Glossary entry (derived from question below)
German term or phrase:
Einigungsfiktion
English translation:
implied mutual consent
Added to glossary by
Helen Shiner
Nov 15, 2009 23:31
14 yrs ago
1 viewer *
German term
Einigungsfiktion
German to English
Law/Patents
Law: Contract(s)
employment contract
This appears as part of a heading in an employment contract, which reads as follows:
Schriftform, Einigungsfiktion und salvatorische Klausel
I haven't found any explanation for this term. Any legal brains out there, please?
Schriftform, Einigungsfiktion und salvatorische Klausel
I haven't found any explanation for this term. Any legal brains out there, please?
Proposed translations
(English)
3 +5 | implied mutual consent | PENN TRANSL8 Budd |
Proposed translations
+5
28 mins
Selected
implied mutual consent
"Fiktion" in a legal sense can mean "implication" and one of the online dictionaries I use translates "kraft rechtliche Fiktion" as "implied by law" in the sense that an opposing ideas are insignificant. As is typical when working with German compoiunds, it's a matter to put the two separate words together and (try to) interpret the result. I could be more sure of this answer if I had the text under the heading, too.
Reference:
Note from asker:
Dear richmonibudd, thanks for this. I have used it as you suggest, even though it doesn't feel entirely appropriate within the context, but then there are other strangenesses within this contract. Terminology used as headings with no subsequent explanation, for instance. Not than I haveany reason to doubt you, just the fitness of the contract perhaps. |
Peer comment(s):
agree |
Bernhard Sulzer
: I think that's good; the fiktion part can probably be left out. I was also thinking implied consensus of the involved parties.
1 hr
|
agree |
Charlesp
2 hrs
|
agree |
Tom Feise
7 hrs
|
agree |
British Diana
: yes, bec. "fiktiv" can mean "in theory"
8 hrs
|
agree |
Rolf Keiser
12 hrs
|
4 KudoZ points awarded for this answer.
Comment: "This was accepted by the client without comment. Many thanks, indeed, for your help."
Discussion
Mündliche Nebenabreden bestehen nicht. Weitergehende Abreden, als die in diesem Vertrag niedergelegten, sind nicht vereinbart.