Glossary entry

German term or phrase:

einerseits... andererseits

English translation:

First Party/Second Party

Added to glossary by Natalie Chandler
May 20, 2005 09:03
19 yrs ago
28 viewers *
German term

einerseits... andererseits

German to English Law/Patents Law: Contract(s)
Obviously this generally translated as "on the one hand" and "on the other hand".

The question here is whether this is used in English contractual language. It appears on the first page of a contract between xxx the company *einerseits* and XXX the customer *andererseits*.

There is not much more information on the page and the einerseits and andererseits get a whole line to themselves. Do we have another way of writing this in legal speak or would

on the one hand

and

on the other hand

be acceptable?

Discussion

John Bowden May 20, 2005:
Oh well, in that case you don't bneed to add anything - XXX (the COMPANY) is sufficient
Non-ProZ.com May 20, 2005:
More context It is a service contact
Between the company providing the service (hereinafter referred to as the COMPANY) AND xxx (hereinafter referred to as the CUSTOMER).

The only other information stated on this first page are the company names, addresses and their authorised representatives (in this case a sales manager and a project manager) and then the last sentence is
"The following is agreed:"

Proposed translations

20 mins
Selected

First Party/Second Party

One way of doing it is to name the companies the first time they're mentioned, and put "hereafter referred to as "The First Party"/"The Second Party" - then later in the contract you don't mention them by name, but e.g. say "The First Party shall have the right to..." etc. - or use brackets as in the example below.
HTH


"GENERAL AGREEMENT

THIS AGREEMENT, made this _____ day of__________, 20 ____, by and between _______________ (First Party) and ___________________ (Second Party)...."


Something went wrong...
4 KudoZ points awarded for this answer. Comment: "All suggestions made could be used depending on the context. Omitting it seems to be the general accepted way of translating this but this is also a tidy alternative solution. "
6 mins

whereas ... (and) notwithstanding (that)

At least this gives you a high-faluting alternative.
You don't tell us what the hands (the one and the other) are actually doing on your first page, or what the contract is generally about.
But it sounds like some sort of preamble setting out the factual background on which the contract is based.
Something went wrong...
18 mins

omit it

to drop the einer/andererseits would be a permissable omission.
To stress that there are no other parties involved you could say:
bilateral contract between xxx and xxx.

hope this helps
Something went wrong...
1 hr

of the first part...of the second part

this is formal legalese and imho nothing much is lost by leaving it out, but is often seen and might suit your purpose
Something went wrong...
+1
14 mins

between

Solitamente nei contratti inglese esiste un "between" che lega le due parti dell'accordo.
Se fosse un atto giuridico, si dovrebbero tradurre con Plaintiff e Defendant, ma se dici che questo non è diritto processuale, bensì solo diritto commerciale, meglio un "between ...... and .......(the parties) it is agreed that" che è consueto nei contratti inglesi.

Guarda questo bellissimo e chiarissimo atto. Il sito è australiano, ma rispecchia il diritto vigente in Australia deriva da quello britannico.

Ciao

--------------------------------------------------
Note added at 4 hrs 4 mins (2005-05-20 13:08:10 GMT)
--------------------------------------------------

All in all *between the parties it is agreed* is highly sufficient. Or as an alternative you could put \"one party\" and \"the other party\" if the parties are only two. Unusual but correct. I think I happened to see one document like that.
Peer comment(s):

neutral Robert Kleemaier : I'd really like to evaluate what you propose, but my Italiano is soooooo limited... (hint, hint;-) // gracie :-)
3 hrs
I added a small part in English.
agree Colin Newberry : Ciao4niao
7 hrs
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search