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This question was closed without grading. Reason: No acceptable answer
Apr 3, 2019 05:14
5 yrs ago
German term

sich einander so zu stellen

German to English Law/Patents Law: Contract(s) Customer service
Hi all,
this is from a contract addendum with an insurance company.

Die Parteien verpflichten sich, *** einander so zu stellen ***, wie sie gestanden hätten, und einander zu gewähren, was sie haben würden, wenn der Lebensversicherungsvertrag von Anfang an gültig gewesen wäre.

Has anyone come across this expression before?

Many thanks for your help!
Proposed translations (English)
4 +2 treat each other
4 +1 to put each other in such a position (in relation to each other) as they would have been (in)
3 to (mutally) accept the terms
References
See previous questions

Proposed translations

7 mins

to (mutally) accept the terms

I would suggest

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Note added at 12 mins (2019-04-03 05:27:46 GMT)
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Die Parteien verpflichten sich, *** einander so zu stellen ***,

Both parties agree to accept the terms

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Note added at 14 mins (2019-04-03 05:29:42 GMT)
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etc, and might need some twichting but that's the idea
Peer comment(s):
neutral Steffen Walter : Slightly misses the point, in my view. Compare previous questions referenced below.
1 hr
Something went wrong...
+1
6 hrs
German term (edited): sich einander so zu stellen wie sie gestanden hätten

to put each other in such a position (in relation to each other) as they would have been (in)

cf. expectation loss for the measure of damages on breach of contract in Anglo-American law.

Otherwise, refer to Humboldt Uni.-expert Steffen W's refs. and explanations, whilst Phil G. and Writeaway will judge this answer purely on its merits.


Such a third party beneficiary can sue to enforce the contract if he was intended to ..... performance, or force a party to go through with its contractual obligations. ... is intended to compensate the promise, putting the party back in the position he
Example sentence:

Expectation [Benefit of the Bargain]: Put promisee in position he would have been in had the contract been performed: •Measure: Wealth of promisee if promise had been performed – Actual ... have been in had the contract never been made

Second, judicial relief is intended to compensate the promise, *putting the party back in the position he would have been* if the breach had not occurred and the contract had been fulfilled.

Reference:

http://www.law.nyu.edu/sites/default/files/ECM_PRO_063763.pdf

http://www.businesslawbasics.com/chapter-18-contract-law

Peer comment(s):
agree Steffen Walter : Quite frankly, I fail to see the purpose of addressing me as a "Humboldt Uni expert". Any irony I might be missing? What is your point, actually?/I agree with your wording, though./A-ha, thanks for clarifying :-)
1 hr
Thanks. No irony meant. Humboldt Uni. is in fact close to my heart from the pre-Wende days as a landmark after the ex-Linden Corso disco on Unter den Linden, the Palasthotel and Palast der Republik for reasons I cannot canvass here.
Something went wrong...
+2
8 hrs

treat each other

Not sure I like any of the previous suggestions. I think this solution makes the sentence easier to understand.

"The parties undertake to treat each other based on the same status and privileges they would have granted each other had the life insurance agreement been in force from the outset."
Peer comment(s):
agree Steffen Walter : Another viable option, in my view.
10 mins
agree philgoddard : That's a good idea.
1 hr
neutral Lancashireman : Matthew 7:12, see also Luke 6:31
6 hrs
That comment reminds me of Brexit - you can't tell whether it's coming or going.
neutral Adrian MM. : As per Lancastrian Andy Cap, we all 'know' that expectation & reliance loss in contract remedies is a theory originating from Yale Uni. (in the USA) & 'seeks to put the parties back in the *position they would have been*, had the contract been performed.
18 hrs
If we all 'know', why are you telling me this? We always seem to be getting knowledgeable comments. What we don't get enough of are practical solutions.
Something went wrong...

Reference comments

1 hr
Reference:

See previous questions

There are similar entries in the glossary already, including

https://www.proz.com/kudoz/german-to-english/law-contracts/6...
https://www.proz.com/kudoz/german-to-english/law-contracts/3...
https://www.proz.com/kudoz/english-to-german/law-contracts/3...
https://www.proz.com/kudoz/german-to-english/law-contracts/1...
https://www.proz.com/kudoz/english-to-german/law-contracts/2...

(I've searched for "so zu stellen", "so stellen" and "so gestellt".)

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Note added at 1 hr (2019-04-03 07:01:28 GMT)
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Also, the phrase entered in your question headline is incorrect because "sich" belongs to "verpflichten", so it's got to be "einander so (zu) stellen".

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Note added at 2 hrs (2019-04-03 07:34:12 GMT)
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Perhaps expand to "... do all acts necessary and agree (up)on such other terms that ...".
Note from asker:
Many thanks Steffen, I had tenatively already written "do all acts necessary...." so I am probably on the right track.
Hey, it's a Swiss document, I consider myself lucky that it actually is comprehensible :-)
Peer comments on this reference comment:
agree philgoddard : Wow!
7 mins
agree writeaway
2 hrs
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