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  3. Law: Contract(s)

Salvatorische Klausel

English translation: Severability clause

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Salvatorische Klausel
English translation:Severability clause
Entered by: Kim Metzger

11:33 Jan 9, 2002
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: Salvatorische Klausel
Sollten eine oder mehrere Bestimmungen dieses Vertrages ungültig sein oder werden, wird hierdurch die Wirksamkeit des Vertrages im übrigen nicht berührt. Die Parteien werden dann eine wirksame Regelung treffen, die dem urspruenglichen Regelungszweck moeglichst nahe kommt.
Raksha
United States
Local time: 00:22
Severability clause
Explanation:
Severability Clauses
If you are sailing close to the wind, add a "severability clause" to your non-disclosure agreement. A "severability clause" is a useful bit of boilerplate. You will find it in many different types of legal contracts. What it says is this. If any clause is determined to be invalid, the entire contract should not fail simply because of that one invalid clause. Instead, the invalid clause is "severed" from the contract, hence the term, "severability clause". I have seen some rather creative severability clauses. For example, instead of severing the clause altogether, the parties agree to "reinterpret" the invalid clause to the extent required to render it valid. Lawyers never give up, do they!




--------------------------------------------------
Note added at 2002-01-09 13:14:56 (GMT)
--------------------------------------------------

Should one or several provisions of this agreement be or become invalid, the validity of the remaining provisions of the agreement shall in no way be affected.
Selected response from:

Kim Metzger
Mexico
Local time: 22:22
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +9Severability clause
Kim Metzger
4 +3safeguarding clause
Marcus Malabad
5Other provisions
John Kinory (X)
4safeguarding clause
4catch-all cause
Mary Worby
3escape clause
Glyn Haggett


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
safeguarding clause


Explanation:
Persian Corridor
... made by negotiation with the Russians, and each protocol contained a safeguarding
clause stipulating that the fortunes of war might make delivery impossible, [3 ...
www.army.mil/cmh-pg/books/70-7_09.htm - 79k - Cached - Similar pages

The Avalon Project : Armistice with Italy: Employment and ...
... reason to believe it should be modified and completed lay a subsequent safeguarding
clause. This clause seems to be at odds with the active collaboration given ...
www.yale.edu/lawweb/avalon/wwii/italy06.htm - 8k - Cached - Similar pages

Social partners fail to reach agreement on working time in ...
... to the wording of the text regarding the "more favourable provisions and safeguarding
clause" which is designed to protect national standards where they are ...
www.eiro.eurofound.ie/1998/09/Feature/EU9809127F.html - 34k - Cached - Similar pages

United Nations
... The Preamble of this resolution of admission included a safeguarding clause as
follows: `Recalling its resolution of 29 November 1947 (on partition) and 11 ...
israelonline.multimania.com/united_nations.htm - 27k - Cached - Similar pages

PCF - Collectifs de travail
... vital interests of each nation be preserved by the maintenance of a safeguarding
clause. Within the Council of Ministers, the weighting of votes, (that is the ...
www.international.pcf.fr/europe/0006FrenchPresidence.htm - 21k - Cached - Similar pages




Native speaker of:

3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
safeguarding clause


Explanation:
Persian Corridor
... made by negotiation with the Russians, and each protocol contained a safeguarding
clause stipulating that the fortunes of war might make delivery impossible, [3 ...
www.army.mil/cmh-pg/books/70-7_09.htm - 79k - Cached - Similar pages

The Avalon Project : Armistice with Italy: Employment and ...
... reason to believe it should be modified and completed lay a subsequent safeguarding
clause. This clause seems to be at odds with the active collaboration given ...
www.yale.edu/lawweb/avalon/wwii/italy06.htm - 8k - Cached - Similar pages

Social partners fail to reach agreement on working time in ...
... to the wording of the text regarding the "more favourable provisions and safeguarding
clause" which is designed to protect national standards where they are ...
www.eiro.eurofound.ie/1998/09/Feature/EU9809127F.html - 34k - Cached - Similar pages

United Nations
... The Preamble of this resolution of admission included a safeguarding clause as
follows: `Recalling its resolution of 29 November 1947 (on partition) and 11 ...
israelonline.multimania.com/united_nations.htm - 27k - Cached - Similar pages

PCF - Collectifs de travail
... vital interests of each nation be preserved by the maintenance of a safeguarding
clause. Within the Council of Ministers, the weighting of votes, (that is the ...
www.international.pcf.fr/europe/0006FrenchPresidence.htm - 21k - Cached - Similar pages



Marcus Malabad
Canada
Works in field
Native speaker of: Native in EnglishEnglish, Native in TagalogTagalog
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: Also severability clause. See ProZ glossary.
7 mins
agree  Kathi Stock
9 mins
agree  Pee Eff (X): Also protective clause. See EuroDicAutom.
30 mins
disagree  John Kinory (X): This is a purely standard and conventional wording. I don't believe British contracts, at least, call it that.
1 hr
agree  Sven Petersson
1 hr
neutral  Ulrike Lieder (X): based on the context given, should be severability clause
4 hrs
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8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
catch-all cause


Explanation:
That's what I've always called it, but I can't remember what my original reference was!

Gets a few hits on Google, anyway!

HTH

Mary


    Reference: http://www.google.co.uk/search?q=%22catch-all+clause%22&hl=e...
Mary Worby
United Kingdom
Local time: 05:22
Native speaker of: English
PRO pts in category: 59

Peer comments on this answer (and responses from the answerer)
neutral  John Kinory (X): That's what it is, of course. Not sure I'd call it that in a formal document.
54 mins
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1 hr   confidence: Answerer confidence 5/5
Other provisions


Explanation:
I've called it that many many times, and nobody's commented or complained.

John Kinory (X)
Local time: 05:22
PRO pts in category: 4
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +9
Severability clause


Explanation:
Severability Clauses
If you are sailing close to the wind, add a "severability clause" to your non-disclosure agreement. A "severability clause" is a useful bit of boilerplate. You will find it in many different types of legal contracts. What it says is this. If any clause is determined to be invalid, the entire contract should not fail simply because of that one invalid clause. Instead, the invalid clause is "severed" from the contract, hence the term, "severability clause". I have seen some rather creative severability clauses. For example, instead of severing the clause altogether, the parties agree to "reinterpret" the invalid clause to the extent required to render it valid. Lawyers never give up, do they!




--------------------------------------------------
Note added at 2002-01-09 13:14:56 (GMT)
--------------------------------------------------

Should one or several provisions of this agreement be or become invalid, the validity of the remaining provisions of the agreement shall in no way be affected.


    Reference: http://www.technz.co.nz/business/nondisclosure/nondisc10.htm
Kim Metzger
Mexico
Local time: 22:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1256
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Marcus Malabad: yes!
2 mins
agree  Ralf Lemster: That's the one!
4 mins
agree  Anne McLintic Smith: Yes, this is definitely the one.
12 mins
agree  Dr. Fred Thomson: This is the standard expression used by us lawyers in the States.
1 hr
  -> In the UK as well.
agree  Karin Walker (X): I've also seen saving clause. Hint: Schäfer gives a template clause in his Wirtschaftswörterbuch.
1 hr
  -> Also separability clause.
agree  Susan Starling: Absolutely - this is the standard expression.
1 hr
agree  Ulrike Lieder (X): standard clause in contracts, at least in the US
3 hrs
agree  Beate Lutzebaeck: Quite - saving clause is also used, but could lead to confusion because of its specific meaning outside the area of contract law
6 hrs
agree  Astrid Elke Witte: Yes, this is absolutely correct.
5 days
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
escape clause


Explanation:
This is the term I have always used for "Salvatorische Klausel" since my time working for a law firm in Germany. Unfortunately, I have not been able to find any dictionary entries, etc. back it up.

--------------------------------------------------
Note added at 2002-01-09 16:10:19 (GMT)
--------------------------------------------------

Sorry - the end of the last line should read: \"etc., to back it up\".

Glyn Haggett
United Kingdom
Local time: 05:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
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