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Präambel, Gegenstand, Ziff, Abs

English translation: subject matter et al

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06:26 Oct 7, 2000
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: Präambel, Gegenstand, Ziff, Abs
The above terms come from a franchise contract. I've never heard preamble used in contracts. What's Gegenstand des Vertrages? The contract is divided into something that looks like two esses on top of each other (paragraphs?), Ziffer, and Abs.
Kim Metzger
Mexico
Local time: 21:41
English translation:subject matter et al
Explanation:
Gegenstand eines Vertrags is the "subject matter of a contract".
Preamble is ok to describe the introductory formula of the contract.
Ziffer = point, item or subparagraph (the latter from Muret-Sanders)
Abs. = Absatz: paragraph
So your contract would be divided into an introductory preamble, followed by the body or subject matter of it, which is ordered into paragraphs (Abs.) and subparagraphs or itmes (Ziffer).
Selected response from:

Dr. Sahib Bleher
Local time: 03:41
Grading comment
Thank you very much.
4 KudoZ points were awarded for this answer

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Summary of answers provided
naSee below
Anthony Frey
nasee detailKen Cox
naaddendum
Dr. Sahib Bleher
nasubject matter et al
Dr. Sahib Bleher
nalegal preamble/whereas clause, object, item, paragraphEva Gerkrath


  

Answers


29 mins
legal preamble/whereas clause, object, item, paragraph


Explanation:
Präamble = legal preamble or whereas clause (according to my dictionary). Vertragsgegenstand = the object of a contract. Ziff. is short for Ziffer (number) and refers to a "Paragraf" which can be a number of things: subsection, article, clause; item is the most general translation, if you're not sure what is meant exactly. Abs. is short for Absatz = paragraph. The two esses thing is the sign for "Paragraf".

Eva

Eva Gerkrath
Netherlands
Local time: 04:41
Native speaker of: Native in GermanGerman
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37 mins
subject matter et al


Explanation:
Gegenstand eines Vertrags is the "subject matter of a contract".
Preamble is ok to describe the introductory formula of the contract.
Ziffer = point, item or subparagraph (the latter from Muret-Sanders)
Abs. = Absatz: paragraph
So your contract would be divided into an introductory preamble, followed by the body or subject matter of it, which is ordered into paragraphs (Abs.) and subparagraphs or itmes (Ziffer).



    Schaefer, Wirtschaftsenglisch
    Dietl/Lorenz, Dictionary of Legal, Commercial and Political Terms
Dr. Sahib Bleher
Local time: 03:41
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 4
Grading comment
Thank you very much.
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40 mins
addendum


Explanation:
I forgot the § sign, which means "Paragraph", so if your contract is divided like
§
Abs.
Ziffer

this would be
Paragraph
Subparagraph
Item
HTH

Dr. Sahib Bleher
Local time: 03:41
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 4
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47 mins
see detail


Explanation:
Just some clarification -- at least in genearal (NA) usage, the German 'Paragraf' is not the same as the English 'paragraph' (which is equivalent to the Germaqn Absatz). The equilavent of a Paragraf is usually called a section or (especially in legislation) an article.

Ken Cox
Local time: 04:41
Native speaker of: Native in EnglishEnglish
PRO pts in category: 55
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3 hrs
See below


Explanation:
We had this question about one month ago. One point is regarding "Präambel": Bleher is absolutely correct is describing it as the introductory section of a contract/agreement. The problem is there are various ways of rendering this English (the standard forms). I cannot say that Preamble as a possible translation is incorrect, but I have not seen it on any contracts or agreements coming out of the US. NOrmally you will find: Recitals as "Ueberschrift/ title" or Witnesseth: followed by "Whereas, ..........; Whereas..........", and finally as closing sentence for the paragraph "Now, therefore, the parties agree as follows:"

WITNESSETH:

WHEREAS, XXX has entered into negotiations with Mr. YYY, who is the registered owner of certain filed applications for patents and know-how relating to Power Technology;

WHEREAS, Mr. YYY has assigned XXX the rights for the production, marketing, use and distribution of the aforesaid patents and patent rights;

WHEREAS, XXXX-EUROPE GmbH is the licensee of XXX Power Technology for the licence area of Europe, Turkey and the former Soviet Union;

WHEREAS, XXX EUROPE GmbH has the exclusive rights for sale, production and further development of UUUU in the licence area;

WHEREAS, XXX EUROPE GmbH has the option for all further developments and applications of XXX Power Technology;

WHEREAS, Interested Party is interested in getting closely acquainted with XXX Power Technology and in scrutinizing the marketing and production potentials of XXX technology.

WHEREAS, Interested Party undertakes the commitment not to infringe on XXX’s patent rights and/or patent applications—nor to challenge XXX’s applications for patents and/or patents; nor to institute nullity action against these patents and/or patent applications, either directly or through third parties, never to copy or produce the Generator, the Power System and/or similar procedures based on them without a licence agreement or without obtaining permission in writing by XXXX.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained the parties hereto agree as follows:
Good luck!

Anthony Frey
United States
Local time: 22:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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Changes made by editors
Jun 26, 2008 - Changes made by Steffen Walter:
Removed from KOGPräambel, Gegenstand, Ziff, Abs > subject matter et al by <a href="/profile/9171">Kim Metzger</a> » Reason: Source and target not equivalent.
Jun 26, 2008 - Changes made by Steffen Walter:
Field (specific)(none) » Law: Contract(s)


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