Kausalgeschäft

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07:23 May 27, 2007
This question was closed without grading. Reason: No acceptable answer

German to English translations [PRO]
Law/Patents - Law: Contract(s) / E-Commerce
German term or phrase: Kausalgeschäft
This term is used several times in the document. Some examples:

"Die Parteien sind sich darüber einig, dass hiermit lediglich der rechtliche Rahmen für den elektronischen Datenaustausch festgelegt wird. Für das mit dem Dokumentenaustausch zu bewirkende Rechtsgeschäft (Kausalgeschäft) gelten ausschließlich die dort vereinbarten Geschäftsbedingungen"

and

"Soweit ein elektronisches Angebot abgegeben wird und das Kausalgeschäft keine Regelung enthält, besteht eine Bindungsfrist von 30 Kalendartage."

I have of course researched this and found German explanations of the principle here (not that I am sure I understand it). I have also found "valuable consideration" and "executory contract" as potential English terms, but these don't seem to fit at all.

The term does seem to be referring to the actual contract here, but obviously this is very specific to the German legal system and I would like to be able to show the specificity (Kausalgeschäft vs. abstraktes Geschäft) in the English if at all possible.

Any input is welcome - thanks!
Kaiya J. Diannen
Australia


Summary of answers provided
4consequent(ial) business
David Moore
4underlying contractual obligation
camac
4preliminary contract of sale; executory contract
xxxAdrian MM.
3subsequent business transaction
SusieZ
3binding agreement
Axel Seyler
2 +1underlying legal transaction
Textklick


Discussion entries: 3





  

Answers


4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
consequent(ial) business


Explanation:
I think I'd choose one of these two; although "subsequent" isn't necessarily wrong, it doesn't suggest the "causal" element as contained in the German, whereas this does. IMO.

Mind you, you don't actually compare this with an "abstraktes Geschäft", do you? And if so, where is the latter with which you are comparing it?

David Moore
Local time: 00:10
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 373
Notes to answerer
Asker: Hi, my document doesn't compare the two directly, but I think it is specifically referring to the fact that there is a separate contract (other than the one being translated) that *will* contain the basis of further legally binding obligations. As per the definition I have found: "Rechtsgeschäfte, bei denen sich der Rechtsgrund (causa) entnehmen läßt, nennt man Kausalgeschäfte. Die Parteien müssen sich bei einem Kausalgeschäft auf den Rechtsgrund geeinigt haben, ist dies nicht der Fall, so liegt kein gültiges Kausalgeschäft vor", I am leaning towards an explanatory answer, such as "transaction with contractually specified legal basis"

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9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
binding agreement


Explanation:
The context leads me to believe that this is probably a correct translation. Also, in the Alpmann Brockhaus "Fachlexikon Recht", I found the following statement: "Das Verpflichtungsgeschäft (z.B. Kaufvertrag...) als Kausalgeschäft ist Anknüpfungspunkt für die Grunderwerbssteuer...."

Axel Seyler
Local time: 18:10
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 102

Peer comments on this answer (and responses from the answerer)
neutral  Textklick: "Das Verpflichtungsgeschäft (z.B. Kaufvertrag...) als Kausalgeschäft" So you are saying that the binding agreement is a binding agreement?
5 hrs
  -> I am suggesting that a Kausalgeschäft is a binding agreement.
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
subsequent business transaction


Explanation:
This, as far as I understand it, refers to the business transaction to follow in a next step. Follow-up business was my first thought. But doesn't flow well in this context. I did find online a text using the term "causal business" referring to the same thing, but it doesn't look like that is used very often.

I'd use

subsequent business
subsequent transactions
subsequent agreements





--------------------------------------------------
Note added at 13 hrs (2007-05-27 21:13:53 GMT)
--------------------------------------------------

After reading David's comment, I searched some more. There is plenty of references to "causal obligation", which might fit here, referencing a definitive "causa", and "obligation" basically creating the "binding" association of any subsequent legal transaction.

SusieZ
United States
Local time: 18:10
Specializes in field
Native speaker of: English
PRO pts in category: 35
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15 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
underlying legal transaction


Explanation:
According to LS/Alpmann Schmidt. See also Google.

Textklick
Local time: 23:10
Works in field
Native speaker of: English
PRO pts in category: 40

Peer comments on this answer (and responses from the answerer)
agree  Astrid Cruse: spot on!
12 hrs
  -> Thanks Astrid. Your profile lends credence to your agreement.
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1 day 9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
preliminary contract of sale; executory contract


Explanation:
I see you don't like executory contract, so is included second. cf. the distinction ine the Eng. sale of goods between a non-binding prelim. agreement to sell and a binding contract of sale.

This is the PRELIM. obligational part of the Abstraktionsprinzip vs. the ENSUING actual delivery of physical possession.

Though German law dictionaries concentrate on the causal part as in ursächlich, the Roman civil-law term causa - as in the French la cause etc. - is closer to the underlying consideration for a deal: Mazza F., Kausale Schuldverträge, 2002.

Whilst I like Textklick's version, exec. contract or prelim. agreement fits better with the quote e.g. it is the contract and not the transaction that contains no arrangement: Kausalgeschäft keine Regelung enthält.













Example sentence(s):
  • EXECUTORY CONTRACT. A contract under which something remains to be done by one or more of the parties.
  • The agreement to sell includes a specific clause related to the exercise of the ... is released from his obligations as defined in the preliminary contract. ...

    Reference: http://www.4554.com/Glossary/EXECUTORY_CONTRACT.html
    Reference: http://www.eupp.co.uk/article/?id=6
xxxAdrian MM.
Local time: 00:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 572
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2 days 8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
underlying contractual obligation


Explanation:
None of the answers so far translates the principle of abstraction in German into something a foreign lawyer could understand.
Here the parties point out that the rules they wish to establish for the echange of documents are separate from those of the legal transaction they relate to (= Kausalgeschäft)

camac
Local time: 00:10
Specializes in field
Native speaker of: Native in GermanGerman
Notes to answerer
Asker: Thank you, I think this does come closest to the concept that I was trying to address, but because the term was used in so many different ways in my particular document, it didn't quite seem to fit. But this was very astute!

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