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Sep 25, 2013 04:30
10 yrs ago
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German term

gerichtliche Abschreibungskosten

German to English Law/Patents Finance (general)
From a Swiss legal document concerning bankruptcy - any ideas?
Proposed translations (English)
4 court's costs; costs of the action
4 Judicial Amortization Costs

Discussion

Ted Wozniak Sep 25, 2013:
as to the "costs" portion I think (emphasis on think) this refers to the cost allocation between the parties laid down by the court when it dismissed the case without judgment. See the references previously submitted, at least one of which discusses not being able to add certain costs after the case has been "abgeschrieben".
Scott Spires (asker) Sep 25, 2013:
Unfortunately I don't have much for context. This comes from a series of Loss Certificates (Verlustscheine) for a bankruptcy action, so the terms are listed without much context being provided.
Scott Spires (asker) Sep 25, 2013:
This is from the Canton of Zug.
David Moore (X) Sep 25, 2013:
@ Scott: I understand that these legal terms in Switzerland vary from one canton to another, so if you tell us the canton where this document originated, we may be able to help further.
David Moore (X) Sep 25, 2013:
@ Inge: Sorry, I was only going by the poster's heading - "gerichtliche Abschreibungskosten", which I took as meaning "court costs".
Ted Wozniak Sep 25, 2013:
Abschreibung des Verfahrens First off, I am a financial translator, not a legal expert so take the following as food for thought only.

I'm skeptical about Abschreibung being used here in anything like the normal financial meaning of "write off". Some cursory research shows numerous Swiss legal documents talking about Abschreibung des Verfahrens and related terms.

In this context, it appears that abschreiben/Abschreibung MAY refer to the (written) closing of the case by the court.

http://www.vischer.com/uploads/attachment/file/324/YPI_Koste...

http://relevancy.bger.ch/cgi-bin/JumpCGI?id=BGE-139-III-133&...

http://ius.unibas.ch/studium/angebote-fuer-studierende/disku...

http://www.schlichtungsverfahren.ch/mediation

In
Paul Skidmore Sep 25, 2013:
closing a case David has a valid point. The Swiss Code of Civil Procedure (ZPO) uses the term "abschreiben" for closing a case without a judgment. See Article 241(3) and 242 of the Swiss ZPO. Unless Scott provides more context we will not know what is really at issue here.
Inge Luus Sep 25, 2013:
@Scott: could these be amortisation/depreciation costs determined by the court? I am not that familiar with bankruptcy proceedings in CH, but I know that in some international jurisdictions, the courts allow or disallow depreciation charges. Your context may provide more clues.
Inge Luus Sep 25, 2013:
@David: I was clarifying your definition of amortise, which was misleading in an accounting context. Also, the context you provided might not be the same as the asker's.

Proposed translations

5 hrs
Selected

court's costs; costs of the action

From a Swiss document, of which this is an extract:

"Die Parteien übernehmen die gerichtliche Abschreibungskosten je zur Hälfte und
verzichten gegenseitig auf eine Parteientschädigung", although this particular document concerns a divorce, it is quite clear that this is what it means.

The only circumstances in which "amortisation" can refer to "Abschreibung" are in connection with INtangible assets, as far as I can find out. "Amortise" means to pay (back) in small amounts, such as monthly payments on a new car, or on plant and equipment perhaps.
Peer comment(s):
neutral Inge Luus : INtangible assets (eg software) are amortised, tangible assets (eg plant & equipm) are depreciated. In accounting it means to reduce the value of an asset over time (not to pay back - that would be the general usage)
26 mins
And how pray do you propose to 'depreciate' court costs, which these look most likely to be? DO remember we are talking Switzerland here...
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4 KudoZ points awarded for this answer.
46 mins

Judicial Amortization Costs

Can also use depreciation costs
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