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Sentence - legal - guarantee/surety

English translation: See suggested translation:

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07:19 Jul 16, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Sentence - legal - guarantee/surety
Den Erwerbern steht in jedem Fall ein tauglicher Bürge zur Verfügung auf den sie im Sicherungsfall direckt zugreifen können

From a court case on AGBs. The purchasers have bought a building from a developer who has provided them with a bank guarantee (they had to pay up front before the building was completed).

My problems:
ein tauglicher Bürge : is it the bank or the guarantee which is the Bürge? is tauglich simply "adequate" or is there a more appropriate translation

Sicherungsfall: can anyone think of a nice way to word this I don think "which they can have recourse to in the event that the security is required" really does it.

All help greatly appreciated but please bear in mind that this is really a phraseology problem (I dont need the dictionary definitions of those terms)

Thanks
berelin
Local time: 04:19
English translation:See suggested translation:
Explanation:
The Bürge is the guarantor (not the guarantee), hence - in your context - the bank.

Although appropriate and suitable would be correct translations of tauglich, I would prefer eligible in this context, the term "eligible guarantor institution" being standard legalese (see link below).

Personally, I can't see anything wrong with your (albeit wordy) translation of
Sicherungsfall. If you really want to concentrate that sentence, you could try this:

In any case, an eligible guarantor is available to the purchasers for direct recourse if and when required.

This way, you don't spell out Sicherungsfall, but it is an implied prerequisite for recourse - which way you go pretty much depends on the degree of precision you wish to achieve.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 15:19
Grading comment
Thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1sentencegangels
5"proper guarantor"
Edward L. Crosby III
5See suggested translation:Beate Lutzebaeck
5In any arising eventuality the purchaser/buyer has direct access to an adequate guarantorIvo Marloh


  

Answers


1 hr   confidence: Answerer confidence 5/5
In any arising eventuality the purchaser/buyer has direct access to an adequate guarantor


Explanation:
Bürge as I understand it in this context is the bank. Hope this helps. Cheers, Ivo

Ivo Marloh
Local time: 03:19
PRO pts in pair: 3
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3 hrs   confidence: Answerer confidence 5/5
See suggested translation:


Explanation:
The Bürge is the guarantor (not the guarantee), hence - in your context - the bank.

Although appropriate and suitable would be correct translations of tauglich, I would prefer eligible in this context, the term "eligible guarantor institution" being standard legalese (see link below).

Personally, I can't see anything wrong with your (albeit wordy) translation of
Sicherungsfall. If you really want to concentrate that sentence, you could try this:

In any case, an eligible guarantor is available to the purchasers for direct recourse if and when required.

This way, you don't spell out Sicherungsfall, but it is an implied prerequisite for recourse - which way you go pretty much depends on the degree of precision you wish to achieve.


    Reference: http://www.law.uc.edu/CCL/34ActRls/rule17Ad-15.html
Beate Lutzebaeck
New Zealand
Local time: 15:19
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
Thanks
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7 hrs   confidence: Answerer confidence 5/5
"proper guarantor"


Explanation:
for "tauglicher Bürge" (Romain) [complete phrase found]

Edward L. Crosby III
Local time: 19:19
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 527
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
sentence


Explanation:
Irrespective, the purchasers have behind them a guarantor of good standing who will be there in the event credit assurance

gangels
Local time: 20:19
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5480

Peer comments on this answer (and responses from the answerer)
agree  Сергей Лузан
3 hrs
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