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Zustandshaftung

English translation: premises liability

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00:15 Oct 25, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: Zustandshaftung
"... desgleichen reguliert die Verpaechterin Schaeden, die sich aus der Zustandshaftung der Gebaeude, Grundstuecke... ergeben."
DPS
Australia
Local time: 22:56
English translation:premises liability
Explanation:
This is a common legal term for Zustandshaftung in the US.

If you do a google search you'll get lots of hits.

Regards,
Beate
Selected response from:

Beate Boudro
United States
Local time: 04:56
Grading comment
I apologize for not having indicated in my question that the client is American. It would have made it easier for you to help me! Sorry!
As it is, I believe that Beate's suggestion is the one for me!
Thanks again, Petra
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3condition related liability
Mats Wiman
5... arising from the statutory obligation to repair the leased premises ...Beate Lutzebaeck
5premises liabilityBeate Boudro
4state of repair liabilityxxxpaulagee
4condition of the premises
Dr. Fred Thomson


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
condition related liability


Explanation:
or possibly
state related liability
Zustand = state, condition


    Duden-Oxford+Norstedts+Gabler Wirtschaftslexikon+MW
Mats Wiman
Sweden
Local time: 12:56
Native speaker of: Native in SwedishSwedish
PRO pts in pair: 1498

Peer comments on this answer (and responses from the answerer)
agree  Hans-Henning Judek: sounds good to me, Mats.
1 min
  -> Thanks for your support.

agree  Thomas Bollmann
20 mins

agree  JózsefÁrpád Bende
5 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
state of repair liability


Explanation:
apart from other liabilities, there is a liability which is directly linked to the condition or state of repair of the property, i.e. an old premises in poor condition could prove a higher liability, than a new premises

xxxpaulagee
United Kingdom
Local time: 11:56
PRO pts in pair: 20
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7 hrs   confidence: Answerer confidence 5/5
premises liability


Explanation:
This is a common legal term for Zustandshaftung in the US.

If you do a google search you'll get lots of hits.

Regards,
Beate


    professional experience
Beate Boudro
United States
Local time: 04:56
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
Grading comment
I apologize for not having indicated in my question that the client is American. It would have made it easier for you to help me! Sorry!
As it is, I believe that Beate's suggestion is the one for me!
Thanks again, Petra
Login to enter a peer comment (or grade)

9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
condition of the premises


Explanation:
Translation of sentence: "The lessor shall settle (or adjust) claims deriving from the condition of the premises."
I agree that we are dealing with premises liability her, but I prefer the above translation to: "claims deriving from premises liability."
The latter sounds too German.

Regards, Dr. Thomson, J.D.

Dr. Fred Thomson
United States
Local time: 04:56
Native speaker of: English
PRO pts in pair: 5861
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12 hrs   confidence: Answerer confidence 5/5
... arising from the statutory obligation to repair the leased premises ...


Explanation:
Your profile indicates that you are also located "down under" - my answer is based on NZ law which is, in fact, very similar to the principles underlying Australian law.

"Zustandshaftung" follows from section 536 of the German Civil Code (BGB) which requires the lessor/landlord to keep the leased premises in a tenantable condition for the duration of the lease, i.e. to repair the premises.

Except under a lease for residential premises, in accordance with NZ (and presumably Australian) law the lessor/landlord is not generally liable to repair and keep the premises in a tenantable condition unless there is an express covenant to do so. This covenant is commonly referred to as "a covenant to repair" (supported by Romain: "covenant" or "obligation to repair" = "Unterhaltungspflicht, Instandsetzungspflicht").

Now, the fundamental difference being that under German law, "Zustandshaftung" is an implied obligation under the law, but under English/NZ/Australian law this obligation must be established by an express covenant in the commercial lease document (although some English cases suggest that it may also be implied - ok, let's not go there), I would suggest the above translation, as this reflects the underlying legal principle of your sentence.

I could rattle on - please feel free to contact me if you need more information.


    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 00:56
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
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