Regelbeispiel
English translation: definitional element / basic facts of a case
| 14:31 Nov 19, 2001 |
| German to English translations [PRO] Law/Patents - Law: Taxation & Customs / tax | |||||||
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|  Selected response from: Beate Lutzebaeck New Zealand Local time: 12:23 | ||||||
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Answers
32 mins confidence: 
standard case Explanation: The literal translation would be regular example, but in the context of the income tax act algorithm it refers to a standard case. Grundtatbestand would be initial findings |
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4 hrs confidence: 
Grundtatbestand = basic elements Explanation: In this context I might even consider "bottom line." I am not sure whether standard case or standard is example is best. |
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4 hrs confidence:
For example: Explanation: meaning "example relative to the category" of question asked Grundtatbestand = simply "Evidence" "Basic evidence" does not sound right |
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5 hrs confidence:
definitional element / basic facts of a case Explanation: Regelbeispiel is actually a term predominantly used in criminal law where it is used to determine the measure of a penalty ("Regelbeispiele sind benannte besonders schwere Fälle, die zur gesetzlichen Vermutung eines besonders schweren Falles führen" Creifelds, Rechtswörterbuch), meaning that if the legal elements of an offence (Tatbestand) are present, it will be presumed that this offence has been committed. Therefore, Regelbeispiele fulfill two roles: they are legal elements of an offence and they determine the measure of punishment. Anyway, without getting to much into the nitty gritty of criminal law, this term is evidently also used in other areas, i.e tax law, where its seems to describe the definitional elements [constituent facts / operative facts] of a legal provision that will lead to a specific legal consequence. Example: Definitional element "Rendite nach Steuern doppelt so hoch wie nach Steuern?" - Yes/No - then ... (ensuing legal consequence). Now, these Regelbeispiele are all variations on the Grundtatbestand, i.e. the "basic facts of a case" or "basic legal elements that lead to a specific legal consequence". I hope I haven't confused you too much with my excursion into criminal law, but I feel this was necessary to explain the background. Dietl/Lorenz Prof. exp. as German/NZ lawyer |
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5 hrs confidence:
basic operative facts = Grundtatbestand Explanation: I've given the Grundtatbestand a bit more thought coz I wasn't too happy with my previous suggestion (Tatbestand and its ususal translation into English being primarily based on criminal law). I suggest "basic operative facts" in analogy to "operative event": "Zeitpunkt,zu dem der Tatbestand eintritt [1] date of the operative event [1] Definition: the date at which the economic purpose of the operation has been attained,as defined in CAP legislation [VE1]" "anspruchsbegründender Tatbestand der Interventionsmaßnahmen = operative event for intervention operations". I prefer "facts" to "event", as event suggests some kind of dynamic relationship, whereas what we are dealing with here is a static determination of facts (or elements of facts) in a legal provision that constitutes the Grundtatbestand. Reference: http://eurodic.ip.lu:8086//cgi-bin/edicbin/expert.pl |
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