English translation: without being requested/ asked etc
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13:54 Sep 10, 2001
German to English translations [PRO] Law/Patents
German term or phrase:Ohne Auftrag
Does this mean "without being requested?" in the following sentence:
Darüber hinaus sind Sie nach ständiger Rechtsprechung nach den Grundsätzen der Geschäftsführung ohne Auftrag verpflichtet, die enstandenen Kosten zu erstatten.
Explanation: You are right except that it is about an order and not a simple request.
An "Auftrag" has a juridical value : you have signed that you order something. A request is somewhat less engaging your responsbility.
As a translator when I receive an "Auftrag" from one of my German customers, it means I got the order. When I receive a request it is more informative: can I do it ? In how much time, at what price or I am requested e.g. to give a glossary as part of the order etc...
This interpretation may also depend on the background context.
25 years in English and German speaking companies
Yves Georges France Local time: 04:04 Native speaker of: French PRO pts in pair: 185
negotiorum gestio; for the less "latinophiles": agency without mandate
Explanation: "Geschäftsführung ohne Auftrag" is a specific legal concept, defined as effecting a transaction/business on behalf on somebody else without having been authorised to do so by either contract, agreement or consent by the person on whose behalf the "agent" is acting (cf section 677 of the German Civil Code (BGB)).
I prefer the Latin term, as it is used in both German and English to describe this concept. Alternatively, the two legal dictionary (see reference) offer "conducting another's affairs without authority to do so" and "management without mandate"
German/NZ solicitor Dietl/Lorenz; Romain
Beate Lutzebaeck New Zealand Local time: 16:04 Native speaker of: German, English PRO pts in pair: 2079