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Channel: terminology – Transblawg
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Kurzarbeit/furlough

In this time of lockdown, the question has arisen as to how to reduce employees’ hours and pay them less. I’m jjust going to touch on the terminology here – anyone who wants to know more can do a...

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Miscellaneous online queries

A number of discussions have turned up on ProZ recently. I fear they are too complex to make anything sensible out of in the time I have available, but I can at least showcase them. Adrian MM directed...

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Unverzüglich

A colleague recently had the word unverzüglich in a legal text and wondered whether it mattered which of the many alternatives to choose. Romain: prompt, forthwith, without delay Dietl-Lorenz: (ohne...

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Using CAT tools for translation

I’ve been using computer-aided technology for translation since 1998. I use Transit, currently TransitNXT, from STAR. It’s a very good program and has many excellent features I am too lazy to learn...

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Rechtsverordnung – translating into English

How should one translate the German term Rechtsverordnung, which is often abridged as Verordnung, especially in titles, into English? In this blog, I have discussed it in the context of Geoffrey...

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hilfs-hilfsweise

A note on a translation problem: a colleague had a sentence with hilfsweise and later hilfs-hilfsweise. I have met ‘in the alternative…in the further alternative’. Also encountered: ‘in the first...

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unverzüglich/without undue delay

I normally translate unverzüglich as without undue delay. This is always in contracts governed by German law where the German-language version takes precedence. The background is in section 121 of the...

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Persönlich bekannt

I have always found it confusing that persons appearing (die Erschienenen) before a notary may be described as ausgewiesen durch Personalausweis or persönlich bekannt.  It makes it look as if there is...

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Kausalgeschäft – the abstraction principle

Although we know about the abstraction principle in German contract law, we don’t often have to translate it. Here is Markesinis on the principle: We now come to what is one of the most intriguing...

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obiter dictum

I see that Obiter Dictum, das is now in the Duden. (in einem Urteil eines obersten Gerichts) rechtliche Ausführungen zur Urteilsfindung, die über das Erforderliche hinausgehen und auf denen das Urteil...

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Selbstverwaltung/Fremdverwaltung

I was translating a text about local government in Germany. There are three levels of government: federal, Land and local. The local government authorities sometimes perform their own duties...

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grundsätzlich

Grundsätzlich can have two completely different meanings – see the quote from Philip Slotkin below. This sign at Berlin Hauptbahnhof (formerly Anhalter Bahnhof) shows the problem of translating the...

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Words – Wörter

Asylerheblichkeit Globuli phloem podocarp fish ladder ‘non-refoulement’ Schrankentrias Verabschiedungskultur smile timer Baumpfleger

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“Wir sind da ein Rechtsstaat”

There’s been some discussion of how Angela Merkel responded to a Palestinian girl who spoke very fluently of her situation but afterwards began to cry, apparently in the stress of the moment. Merkel...

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DIN terminology online

Beuth Verlag publishes standards, and on the few occasions I would have liked to use one, they were too expensive for me. Now the publisher has put DIN terminology online free of charge. The first site...

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Changes in legal terminology

If a legal concept changes slightly, a new term may be introduced to replace the old. For instance: enduring power of attorney (EPA) up till September 2007 lasting power of attorney (LPA) from October...

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Changing terminology

In another mailing list last week, I was struck by the question of how to translate the term divorce decree into German. One would normally write Scheidungsurteil, but recently the term Urteil has been...

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Inter alia et al.

Inter alia This was a recent mailing-list discussion. We are advised nowadays to avoid Latin expressions, even in legal English. When avoiding inter alia, we are widely advised to use among others, but...

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Gesetzesvorbehalt

There’s a term in German constitutional law, Gesetzesvorbehalt, literally (reservation/requirement of a statute). On Legally Yours, Rob Lunn discusses the equivalent Spanish concept. How to translate...

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Unterlassungsgläubiger

I was wondering what to do with Unterlassungsgläubiger in the case of a declaration of discontinuance. If it had been Unterlassungsschuldner, I could have used declarant, and I was tending here to the...

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