Glossary entry (derived from question below)
German term or phrase:
Vertragslücken
English translation:
contract gap
- The asker opted for community grading. The question was closed on 2018-09-18 09:54:07 based on peer agreement (or, if there were too few peer comments, asker preference.)
Sep 14, 2018 18:56
5 yrs ago
7 viewers *
German term
Contract clause
German to English
Law/Patents
Law: Contract(s)
Vertragslücken
Hello!
I am translating a fairly straight forward agreement from German into English, and I have come across a clause destined to "Vertragslücken". The clause is very simple: "Die Regelung von Ziff. xxx gilt sinngemäss auch für das Ausfüllen von Vertragslücken." The Ziff. it is referring to states how the Parties must proceed in case any provisions are void or unenforceable.
The meaning is clear to me, however I do not believe I've ever come across a similar clause in any contract before. I am unsure of whether to title this clause "Contract loopholes" or "grey areas". I would appreciate any suggestions, especially if anyone has ever seen a clause with this title before.
Cheers!
I am translating a fairly straight forward agreement from German into English, and I have come across a clause destined to "Vertragslücken". The clause is very simple: "Die Regelung von Ziff. xxx gilt sinngemäss auch für das Ausfüllen von Vertragslücken." The Ziff. it is referring to states how the Parties must proceed in case any provisions are void or unenforceable.
The meaning is clear to me, however I do not believe I've ever come across a similar clause in any contract before. I am unsure of whether to title this clause "Contract loopholes" or "grey areas". I would appreciate any suggestions, especially if anyone has ever seen a clause with this title before.
Cheers!
Proposed translations
(English)
4 +6 | fill any gap | Kim Metzger |
3 -1 | (Clarifying) contractual uncertainties | Michael Martin, MA |
References
Has been asked before | Steffen Walter |
Proposed translations
+6
57 mins
Selected
fill any gap
Vertragslücke - gap
12.4 - Severability. - salvatorische Klausel
In the event of the invalidity of any provisions of this Agreement or if this Agreement contains any gaps, the Parties agree that such invalidity or gap shall not affect the validity of the remaining, provisions of this Agreement. The Parties will replace an invalid provision or fill any gap with a valid provision that most closely approximates the purpose and economic effect of the invalid provision or, in case of a gap, the Parties' intentions. In the event that the provisions of this Agreement are materially altered as a result of the preceding sentences, the Parties shall renegotiate the provisions of this Agreement in order to resolve any inequities. Nothing in this Agreement shall be interpreted so as to require either Party to violate any applicable laws, rules or regulations. https://agreements.realdealdocs.com/supply-contract-clauses/...
12.4 - Severability. - salvatorische Klausel
In the event of the invalidity of any provisions of this Agreement or if this Agreement contains any gaps, the Parties agree that such invalidity or gap shall not affect the validity of the remaining, provisions of this Agreement. The Parties will replace an invalid provision or fill any gap with a valid provision that most closely approximates the purpose and economic effect of the invalid provision or, in case of a gap, the Parties' intentions. In the event that the provisions of this Agreement are materially altered as a result of the preceding sentences, the Parties shall renegotiate the provisions of this Agreement in order to resolve any inequities. Nothing in this Agreement shall be interpreted so as to require either Party to violate any applicable laws, rules or regulations. https://agreements.realdealdocs.com/supply-contract-clauses/...
4 KudoZ points awarded for this answer.
Comment: "Thank you for the link! I actually searched the term in the ProZ glossary before posting the question and did not get any hits, even though it was the exact same spelling. Odd!"
-1
27 mins
(Clarifying) contractual uncertainties
...the only thing that's certain is uncertainty...
Peer comment(s):
disagree |
Steffen Walter
: This wording would be highly unusual in a severability clause. See Kim's answer./See asker's context ("Die Regelung von Ziff. xxx gilt sinngemäss auch für das Ausfüllen von Vertragslücken."). This is clearly about translating the term in-context.
1 hr
|
Are we just looking to translate "Vertragslücken" (no-brainer) or a topic sentence to head up a paragraph?/I was afraid you might say that:)
|
Reference comments
2 hrs
Reference:
Has been asked before
See, for instance,
https://www.proz.com/kudoz/german-to-english/law-contracts/6...
https://www.proz.com/kudoz/english-to-german/law-contracts/5...
https://www.proz.com/kudoz/german-to-english/law-contracts/6...
https://www.proz.com/kudoz/english-to-german/law-contracts/5...
Peer comments on this reference comment:
agree |
Edith Kelly
: Yes, but askers always think they will have to invent the wheel
9 hrs
|
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