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Ich erkläre die Nichterfüllung gemäß §103 InsO.

English translation: (BrE) I do hereby give notice of disclaimer of contracts pursuant to s. 103 InsOrder

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Ich erkläre die Nichterfüllung gemäß §103 InsO.
English translation:(BrE) I do hereby give notice of disclaimer of contracts pursuant to s. 103 InsOrder
Entered by: Tanja Urban
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17:26 Nov 8, 2013
German to English translations [PRO]
Law/Patents - Law: Contract(s) / Insolvency proceedings IT service provider
German term or phrase: Ich erkläre die Nichterfüllung gemäß §103 InsO.
A letter from the insolvency administrator (IA) to customers of an IT service provider that is going out of business.
IA wants to state that he is not going to fulfill the company's contracts/service obligations any more because systems will be shut down soon.
InsO is the german "InsolvenzOrdnung", regulations on legal proceedings in the insolvency. §103 refers to the IA's right to choose whether he is going to fulfill contracts or not. Customers addressed are situated in UK, Benelux, Poland and other EU countries and will not be familiar with the details of InsO.

Is there something like "delaration of non-compliance"?

Thanks for your help!
Tanja
Tanja Urban
Germany
Local time: 05:17
(BrE) I do hereby give notice of disclaimer of contracts pursuant to s. 103 InsOrder
Explanation:
Disclaimer of onerous contracts and *onerous* leases.

This is what would most probably be used in actual practice by UK and Irish insolvency practitioners, accountants, bankers and lawyers.

Compare a Nichteintrittserklärung.
Selected response from:

xxxAdrian MM.
Local time: 05:17
Grading comment
Thank you, Tom, wording is easy to understand without deep knowledge of insolvency law, suits my purpose very well!
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2I elect non-performance under section 103 of the German Insolvency Code
Johanna Timm, PhD
4 +1(BrE) I do hereby give notice of disclaimer of contracts pursuant to s. 103 InsOrderxxxAdrian MM.
3I declare non-fulfilment in accordance with...
Yorkshireman
3I declare non-performance pursuant to s. 103 InsO.
Steffen Walter


Discussion entries: 9





  

Answers


8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
I elect non-performance under section 103 of the German Insolvency Code


Explanation:
If the administrator elects non-performance, the other party will only have a claim for non-performance which it can assert as any insolvency creditor.
http://kluwerpatentblog.com/2013/09/17/licenses-withstand-ge...

The US Bankruptcy Court for the Eastern District of Virginia (Supplemental order of 19 Nov 2009, Case No. 09-14766-RGM) held that § 103 German Insolvency Code granting the insolvency administrator the right to elect non-performance of executory contracts should enjoy priority over the US rule for executory contracts in § 365 US Bankruptcy Code which grants the contract parties certain rights to executory contracts.
http://blog.dlapiper.com/DErestructuring/category/Case law


Johanna Timm, PhD
Canada
Local time: 20:17
Native speaker of: Native in GermanGerman
PRO pts in category: 310

Peer comments on this answer (and responses from the answerer)
agree  Caroline Folz-Jorgensen
7 mins

agree  AllegroTrans
1 hr

neutral  Lancashireman: Strange use of the EN verb 'elect' by these two bloggers. Might well be misunderstood by "customers of an IT service provider in UK, Benelux, Poland and other EU countries". // But will the D.A. buy it?
7 hrs
  -> hmm.. attorneys listed as contributors in both of the above blogs seem to have offices in various European countries, including the UK...
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10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
I declare non-fulfilment in accordance with...


Explanation:
If the insolvency administrator’s right to choose between fulfilment or non-fulfilment of a contract is removed by a contractual rescission clause in relation to a contract which is beneficial to the assets, this would contradict the legislator’s intention when introducing section 103 of the InsO.


    Reference: http://www.lexology.com/library/detail.aspx?g=9f218127-31a2-...
Yorkshireman
Germany
Local time: 05:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
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13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
I declare non-performance pursuant to s. 103 InsO.


Explanation:
I opt for (contractual) non-performance pursuant to s. 103 InsO.

See translation of the InsO at http://www.gesetze-im-internet.de/englisch_inso/index.html (go to Section 103).

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Note added at 14 mins (2013-11-08 17:40:11 GMT)
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... pursuant to the German Insolvency Statute (Insolvenzordnung; InsO).

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Note added at 14 mins (2013-11-08 17:40:45 GMT)
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Another correction/change: "... pursuant to s. 103 of the German Insolvency Statute (Insolvenzordnung; InsO)."

Steffen Walter
Germany
Local time: 05:17
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 625
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
(BrE) I do hereby give notice of disclaimer of contracts pursuant to s. 103 InsOrder


Explanation:
Disclaimer of onerous contracts and *onerous* leases.

This is what would most probably be used in actual practice by UK and Irish insolvency practitioners, accountants, bankers and lawyers.

Compare a Nichteintrittserklärung.


    Reference: http://www.proz.com/kudoz/german_to_english/law_general/4757...
xxxAdrian MM.
Local time: 05:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 572
Grading comment
Thank you, Tom, wording is easy to understand without deep knowledge of insolvency law, suits my purpose very well!

Peer comments on this answer (and responses from the answerer)
agree  Lancashireman: This is the version I would elect. Performs well in context.
5 mins
  -> Thanks and good punning. You obviously know your UK insolvency practice.
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