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Vorschlagsbeteiligung

English translation: participation in the surplus

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10:03 Feb 11, 2012
German to English translations [PRO]
Law/Patents - Law (general) / Swiss law
German term or phrase: Vorschlagsbeteiligung
I am translating a prenuptial agreement which is relatively straightforward, with one spouse waiving any rights over certain assets of the other spouse.

However, the term "Vorschlagsbeteiligung" is causing me a few problems. Looking at Article 215 of the Civil Code, it looks something like an entitlement to a share of capital gains. But then we have the "Mehrwertanteil" from Article 206, which looks much more like it deals with capital gains. So Vorschlagsbeteiligung must be something else.

Can anyone explain what a Vorschlagsbeteiligung is and how it differs from a Mehrwertanteil?
And what is Article 215(2) getting at? ("Die Forderungen werden verrechnet")

Many thanks in advance.
Thomas Roberts
English translation:participation in the surplus
Explanation:
This is a term from Swiss family law (title six marital property law).

Article 215 read as follows:

Participation in the surplus (Beteiligung am Vorschlag)
(1) By law
Each spouse or his or her heirs is or are entitled to one-half of the surplus of the other spouse.
(German: Jedem Ehegatten oder seinen Erben steht die Hälfte des Vorschlages des andern zu)

(2) The claims are set off.
(Die Forderungen werden verrechnet)

This is an "official" translation provided by the Swiss Government for information purposes only.
Selected response from:

Shesaid
Switzerland
Local time: 20:12
Grading comment
Thanks for taking the time to find the Swiss Government's translation, which I had difficulty in doing. However I think the term probably requires a gloss in translation. Many thanks to all for the comments and suggestions.
2 KudoZ points were awarded for this answer

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Summary of answers provided
4participation in the surplusShesaid
4participation in conciliatory proposalKarin Steifensand


Discussion entries: 4





  

Answers


4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
participation in conciliatory proposal


Explanation:
The "conciliatory proposal" (Vorschlag) is a monetary claim only. If one of the couple cannot pay, this monetary claim (diese Forderungen) will "be charged against" (verrechnet) the part to be kept by the other side.


    Reference: http://www.juszh.ch/files/eheundkindesrecht/priv_24.pdf
Karin Steifensand
Germany
Local time: 20:12
Specializes in field
Native speaker of: Native in GermanGerman, Native in SpanishSpanish
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
participation in the surplus


Explanation:
This is a term from Swiss family law (title six marital property law).

Article 215 read as follows:

Participation in the surplus (Beteiligung am Vorschlag)
(1) By law
Each spouse or his or her heirs is or are entitled to one-half of the surplus of the other spouse.
(German: Jedem Ehegatten oder seinen Erben steht die Hälfte des Vorschlages des andern zu)

(2) The claims are set off.
(Die Forderungen werden verrechnet)

This is an "official" translation provided by the Swiss Government for information purposes only.

Shesaid
Switzerland
Local time: 20:12
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 38
Grading comment
Thanks for taking the time to find the Swiss Government's translation, which I had difficulty in doing. However I think the term probably requires a gloss in translation. Many thanks to all for the comments and suggestions.
Login to enter a peer comment (or grade)




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