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anderslautenden Bedingungen nicht widerprochen

English translation: despite contradictory terms not objected to

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:anderslautenden Bedingungen widersprochen
English translation:despite contradictory terms not objected to
Entered by: Kim Metzger

19:39 Nov 7, 2003
German to English translations [PRO]
Law/Patents / contrat
German term or phrase: anderslautenden Bedingungen nicht widerprochen
Sorry, the context:
Dies gilt auch, wenn anderslautenden Bedingungen nicht widersprochen wird

I do understand what it means, but please I need a good legal sentence!
Thank you!!
materol
Argentina
Local time: 11:50
despite contradictory terms not objected to by ourselves
Explanation:
Literally 'This shall apply even if we do NOT reject contradictory terms', i.e. even if we leave terms in the contract that contradict this, it shall still apply. widersprechen + dative
Your answerers are reading this in two diametrically opposed ways. I don't know that there's an elegant formulation in English. It's too complex to work in 'in the absence of'

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Note added at 2003-11-08 10:15:43 (GMT)
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I pressed the wrong button for William Stein - I disagree with him! sorry about that.
Selected response from:

Margaret Marks
United Kingdom
Local time: 15:50
Grading comment
Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2except as otherwise provided [by this agreement]
William Stein
4 +1despite contradictory terms not objected to by ourselves
Margaret Marks
4This condition is valid if it is not in contradiction with
szilard
5 -1to the extent not otherwise provided herein
Maureen Holm, J.D., LL.M.


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
This condition is valid if it is not in contradiction with


Explanation:
other stipulations of the contract (agreement).

szilard
Local time: 16:50
Native speaker of: Native in HungarianHungarian
PRO pts in pair: 36

Peer comments on this answer (and responses from the answerer)
neutral  Maureen Holm, J.D., LL.M.: 'not in contradiction'?
25 mins
  -> Yes, I have worked for 10 years in foreign trade and the contracts contain such a passage.
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27 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
except as otherwise provided [by this agreement]


Explanation:
Dietl Lorenz gives another variation: vorbehaltlich anderslautender Bestimmungen in diesem Uebereinkommen


William Stein
Costa Rica
Local time: 08:50
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1734

Peer comments on this answer (and responses from the answerer)
agree  KirstyMacC (X): save as otherwise provided (herein)
1 hr
agree  Margaret Marks: Note the effect of the dative.
14 hrs
agree  Maureen Holm, J.D., LL.M.: Post-grading: None of us missed the dative, even though asker apparently mistranscribed sentence.
18 hrs
disagree  Kim Metzger: See Margaret's answer below.
3186 days
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30 mins   confidence: Answerer confidence 5/5 peer agreement (net): -1
to the extent not otherwise provided herein


Explanation:
Excerpt is missing a couple of words, but that's the phrase.

The point is that the term or provision will only apply to the extent not inconsistent with others in the K. This is a subservient term, meaning that it will defer. It avails little just to say "we sure hope there are no contradictory provisions here" if no care is taken to indicate which will prevail.


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Note added at 33 mins (2003-11-07 20:12:46 GMT)
--------------------------------------------------

WStein\'s formulation appeared while I was responding. It\'s good too, but since the sentence begins \"The same shall apply\", the \"to the extent\" is called for.

Maureen Holm, J.D., LL.M.
United States
Local time: 10:50
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986

Peer comments on this answer (and responses from the answerer)
agree  KirstyMacC (X): My archaic pref. would for 'save as otherwise..'
1 hr
disagree  Margaret Marks: It means the opposite
14 hrs
disagree  Kim Metzger: We need to account for the "widersprochen". They apply even if they are not expressly widersprochen.
3186 days
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
despite contradictory terms not objected to by ourselves


Explanation:
Literally 'This shall apply even if we do NOT reject contradictory terms', i.e. even if we leave terms in the contract that contradict this, it shall still apply. widersprechen + dative
Your answerers are reading this in two diametrically opposed ways. I don't know that there's an elegant formulation in English. It's too complex to work in 'in the absence of'

--------------------------------------------------
Note added at 2003-11-08 10:15:43 (GMT)
--------------------------------------------------

I pressed the wrong button for William Stein - I disagree with him! sorry about that.

Margaret Marks
United Kingdom
Local time: 15:50
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 769
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: Yes, of course.
3186 days
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