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pönalisiert

English translation: penalised

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:pönalisiert
English translation:penalised
Entered by: Astrid Elke Witte
Options:
- Contribute to this entry
- Include in personal glossary

20:26 Mar 25, 2002
German to English translations [PRO]
Bus/Financial - Law: Contract(s)
German term or phrase: pönalisiert
In the context of deadlines, e.g. "Bauausführungsende (pönalisiert)" and

"Für den Fall, daß der Auftragnehmer die pönalisierte Termine nicht einhält..."
Astrid Elke Witte
Germany
Local time: 23:47
penalized
Explanation:
Standard legal lingo

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Note added at 2002-03-25 20:34:32 (GMT)
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Meaning there will be a penalty if the contractor doesn\'t keep his deadlines.

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Note added at 2002-03-25 20:35:09 (GMT)
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Meaning there will be a penalty if the contractor doesn\'t keep his deadlines.
Selected response from:

Friedrich Reinold
United States
Local time: 14:47
Grading comment
Thank you, Tom! I didn't realise that this term was just the word "penalised" made German. This is all that I needed to know.

Sorry for the delay in giving the points. I was thrown out by the varied responses to my question.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1penaliseSandra Schlatter
4a penalty clause is triggered if deadline not met
swisstell
4penalty-boundMichael Sebold
4 -1Should the contracting party fail to meet its agreed deadline and becomes subject to penalty, ....
R. A. Stegemann
4 -1penalised
Eva Blanar
4 -1penalized
Friedrich Reinold


  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
penalized


Explanation:
Standard legal lingo

--------------------------------------------------
Note added at 2002-03-25 20:34:32 (GMT)
--------------------------------------------------

Meaning there will be a penalty if the contractor doesn\'t keep his deadlines.

--------------------------------------------------
Note added at 2002-03-25 20:35:09 (GMT)
--------------------------------------------------

Meaning there will be a penalty if the contractor doesn\'t keep his deadlines.

Friedrich Reinold
United States
Local time: 14:47
Native speaker of: Native in GermanGerman
PRO pts in category: 4
Grading comment
Thank you, Tom! I didn't realise that this term was just the word "penalised" made German. This is all that I needed to know.

Sorry for the delay in giving the points. I was thrown out by the varied responses to my question.

Peer comments on this answer (and responses from the answerer)
disagree  R. A. Stegemann: Agree, but who would say "penalized contract" in this context? The deadline is not punishable, rather it is the failure to meet the deadline.
3 hrs
  -> Agree with your comment. Therefore I added the note later to clarify the meaning.
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6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
a penalty clause is triggered if deadline not met


Explanation:
that's what it means.

swisstell
Italy
Local time: 23:47
Specializes in field
Native speaker of: German
PRO pts in category: 156

Peer comments on this answer (and responses from the answerer)
neutral  R. A. Stegemann: Yes, a contract, "whose penalty clause is triggered, if the deadline is not met".
3 hrs
  -> have we got a nitpicker here? I was just giving the LEAD, not the whole phrase.
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9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
penalised


Explanation:
or penalized (US)

I think the deadline is not "penalised", but a penalty is charged for non-completion.

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Note added at 2002-03-26 21:31:23 (GMT)
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pönalisierte Termine: deadlines, connected with penalty obligation


Eva Blanar
Hungary
Local time: 23:47
Native speaker of: Hungarian
PRO pts in category: 15

Peer comments on this answer (and responses from the answerer)
disagree  R. A. Stegemann: This is good logic and will fit nicely into someone's glossary, but does not satisfy the context given.
3 hrs
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9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
penalise


Explanation:
I think in German the use of "poenalisiert" is as unusual in this context as "penalised" is in English.

They are probably misusing the word, what they really want to say is that there is a penalty to enforce the deadline, not that the penalty is actually being incurred.

Hope this makes sense?

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Note added at 2002-03-25 20:39:07 (GMT)
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Just wanted to add that \"poenalisiert\" is actually a hardly used word in German, even in a formal legal text I would expect to read \"strafbewehrt\" or some equivalent, hence my assumption that someone got it wrong in an attempt to sound \"posh\".

Sandra Schlatter
Local time: 22:47
Specializes in field
Native speaker of: Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
neutral  R. A. Stegemann: Interesting analysis and a good glossary entry, but where is the "contextual" translation?
3 hrs

agree  Steffen Pollex: There does not seem to be a "contextual translation". "Poenalisieren" is, in Austrian German, indeed "bestrafen,unter Strafe stellen"=in English "penalis(z)e. It originally does not fit in German here. I would recheck with the client what they really mean
10 hrs
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41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
penalty-bound


Explanation:
. . . is an ugly way of saying it. I would say: "In the event that the contractor does not meet the deadlines, for which (specific) penalties have been outlined, . . ."


Michael Sebold
Canada
Local time: 17:47

Peer comments on this answer (and responses from the answerer)
disagree  R. A. Stegemann: You are right, it is "an ugly way of saying it". So why do you suggest it?
3 hrs
  -> I suggested it, Hamo, with the intent of clarifying for the asker the meaning of the phrase. Taken in its entirety, I believe, my suggestion does just that.

agree  Eva Blanar: I think this is the best suggestion!
1 day23 mins
  -> Thanks, Eva.
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
Should the contracting party fail to meet its agreed deadline and becomes subject to penalty, ....


Explanation:
Should the contracting party fail to meet its agreed deadline and becomes subject to penalty, ....

Also, I would like to add a few remarks about the word pönalisieren. It is probably a French loan word taken from "pénaliser" - not an English loan word. Moreover the umlaut over the "o" is quite common in German, where French loan words are concerned -- e.g. Ökonometrie.

Finally, when it comes to German law, you will likely find the French influence far stronger than the British, as continental and anglophonic law have two very different historical sources.

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Note added at 2002-03-26 00:27:15 (GMT)
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OK, everyone. It is your turn!

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Note added at 2002-03-26 07:59:27 (GMT)
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In a personal email Michael Siebold has taken offense with regard to my comment about his having offered an ugly translation. As I can understand his point of you, I would like to apologize for any mischief that has been created because of it and will refrain from making further non-substantive comments in the future. It was meant as constructive criticism -- not damaging rhetoric.

R. A. Stegemann
Saudi Arabia
Local time: 06:47
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
disagree  wrtransco: lat. poena = Strafe is the origin! Ever had Latin? And German law has its origin in Roman law.
5 hrs
  -> It is not a matter of where the word originated, but how it got into the German language.
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Changes made by editors
Jan 22, 2008 - Changes made by Steffen Walter:
Term asked » pönalisiert
Field (specific)(none) » Law: Contract(s)


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