Glossary entry

German term or phrase:

mit novierender Wirkung

English translation:

with the effect of novation

Added to glossary by Timothy Wood
May 26, 2010 21:37
13 yrs ago
German term

mit novierender Wirkung

German to English Bus/Financial Law: Contract(s) Loans
One party is purchasing stock from another party. The purchasing party does not have enough money to pay cash, so the party selling the stock has offered the purchasing party a loan in order to make the transaction. To my knowledge, there was no previous loan agreement between the two parties, but they were involved in several other business agreements before.


The original reads:

Die Tilgung des Kaufpreises erfolgt mit Unterzeichnung dieses Vertrages (gemaess Ziff. 11) durch Einraeumung eines Darlehens mit novierender Wirkung von XX to XX in Hoehe von ...

My translation:

The repayment of the purchase price takes place at the signing of this agreement (as stated in section 11) by XX granting to XX a loan with a new effect in the amount of

I know that novierend has to do with something being new or having the nature of newness. However, the English literal translation strikes me as stylistically odd and semantically off base.

Any suggestions?

Thanks.
Change log

May 28, 2010 12:27: Steffen Walter changed "Field" from "Law/Patents" to "Bus/Financial"

May 28, 2010 14:36: Timothy Wood Created KOG entry

Proposed translations

+3
5 hrs
Selected

with novation

Novation means that there being a contract in existence, some new contract is substituted for it, either between the same parties or between different parties, with the consideration being the discharge of the old contract.
Peer comment(s):

agree urbom
4 hrs
agree Margaret Marks : or: with the effect of novation
7 hrs
agree Steffen Walter
1 day 9 hrs
Something went wrong...
3 KudoZ points awarded for this answer. Comment: "Yes, I went with "with the effect of novation". Thank you for your assistance and suggestions!"
19 mins

with renewed effect

I am not sure if it fits the context properly, but it sounds better.
Note from asker:
Thank you, Dave, for taking the time to answer this question. I did like your suggestion for the sound of it (it sounded better than mine!), but I went with the translation that included the term "novation". That fits better semantically and stylistically.
Something went wrong...
20 mins

with a new effect (your own suggestion)

or: with renewing effect

Both read OK IMO.
Note from asker:
Thank you, Gert, for taking the time to answer this question. I went with the translation that included the term "novation", which involves a new contract that substitutes for an old one. That fits better semantically and stylistically.
Something went wrong...
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