights
Explanation:
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:

Beate Lutzebaeck
New Zealand
Local time: 23:50
Grading comment
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

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Summary of answers provided
4 +3objections and exceptions
Kim Metzger
4 +1with the reservation of all other pleas ...
Johanna Timm, PhD
4 +1defences barring performance or rightsBeate Lutzebaeck
4All remaining exceptions and objections are subject to liability and quantity.Klaus Dorn
4defence as to the merits and objections
Kathi Stock


  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
defence as to the merits and objections


Explanation:
as to the dictionary


    Reference: http://europa.eu.int/eurodicautom/login.jsp
Kathi Stock
United States
Local time: 04:50
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 43
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6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
objections and exceptions


Explanation:
Dietl/Lorenz translates these terms separately.

Kim Metzger
Mexico
Local time: 04:50
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1209

Peer comments on this answer (and responses from the answerer)
agree  Maya Jurt: That's it.
10 mins

agree  ekenar
3 hrs

agree  Krokodil: Sounds right to me!
1 day 18 hrs
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10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
All remaining exceptions and objections are subject to liability and quantity.


Explanation:
Two things possible (and I am still trying to figure it out):

Liability and quantity are subject to all remaining exceptions and objections.

All remaining exceptions and objections are subject to liability and quantity.

I think the latter, but I can't fit in the "quantitativ".

Klaus Dorn
Local time: 13:50
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 19
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
defences barring performance or rights


Explanation:
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).


    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 23:50
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 226
Grading comment
Thanks for the detailed explanation, I really liked it. Sorry for having put up the question though it was already in the glossary.

Peer comments on this answer (and responses from the answerer)
agree  Susan Starling: Great solution! I really like your detailed explanations.
14 hrs
  -> The praise of the praiseworthy is above all rewards (Tolkien) ... ;-)
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
with the reservation of all other pleas ...


Explanation:
...and objections regarding liability
(*quantitativ* seems strangely out of place here: if you could please provide the complete sentence ?)

Another variation on the theme, based on Dietl/Lorenz and relevant experience with legal texts


    Dietl Lorzenz
Johanna Timm, PhD
Canada
Local time: 02:50
Native speaker of: Native in GermanGerman
PRO pts in category: 310

Peer comments on this answer (and responses from the answerer)
agree  Eva Blanar
2 mins
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