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massgeblich

English translation: shall prevail (in this context)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:ist massgeblich
English translation:shall prevail (in this context)
Entered by: Rebecca Holmes
Options:
- Contribute to this entry
- Include in personal glossary

10:19 Jan 23, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: massgeblich
Bei Abweichungen zwischen der deutschen und der englischen Version ist die deutsche Fassung maßgeblich.

Obviously I would like to make sure I have the correct legal phrasing on this one....
Rebecca Holmes
United States
Local time: 01:40
shall prevail
Explanation:
should do it

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Note added at 2003-01-23 10:28:16 (GMT)
--------------------------------------------------

e.g.
http://www.alphabusiness.co.uk/Online/TandC.asp

12.2 In the event of conflict or inconsistency between terms of the English language version of this Agreement or any translation, the English version shall prevail.
Selected response from:

Cilian O'Tuama
Local time: 07:40
Grading comment
Many, many thanks to all of you who took the time to answer this question. I have agonized over it all weekend, you offered so many good options! In the end I decided to go with Cilian's suggestion of "shall prevail" based on the overwhelming amount of agrees (how can so many Prozies possibly be wrong???). Have a nice week,
Rebecca
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +12shall prevail
Cilian O'Tuama
4 +2shall take presidence
Hermann
4 +1applicable
Naresh Advani
5shall control
Maureen Holm, J.D., LL.M.
5The German shall govern
Dr. Fred Thomson
5is the standard
ezbounty@aol.co
4shall be authoritative
writeaway
4determining
Yngve Roennike


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +12
shall prevail


Explanation:
should do it

--------------------------------------------------
Note added at 2003-01-23 10:28:16 (GMT)
--------------------------------------------------

e.g.
http://www.alphabusiness.co.uk/Online/TandC.asp

12.2 In the event of conflict or inconsistency between terms of the English language version of this Agreement or any translation, the English version shall prevail.


Cilian O'Tuama
Local time: 07:40
Native speaker of: English
PRO pts in pair: 7232
Grading comment
Many, many thanks to all of you who took the time to answer this question. I have agonized over it all weekend, you offered so many good options! In the end I decided to go with Cilian's suggestion of "shall prevail" based on the overwhelming amount of agrees (how can so many Prozies possibly be wrong???). Have a nice week,
Rebecca

Peer comments on this answer (and responses from the answerer)
agree  NickWatson: I would go along with that. Dietl also comes up with this term.
4 mins

agree  Beatrice Alex
18 mins

agree  Per Incuriam
36 mins

agree  Andrea Kopf
1 hr

agree  EdithK
1 hr

agree  Cécile Kellermayr
1 hr

agree  Hermann: cheers for the correction Cilian :-)
1 hr

agree  Steffen Walter: Yo! Gruß nach Kölle ;-)
2 hrs
  -> danke, und zurück nack Berlin

agree  Krokodil: That's it!
2 hrs

agree  Richard Hall
3 hrs

agree  Annette Scheler
5 hrs

agree  Ron Stelter
1 day 9 hrs
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12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
shall be authoritative


Explanation:
Romain + confirmation

.. is resolved. Within the scope of European jurisdiction, the German
version of this disclaimer shall be authoritative. 2001-01-17.
www.uni-erfurt.de/ostasiatische_geschichte/ texte/disclaimer

--------------------------------------------------
Note added at 2003-01-23 10:34:38 (GMT)
--------------------------------------------------

... In the event of contradictions, the German version is authoritative. 12. ... legal provisions, the present \"General Terms of Sale for rail.ch\" shall be governed ...
www.sbb.ch/pv/clickrail/allgemeinverkauf_e.htm - 16k - 21 Jan 2003

.. extent of its own property. 43) Where there are differences of construction of the rules, the German version shall be authoritative.
www.fim-musicians.com/Datas/EN/Statuts/page.html - 18k -

Version 18 Oct 1999, ... trading at the Frankfurt Stock Exchange and the close of trading at the Eurex Exchanges in German stock options shall be authoritative ...
www.eurexchange.com/marketplace/ rules_clearconditions_upd18101999_en.html - 11k

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Note added at 2003-01-23 10:35:45 (GMT)
--------------------------------------------------

forget the last reference-has nothing to do with context....

--------------------------------------------------
Note added at 2003-01-23 10:39:42 (GMT)
--------------------------------------------------

here\'s one that is relative (and from an English language source):

.. of the respective subfunds shall decide, at ... law, place of performance and authoritative language The ... The German version of these financial statements is the ...
www.ubs.com/pdf-quotes-investmentfunds/0512729sree.pdf

writeaway
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1175

Peer comments on this answer (and responses from the answerer)
neutral  Per Incuriam: both versions may be authoritative, only one can prevail (btw, re the above, UBS is a Swiss bank and that "respective" is a dead giveaway of a xlation, don't you think?)
39 mins
  -> that's why I continued to get an native English-language reference (see my final ref)

neutral  Cilian O'Tuama: Per incuriam is referring to your final reference - UBS is Swiss, headquarters in Zurich - just for the record :-)
2 hrs
  -> so it is-I'm aware of the blind-leading-the blind aspect and misread ? it and thought it was a native Anglo ref.
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
shall take presidence


Explanation:
I also used quite often in contracts of this kind.

--------------------------------------------------
Note added at 2003-01-23 12:19:34 (GMT)
--------------------------------------------------

thanks Cilian and sorry Rebecca - it should of course be \'precedence\'


    Reference: http://student.santarosa.edu/~bporter/rules.html
    Reference: http://www.antiquecast.com/tos.html
Hermann
Local time: 06:40
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 1977

Peer comments on this answer (and responses from the answerer)
neutral  Cilian O'Tuama: and no-one complained? 'precedence' perhaps :-)
11 mins
  -> oops - sorry, you are so right!

agree  Steffen Walter: with the correction
57 mins
  -> :-)) we all make mistakes - thanks Steffen!

agree  Nancy Arrowsmith: precedence
3 hrs
  -> thanks Nancy !
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3 hrs   confidence: Answerer confidence 5/5
The German shall govern


Explanation:
This would definitely be the standard legalese in the US.

Dr. Fred Thomson
United States
Local time: 23:40
Native speaker of: English
PRO pts in pair: 5861

Peer comments on this answer (and responses from the answerer)
neutral  Maureen Holm, J.D., LL.M.: More common in the context of which law.
5 hrs
  -> I do not refer to any law in particular; the term is commonly used in contexts similar to that given by the asker.
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6 hrs   confidence: Answerer confidence 5/5
is the standard


Explanation:
the standard something is measured by, the guideline

ezbounty@aol.co
Local time: 23:40
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 287

Peer comments on this answer (and responses from the answerer)
neutral  Maureen Holm, J.D., LL.M.: In an engineering context, perhaps.
3 hrs
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9 hrs   confidence: Answerer confidence 5/5
shall control


Explanation:
Standard language is:

In case of discrepancies between the German-language and English-language versions [of this Agreement], the German text shall control.

Maureen Holm, J.D., LL.M.
United States
Local time: 01:40
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986

Peer comments on this answer (and responses from the answerer)
neutral  Dr. Fred Thomson: Your term is IMO just as common as my term. The asker would do well to choose either of the two.
1 hr
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
determining


Explanation:
x

--------------------------------------------------
Note added at 2003-01-24 15:36:58 (GMT)
--------------------------------------------------

It\'s really just a synonym for \"entscheidend.\"

Yngve Roennike
Local time: 01:40
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 34
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2 days 11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
applicable


Explanation:
In the event of contradictions (differences) between the german and the english versions, the german vesion shall be applicable.

Naresh Advani
Local time: 12:10
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 187

Peer comments on this answer (and responses from the answerer)
agree  Yngve Roennike: Yes, also very good, shall apply, less "litigious" and more straightforward.
1 day 16 hrs
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