Jan 15, 2017 18:42
7 yrs ago
7 viewers *
German term

Schlußvorschriften

German to English Law/Patents Law: Contract(s) Schlußvorschriften and Schlußbestimmungen in the same contract
one section of a contract has the heading 'Schlußvorschriften' and deals with amendments and written form, and lower down, at the end the heading 'Schlußbestimmungen' dealing with invalid terms/provisions. If one is 'final provisions', what is the other? They seem to mean the same?
Change log

Jan 16, 2017 07:11: Murad AWAD changed "Term asked" from "Schlußvorschriften/ Schlußbestimmungen" to "Schlußvorschriften"

Discussion

Lancashireman Jan 16, 2017:
"If one is 'final provisions', what is the other?" 1) I think we all agree that your original suggestion for 'Schlußvorschriften' (namely 'Final provisions') works fine.
2) KudoZ is for single items, in this case presumably 'Schlußbestimmungen'.
3) Your original reservations concerning two instances of 'Final' are justified.
4) A severability clause cannot be described as 'terms'.
Carolyn Korzilius (asker) Jan 16, 2017:
in fact they do not refer to the same content: one is invalidity of terms/provisions, the other amendments /addenda to contract inter alia, and the same meaning is not a meaningful answer/solution to the question.
Whilst I am happy with 'severability' for the second, 'Amendments ' for the former is straying rather too wide from the original and amendments are only part of the content of that clause.
Martin Ris Jan 15, 2017:
A camel is a horse drawn by a committee... What you are looking at is an imperfectly drafted agreement. The person who added the second 'final' heading did not proofread the agreement carefully enough to see the first 'final' heading.

As your job is not to improve the agreement, feel free to stick with strict translation, and use two 'finals'. There is no difference in terms of contractual significance.

But, if you feel you have the leeway, you could use meaningful headings. In which case, it sounds like the first might be 'Amendments' and the second 'Severability'.

A common practice in the US is to use a main heading 'Miscellaneous', and then deal with issues such as amendments, severability, choice of law, etc., using sub-headings (or not).

Proposed translations

+3
24 mins
German term (edited): Schlußvorschriften/ Schlußbestimmungen
Selected

Amendments [to this agreement] / Severability clause

Based on your own description of the contents. I agree with you that Schluss means Schluss, and that you can't have two of them.

http://www.businessdictionary.com/definition/severability-cl...

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Note added at 44 mins (2017-01-15 19:27:18 GMT)
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On rereading your question, I would go with

Final provisions
.....
Severability clause
.....
Peer comment(s):

agree Katja Dienemann : In diesem Kontext ist am Ende wohl in der Tat die "Salvatorische Klausel" gemeint. Evtl. man die Kombi "Final Provisions/Severability Clause" verwenden.
10 mins
Thanks. And I agree that carolynka could use 'Final provisions' for 'Schlussvorschriften'. I would keep the two sections separate, as in the original.
agree philgoddard : r you could say "invalid provisions" for the second one.
1 hr
... and how to remedy them. // Asker's summing up: "This was a difficult choice..."
agree Edith Kelly : severability clause
12 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thanks to all. This was a difficult choice. After Lancashireman's link and other sources backing it, his 'final' suggestion seems the best fit."
47 mins
German term (edited): Schlußvorschriften/ Schlußbestimmungen

final provision(s) / final clause

If you want to stay closer to the original...
Note from asker:
This might be a possible solution. What concerns me is that the Schlussbestimmungen are plural, and although they are the final clause in this text, in other contracts they are placed elsewhere.
Something went wrong...
49 mins
German term (edited): Schlußvorschriften/ Schlußbestimmungen

Final provisions/ Final terms

I suggest using /Final provisions/ for the first heading, and /Final terms/ for the last heading, as according to your explanation it does indeed deal with terms.
Note from asker:
this would indeed be a solution, thanks. the only problem is that in the translation I actually use 'provisions' for Bestimmungen. will reconsider...Thank you.
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1 day 47 mins

Concluding Provisions

Final Provisions is also correct, you can use either really. I personally prefer Concluding.
Something went wrong...
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