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.
(BrE) I do hereby give notice of disclaimer of contracts pursuant to s. 103 InsOrder
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 a lot for this. Since most of the customers addressed are not native speakers of the english language, I was looking for a term that would be generally understood. I like the "non-performance", because "performance" is something customers of an IT provider can very easily understand - as well as "disclaimer" ;-)
It's difficult to select the best answer here, but I have enough material now to close the discussion.
he actually refuses the performance of the contract pursuant to Section 103 InsO. (See the German and English Versions of InsO) So I'd rather use "performance" than "compliance".
Maybe something as simple as "I refuse performance of the contracts pursuant to section 103 of the German Insolvency Statute (InsO).
For some reason it took a long time to post this. I see that the question has already been dealt with.
Automatic update in 00:
8 mins confidence: peer agreement (net): +2
I elect non-performance under section 103 of the German Insolvency Code
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