Glossary entry

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?
Proposed translations (English)
3 +5 implied mutual consent

Discussion

Helen Shiner (asker) Nov 16, 2009:
Added context I did not include what follows since it seems to be of little help. 1st para refers to an obligation to put everything in writing. It then continues:
Mündliche Nebenabreden bestehen nicht. Weitergehende Abreden, als die in diesem Vertrag niedergelegten, sind nicht vereinbart.

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:

http://www.dict.cc

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
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "This was accepted by the client without comment. Many thanks, indeed, for your help."
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