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Schriftformbestimmung

English translation: writing requirement

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09:10 Aug 11, 2004
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Schriftformbestimmung
"Änderungen und Ergänzungen dieser Vereinbarung, einschließlich dieser Schriftformbestimmung, bedürfen zu ihrer Wirksamkeit der Schriftform"
xxxFrancis Lee
Local time: 14:21
English translation:writing requirement
Explanation:
Modifications of and amendments to this Agreement, including this writing requirement, are only effective if in writing.

That's the translation of what's there. We would say: 'must be contained in a writing signed by the party to be charged.' ('Charged' here means charged with the relevant obligation under the K.)

--------------------------------------------------
Note added at 1 day 9 hrs 7 mins (2004-08-12 18:18:20 GMT) Post-grading
--------------------------------------------------


Online Seminar: Conference 1 / Konferenz 1
... messages, though not originals but copies of the originals, have been accepted as
satisfying the writing requirement of the statute of frauds (see, eg, Cook v ...
seminar.jura.uni-sb.de/seminar/ ss98/juri/conf/cnf1/data/22.html

The Statute of Frauds
... exist. Even if it has been lost or destroyed the Statute of Frauds
writing requirement is satisfied so long as it once existed. ...
www.west.net/~smith/frauds.htm

[DOC] Section E
File Format: Microsoft Word 2000 - View as HTML
... The only problem is there is no paper, so the parties confirm the contract on a
napkin. Does the napkin satisfy the Statute of Frauds writing requirement? ...
www.sandiego.edu/usdlaw/aca_support_docs/ spring04/dessent_handout_10.doc

Statute of Frauds: Law for Laymen by Rinke-Noonan
... an exception (performance, part performance, estoppel) to the statute of frauds. ... actually
had a contract, why then should the writing requirement be enforced ...
www.rnoon.com/lawlaymen/contracts/writing.html

SavannahNOW | The Daily Exchange | Legal Viewpoint: The statute of ...
... As with every category of the Statute of Frauds, many courts have
created exceptions to the writing requirement. One example is ...
www.savannahnow.com/exchange/ stories/113003/EXClegalviewpoint.shtml

A Note on the Statutes of Frauds
... this discretion and the cultural context of the writing requirement, it is not surprising
that courts tend not to apply the statute of frauds to transactions ...
www-rcf.usc.edu/~etalley/contract/frauds.html

Dazed Statute of Fraud
... You can also have a combination of writings that satisfies the writing requirement.
2. UCC Memorandum. The UCC \"Statute of Frauds\" is contained in UCC 2-201(1 ...
www.law.washington.edu/courses/ ramasastry/A501C/dazed/Dazed_Statute_of_Fraud.html

Selected response from:

Maureen Holm, J.D., LL.M.
United States
Local time: 08:21
Grading comment
Thanks also for the additional info - always helpful to us non-lawyers...
fl
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2written form clause [provision]
Steffen Walter
5writing requirement
Maureen Holm, J.D., LL.M.
4written form requirement/legal requirement of writing
NickWatson
3 +1s.u.
Textklick
2 -2the purpose of the document form
Andrew Vdovin


  

Answers


1 min   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): -2
the purpose of the document form


Explanation:
Possible

--------------------------------------------------
Note added at 3 mins (2004-08-11 09:14:22 GMT)
--------------------------------------------------

The Shipping Document Form. The Shipping Document is created by contractors for
Mixed or Commodity orders following an Award. The purpose of this form is to ...
it-solutions.gsa.gov/itss/v41_helpdocs.nsf/ 0/9f474fbeb0a75d8b88256b61006575d7?OpenDocument

Andrew Vdovin
Local time: 19:21
Native speaker of: Native in RussianRussian
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  Steffen Walter: This is way off the mark - here, it's about the Schriftformbestimmung = Schriftform*klausel* contained in an agreement. The German sentence is standard contract language.
5 mins

disagree  Ingrid Blank: nope, not possible
11 mins
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8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
s.u.


Explanation:
changes to.....,including this clause, shall be made in written form.

(....all changes and additions to the contract, including the clause that requires these to be made in written form, shall be made in written form)

Textklick
Local time: 13:21
Works in field
Native speaker of: English
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Heidi Stone-Schaller: I think I prefer your usage of "this clause" rather than "this written form clause," which I think is confusing
2 hrs
  -> Thanks Heidrun. (Frannylee - my sentence in brackets was simply by way of explanation of this good old chestnut).
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6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
written form clause [provision]


Explanation:
... for the headline

See, for example, http://www.curia.eu.int/common/recdoc/convention/en/1999/03-... for the use of "written form".

A fairly standard translation of your sentence:
Changes or amendments to this agreement, including [changes or amendments to] this written form clause, must be made in writing in order to become legally valid [effective].

--------------------------------------------------
Note added at 31 mins (2004-08-11 09:41:41 GMT)
--------------------------------------------------

If you\'re into contract translations more often, http://contracts.onecle.com/ offers a host of sample contracts/agreements (with a focus on AmE as this is a US website).

--------------------------------------------------
Note added at 31 mins (2004-08-11 09:41:57 GMT)
--------------------------------------------------

(but only in English)

Steffen Walter
Germany
Local time: 14:21
Native speaker of: Native in GermanGerman
PRO pts in category: 388

Peer comments on this answer (and responses from the answerer)
agree  Ingrid Blank: absolutely
8 mins

agree  Sabine Griebler
25 mins

neutral  Maureen Holm, J.D., LL.M.: Fear you're getting stuck on the word "form."
9 hrs
  -> Pardon? That's acceptable and standard En contractualese.
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
written form requirement/legal requirement of writing


Explanation:
See Dietl: hopefully my answer won't disappear into hyperspace again....


"Changes and additions to this agreement, including the legal requirement of writing, need to be made in writing to be effective"

NickWatson
Germany
Local time: 14:21
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
neutral  Maureen Holm, J.D., LL.M.: Not every agreement requires a writing to be enforceable under the law.
7 hrs
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9 hrs   confidence: Answerer confidence 5/5
writing requirement


Explanation:
Modifications of and amendments to this Agreement, including this writing requirement, are only effective if in writing.

That's the translation of what's there. We would say: 'must be contained in a writing signed by the party to be charged.' ('Charged' here means charged with the relevant obligation under the K.)

--------------------------------------------------
Note added at 1 day 9 hrs 7 mins (2004-08-12 18:18:20 GMT) Post-grading
--------------------------------------------------


Online Seminar: Conference 1 / Konferenz 1
... messages, though not originals but copies of the originals, have been accepted as
satisfying the writing requirement of the statute of frauds (see, eg, Cook v ...
seminar.jura.uni-sb.de/seminar/ ss98/juri/conf/cnf1/data/22.html

The Statute of Frauds
... exist. Even if it has been lost or destroyed the Statute of Frauds
writing requirement is satisfied so long as it once existed. ...
www.west.net/~smith/frauds.htm

[DOC] Section E
File Format: Microsoft Word 2000 - View as HTML
... The only problem is there is no paper, so the parties confirm the contract on a
napkin. Does the napkin satisfy the Statute of Frauds writing requirement? ...
www.sandiego.edu/usdlaw/aca_support_docs/ spring04/dessent_handout_10.doc

Statute of Frauds: Law for Laymen by Rinke-Noonan
... an exception (performance, part performance, estoppel) to the statute of frauds. ... actually
had a contract, why then should the writing requirement be enforced ...
www.rnoon.com/lawlaymen/contracts/writing.html

SavannahNOW | The Daily Exchange | Legal Viewpoint: The statute of ...
... As with every category of the Statute of Frauds, many courts have
created exceptions to the writing requirement. One example is ...
www.savannahnow.com/exchange/ stories/113003/EXClegalviewpoint.shtml

A Note on the Statutes of Frauds
... this discretion and the cultural context of the writing requirement, it is not surprising
that courts tend not to apply the statute of frauds to transactions ...
www-rcf.usc.edu/~etalley/contract/frauds.html

Dazed Statute of Fraud
... You can also have a combination of writings that satisfies the writing requirement.
2. UCC Memorandum. The UCC \"Statute of Frauds\" is contained in UCC 2-201(1 ...
www.law.washington.edu/courses/ ramasastry/A501C/dazed/Dazed_Statute_of_Fraud.html



Maureen Holm, J.D., LL.M.
United States
Local time: 08:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
Grading comment
Thanks also for the additional info - always helpful to us non-lawyers...
fl

Peer comments on this answer (and responses from the answerer)
neutral  Steffen Walter: TBH, 'must be contained in a writing' strikes me as somewhat unusual (might be a BE vs AE thing, though).
1 hr
  -> Sorry I didn't provide references before.

neutral  Textklick: Concur with Steffen
2 hrs
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