Nov 11, 2017 15:46
6 yrs ago
13 viewers *
German term
United Kingdom
Vollzug der Vereinbarung
German to English
Law/Patents
Law (general)
Urteil
This is from a BGH judgment.
I think Vollzug usually means completion/closing only in relation to financial transactions. But can it also apply to agreements? Or does it in this instance mean implementation/execution?
Both interpretations seem plausible in this context, and it's too important a distinction to hazard a guess at. Advice from experienced legal translators welcome!
"Die Dauerhaftigkeit der mit den technischen Klauseln ermöglichten Änderung der unternehmerischen Ausrichtung der XXX resultiert aus der Tatsache, dass zu unterstellen ist, dass die Ursprungsvereinbarung und damit auch die technischen Klauseln bis zum Vollzug der Gesamtvereinbarung und damit ggf. über einen Zettraum von mehreren Jahren galten."
Thanks in advance for any help.
I think Vollzug usually means completion/closing only in relation to financial transactions. But can it also apply to agreements? Or does it in this instance mean implementation/execution?
Both interpretations seem plausible in this context, and it's too important a distinction to hazard a guess at. Advice from experienced legal translators welcome!
"Die Dauerhaftigkeit der mit den technischen Klauseln ermöglichten Änderung der unternehmerischen Ausrichtung der XXX resultiert aus der Tatsache, dass zu unterstellen ist, dass die Ursprungsvereinbarung und damit auch die technischen Klauseln bis zum Vollzug der Gesamtvereinbarung und damit ggf. über einen Zettraum von mehreren Jahren galten."
Thanks in advance for any help.
Proposed translations
(English)
| 3 | consummation of the agreement |
gangels (X)
|
| 3 | execution of the agreement |
Michael Martin, MA
|
Proposed translations
1 day 14 mins
Selected
consummation of the agreement
The difference between execution and consummation is as follows:
Both parties agree to 'execute' (in the sense of "ausfertigen") an agreement
Whereupon the agreement is being 'consummated' (in the sense of "ausgeführt wird").
A classic example are marriage vows: A formal marriage certificate will be 'executed', but the union is 'consummated' in the bridal chamber.
E.g., non-consummation of marriage is grounds for annulment, at least in the US (and Italy, too)
So, if one party to your agreement will not act on its stipulations, it will become nil and void for reasons of 'non-consummation'
Both parties agree to 'execute' (in the sense of "ausfertigen") an agreement
Whereupon the agreement is being 'consummated' (in the sense of "ausgeführt wird").
A classic example are marriage vows: A formal marriage certificate will be 'executed', but the union is 'consummated' in the bridal chamber.
E.g., non-consummation of marriage is grounds for annulment, at least in the US (and Italy, too)
So, if one party to your agreement will not act on its stipulations, it will become nil and void for reasons of 'non-consummation'
Note from asker:
| I think this comes closest to capturing the sense of completion (as opposed to just implementation) that is implied by Vollzug. I would not have thought of using consummation, as I had always assumed it applies solely to the context you refer to (marriage), but I can see now that it would work here too. Thanks. |
4 KudoZ points awarded for this answer.
Comment: "Thank you!"
13 hrs
Michael Martin, MA
United States
United States
Native in German
&
English
Specializes in field
United States
Creativity wins in the long run
Native in: German (Variant: Germany) 
, English (Variant: US)
Works in: German to English
Related KudoZ points
:
364
execution of the agreement
Vollzug usually means execution in the sense of signing off on a document so it becomes legally binding and this context gives me no reason to stray from that interpretation. In other words, the stipulations of the original agreement remained in effect until the parties signed off on the full agreement.
"..is grounded in the assumption that the original agreement and its technical clauses remained in effect, possibly for several years, until the full agreement was executed."
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Note added at 1 day3 hrs (2017-11-12 19:08:44 GMT) Post-grading
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Hi Marc,
Thanks for your response. I always thought the following was the usual definition of executing an agreement or contract - and it would fit your context, too: "An executed contract is a legal document that has been signed off by the people necessary for it to become effective. The contract is often made between two or more people, but it can also be between a person and an entity, or two or more entities.https://legaldictionary.net/executed-contract/
Compare with this:
"Die Verwaltung geht derzeit davon aus, dass der Kooperationsvertrag im November 2015 rechtswirksam vollzogen werden kann." http://www.grossostheim.de/bbr-verfahren
Note that both the English and the German source seem to suggest that an agreement becomes legally binding after execution or Vollzug.
"..is grounded in the assumption that the original agreement and its technical clauses remained in effect, possibly for several years, until the full agreement was executed."
--------------------------------------------------
Note added at 1 day3 hrs (2017-11-12 19:08:44 GMT) Post-grading
--------------------------------------------------
Hi Marc,
Thanks for your response. I always thought the following was the usual definition of executing an agreement or contract - and it would fit your context, too: "An executed contract is a legal document that has been signed off by the people necessary for it to become effective. The contract is often made between two or more people, but it can also be between a person and an entity, or two or more entities.https://legaldictionary.net/executed-contract/
Compare with this:
"Die Verwaltung geht derzeit davon aus, dass der Kooperationsvertrag im November 2015 rechtswirksam vollzogen werden kann." http://www.grossostheim.de/bbr-verfahren
Note that both the English and the German source seem to suggest that an agreement becomes legally binding after execution or Vollzug.
Note from asker:
| Michael, I'm not sure that "execution" of an agreement is the same as signing it off. Execution implies implementation or putting into effect, and there could be a gap in time between the signing of the agreement and its implementation (execution), so they can't be deemed synonymous. I think Vollzug implies some kind of completion, which I don't think is captured by "execution". And if "signing off" is really what is meant here, I would have expected Abschluß. |
| "An executed contract is a legal document that has been signed off by the people necessary for it to become effective." Indeed. But is that the same as a vollzogene contract? In other words does vollzogen mean only executed, or does it also imply the full consummation of the contract (i.e the fulfilment of all its provisions)? Your example would seem to suggest that it means only formation and/or implementation, but not necessarily consummation. |
Discussion
Unfortunately I don't know much more about the Ursprungsvereinbarung and Gesamtvereinbarung than you do, as I am translating an excerpt from the Urteil.
I think I will just have to accept that Vollzug is ambivalent in this instance, and leave a note that effect.
If so, I agree that there is an ambiguity, which also exists with the English "implement". It usually means "fulfill all the terms of the agreement, so that it can now be terminated", but it can mean come into effect.
The dictionary gives both meanings:
http://www.dict.cc/?s=vollziehen
The trouble is that we don't have enough background - we don't know what the Ursprungsvereinbarung and the Gesamtvereinbarung are, whereas you presumably do. Is there not one interpretation of "Vollzug" that makes more sense in the context?