Glossary entry (derived from question below)
Deutsch term or phrase:
Gerichtsstand and Sitz
Englisch translation:
place of jurisdiction (US=venue), seat
Added to glossary by
davidgreen
Feb 5, 2005 16:00
20 yrs ago
20 viewers *
Deutsch term
Gerichtsstand and Sitz
Deutsch > Englisch
Rechts- und Patentwesen
Recht: Verträge
Ok, these have been answered in the kudoz several times but what I'd like to know, is ONE translation for these at the end of a contract. Preferably for British English.
For example, what's the difference between (place of) jurisdiction, competent court and venue (Gerichtsstand)?
And for "Sitz" is it (company)domicile, headquarters, head office, registered office or what?
Any lawyers out there who could clarify this (I realise now I'll probably be more confused after hearing the responses to this but I thought it'd be worth a shot).
Thanks
For example, what's the difference between (place of) jurisdiction, competent court and venue (Gerichtsstand)?
And for "Sitz" is it (company)domicile, headquarters, head office, registered office or what?
Any lawyers out there who could clarify this (I realise now I'll probably be more confused after hearing the responses to this but I thought it'd be worth a shot).
Thanks
Proposed translations
(Englisch)
| 5 +2 | place of jurisdiction, seat |
Margaret Marks
|
| 4 +1 | s.u. |
Ingrid Blank
|
Proposed translations
+2
2 Stunden
Margaret Marks
Vereinigtes Königreich
Vereinigtes Königreich
Native in Englisch
Vereinigtes Königreich
Related KudoZ points
:
156
Deutsch term (edited):
Gerichtsstand and Sitz (what are they really?)
Selected
place of jurisdiction, seat
Your question is impossible to answer, as there are no one-to-one equivalents and people disagree!
Having said that (I'm British and a solicitor by training): The Sitz and Gerichtsstand might be, for instance, Hamburg, that is, a town.
The English 'registered office' is an address. I use 'seat', to make it clear it's something different.
Venue is a U.S. term, so I write 'place of jurisdiction'. A city or town cannot be a 'competent court'. The Landgericht Hamburg could be a competent court, but that's not what this text implies.
The exclusive place of jurisdiction over disputes arising from this contract is the seat of XYZ.
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Note added at 4 hrs 41 mins (2005-02-05 20:42:17 GMT)
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On the term \'seat\', I\'d like to add that (Wohn)sitz is a matter of domicile, whereas registered office is a street address and implies both address for service and domicile.
Having said that (I'm British and a solicitor by training): The Sitz and Gerichtsstand might be, for instance, Hamburg, that is, a town.
The English 'registered office' is an address. I use 'seat', to make it clear it's something different.
Venue is a U.S. term, so I write 'place of jurisdiction'. A city or town cannot be a 'competent court'. The Landgericht Hamburg could be a competent court, but that's not what this text implies.
The exclusive place of jurisdiction over disputes arising from this contract is the seat of XYZ.
--------------------------------------------------
Note added at 4 hrs 41 mins (2005-02-05 20:42:17 GMT)
--------------------------------------------------
On the term \'seat\', I\'d like to add that (Wohn)sitz is a matter of domicile, whereas registered office is a street address and implies both address for service and domicile.
Peer comment(s):
| disagree |
EMatt
: There is a difference between jurisdiction and venue. Venue is oertliche Zustaendigkeit and jurisdichtion is sachliche Zustaendigkeit.
1 Stunde
|
|
Only in American law, Erika, and this is specifically about British law. And how 'place of jurisdiction' could mean sachliche Z is a mystery to me.
|
|
| agree |
Kim Metzger
: Thanks for the explanation - I wasn't aware that venue was specific to the US.
6 Stunden
|
| agree |
writeaway
: I've always used place of jurisdiction-thanks for the explanation-now I'll use venue if I get a request for USA English.
15 Stunden
|
| agree |
Michael Kucharski
1 Tag 14 Stunden
|
4 KudoZ points awarded for this answer.
Comment: "Thanks very much Margaret! I kept this up awhile so other translators could benefit."
+1
1 Stunde
s.u.
Sole legal venue (or place of jurisdiction) for all disputes arising from this agreement shall be XYZ's registered office, i.e. the town, city, country in which the company is domiciled
registered office = eingetragener Sitz der Gesellschaft, i.e. where the company is registered with the Registrar of Companies
registered office = eingetragener Sitz der Gesellschaft, i.e. where the company is registered with the Registrar of Companies
Discussion
"Ausschliesslicher Gerichtsstand fuer Streitigkeiten aus diesem Vertrag ist der Sitz der XYZ Firma."
My problem is that I've seen this translated about 10 different ways, and am wondering about the distinctions asked above.
any thoughts?