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17:15 Dec 15, 2010
German to English translations [PRO] Bus/Financial - Law (general) / corporate law
German term or phrase:über etw. schweben
Strange that I have not come acroos this word or cannot find an explanation. Does it mean "takes precedence?"
Wenn die Gesellschaft einen Corporate Governance Codex aufstellt, schwebt dieser über dem Gesellschaftsvertrag.
Thanks to everyone for the great help - somewhere along the line of researching I even came across the suggestion of "over-arching" in related kudoz discussions; this seems to come close to the idea of hovering/schweben, but at the same time seems to be an equivalent of superseding.
Then I would choose "apply to", or "form part of". e.g. The Codex applies to/forms part of this agreement/these articles.
Or parties to this agreement must abide by the Codex. Something along those lines.
... still seems to be somewhat in flux/in doubt, and very open to interpretation by court. In one way, it "governs" or "prevails over" the articles of association. However, it is not a law in the proper sense and only formulates "best practise" principles. On top of that, in part it just restates what is required by law anyway, and many stipulations are "should" (not "shall") clauses (i.e. non-mandatory). All this is explained here: http://de.wikipedia.org/wiki/Deutscher_Corporate_Governance_...
That, to me, seems to be the very reason why such a strange term as "schweben über" has been chosen; i.e,. given that the status in the legal hierarchy is unprecise, a vague but ominous and important-sounding word has been chosen which IMHO has no established meaning in the legal world.
IMHO, transcreator's solution comes closest so far.
Though personally I would use an expression such as "serves as a guideline". You might say that this sounds rather banal -- and it is. After all, the German CGC is just that: a "Richtschnur" -- a code of conduct -- i.e. much more about morals and ethical behaviour and all that, than about legal obligations.
yes and no - bit at a loss for (english) words here, but the way i understand it, schweben über is more than being an addition and less than prevailing. it's more like the code is more general and maybe more noble, whereas the agreement is more specific and down to earth. the agreement thus can be seen as being of higher order, but not in the strict legal sense that prevail would suggest
This sounds like a typical line from a contract. The translation would be something like "..., the Codex prevails." or "..., this (the Codex) prevails over the *Gesellschaftsvertrag*".
However, I havent found this use of schweben in any dictionary!
"Looms over" fits everything provided in dictionaries, but I can't see how it fits the context. But it does resemble the idea of "prevail", so maybe prevail is right.