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unter der aufschiebenden Bedingung

English translation: subject to the condition precedent...

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:unter der aufschiebenden Bedingung
English translation:subject to the condition precedent...
Entered by: Dawn Montague
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23:39 Apr 26, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: unter der aufschiebenden Bedingung
In a trust instrument, under "Duration of the Trusteeship":
"Unter der aufschiebenden Bedingung der Beendigung der Treuhandschaft tritt der Treuhänder bereits hiermit den Anteil an den Treugeber ab, der die Abtretung annimmt."
Dawn Montague
Local time: 01:42
subject to the condition precedent...
Explanation:
"condition precedent" is the usual translation (30,000 hits compared with
less than 40 for suspensory condition).

Also, I think that suspensory condition is problematic because as per
the English High Court "`suspensory condition' ... rather than cancelling the policy automatically on its breach, suspended the policy until the breach was rectified". i.e. the condition suspended the policy for the duration of the breach - the policy existed *before*, and would go on to exist after, the breach.

Under an Aufschiebende Bedingung, the contract *does not even enter into force* until the condition has been fulfilled.

I know suspensory condition looks like a good translation, and intuitively seems to fit better than condition precedent, but I would exercise extreme caution using it.

Selected response from:

berelin
Local time: 07:42
Grading comment
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4 KudoZ points were awarded for this answer

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Summary of answers provided
nasubject to the condition precedent...berelin
naunder the suspensory condition / under suspensive condition
Vesna Zivcic


  

Answers


1 hr
under the suspensory condition / under suspensive condition


Explanation:
1. Article 4. The present Agreement is entered into under the suspensory condition that no duty on gifts is levied on any of the aforementioned.

www.opcw.nl/ci/ci-dec5.htm

2. The Practicing Notary, Baton Rouge Notary Public Baton Rouge ...
... Art. 2301. Obligation under suspensive condition A thing is not owed when it is paid or delivered for discharge of an obligation that is subject to a ...

www.la-notary.com/civil/civil3_5.html


3. aufschiebend - suspensory; suspensive; deferring; dilatory;

escrow - das aufschiebend bedingte Rechtsgeschäft



    as above
Vesna Zivcic
Local time: 07:42
Native speaker of: Croatian
PRO pts in pair: 571
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3 hrs
subject to the condition precedent...


Explanation:
"condition precedent" is the usual translation (30,000 hits compared with
less than 40 for suspensory condition).

Also, I think that suspensory condition is problematic because as per
the English High Court "`suspensory condition' ... rather than cancelling the policy automatically on its breach, suspended the policy until the breach was rectified". i.e. the condition suspended the policy for the duration of the breach - the policy existed *before*, and would go on to exist after, the breach.

Under an Aufschiebende Bedingung, the contract *does not even enter into force* until the condition has been fulfilled.

I know suspensory condition looks like a good translation, and intuitively seems to fit better than condition precedent, but I would exercise extreme caution using it.




    Reference: http://www.austlii.edu.au/au/other/alrc/publications/dp/63/c...
    and, inter alia, years of experience teaching German lawyers legal English
berelin
Local time: 07:42
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 115
Grading comment
Thank you for lending me your expertise.
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