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eine Vorschrift einer Prüfung vorschalten

English translation: Due to the underlying structure [systematics] of the law ... [rest follows below]

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18:58 Nov 6, 2001
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: eine Vorschrift einer Prüfung vorschalten
From a German court's decision:

"Von seiner Systematik ist diese Vorschrift als spezialgesetzlich Vorfrage einer Prüfung der Allgemeinen Haftungsregelungen quasi vorzuschalten."
Lee Penya
Local time: 11:12
English translation:Due to the underlying structure [systematics] of the law ... [rest follows below]
Explanation:
Background: One of the underlying principles of German adjudication is that the lex specialis (Spezialgesetz) must take priority over the more general legal or statutory provisions (lex specialis derogat legi generali). The law is (generally) organised in a very structured and systematic manner (this is the "Systematik" they talk about), with general provisions contained in one Code and special provision in another.

In your case this means that before looking at the general rules on liability, the Court must look at what any existing special rules on liability have to say (the general rules could be the ones contained in the BGB = German Civil Code, whereas the special ones might be the rules on product liability, just to give an example).

Suggested translation: "Due to the underlying structure [systematics] of the law, this provision must be examined (owing to its nature as lex specialis) prior to examing the general rules on liability."
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 06:12
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2Due to the underlying structure [systematics] of the law ... [rest follows below]Beate Lutzebaeck
4precede a provision with a scrutinyRalph Pearcy
4attempt below
Johanna Timm, PhD
4to come before the examinationSibylle Ferner


  

Answers


29 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
Due to the underlying structure [systematics] of the law ... [rest follows below]


Explanation:
Background: One of the underlying principles of German adjudication is that the lex specialis (Spezialgesetz) must take priority over the more general legal or statutory provisions (lex specialis derogat legi generali). The law is (generally) organised in a very structured and systematic manner (this is the "Systematik" they talk about), with general provisions contained in one Code and special provision in another.

In your case this means that before looking at the general rules on liability, the Court must look at what any existing special rules on liability have to say (the general rules could be the ones contained in the BGB = German Civil Code, whereas the special ones might be the rules on product liability, just to give an example).

Suggested translation: "Due to the underlying structure [systematics] of the law, this provision must be examined (owing to its nature as lex specialis) prior to examing the general rules on liability."


    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 06:12
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 239

Peer comments on this answer (and responses from the answerer)
agree  Ralf Lemster: I rest my case.
1 min
  -> Still burning the midnight - eh, morning - oil?!

agree  Johanna Timm, PhD: thanks!!
4 mins
  -> Thank you!
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32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
attempt below


Explanation:
On systematic grounds, an examination of the general liabilty provisions must be prefaced by this provision( rule)as a preliminary special legal question.
hope I got this right. Maybe Darien can confirm/suggest/ give some input?


    relevant translation experience
Johanna Timm, PhD
Canada
Local time: 09:12
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 637
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37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
to come before the examination


Explanation:
What they are trying to say is that the rule/regulation or whatever you decide to put for Vorschrift, due to its systematical nature (again, rephrase according to context)as a special question of law, has to, more or less, come before any examination of the General Liability Regulations.

HTH
Sibylle

Sibylle Ferner
Local time: 06:12
Works in field
Native speaker of: Native in GermanGerman
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43 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
precede a provision with a scrutiny


Explanation:
According to his systematics, this provision is to be preceded by a scrutiny of the general liability regulations; Note: "Vorschaltgesetz" is a preliminary law (see Langenscheidt).

Ralph Pearcy
United States
Local time: 10:12
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