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  2. German to English
  3. Law: Contract(s)

der Auftraggeber von den den Anspruch begründenden Umständen und der ‎Person des

English translation: the client became aware of the circumstances supporting the claim and of the identity of the liable

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:der Auftraggeber von den den Anspruch begründenden Umständen und der ‎Person des
English translation:the client became aware of the circumstances supporting the claim and of the identity of the liable

16:39 Sep 12, 2013
    The asker opted for community grading. The question was closed on 2013-09-15 18:54:12 based on peer agreement (or, if there were too few peer comments, asker preference.)


German to English translations [PRO]
Law/Patents - Law: Contract(s) / part of a standard form for tax advisors in Germany (Liability clause)
German term or phrase: der Auftraggeber von den den Anspruch begründenden Umständen und der ‎Person des
The whole sentence is this:
"Soweit ein Schadenersatzanspruch des Auftraggebers kraft Gesetzes nicht einer kürzeren ‎Verjährungsfrist unterliegt, verjährt er in drei Jahren von dem Zeitpunkt an,
- in dem der ‎Anspruch entstanden ist, und der Auftraggeber von den den Anspruch ‎begründenden Umständen und der Person des Schuldners Kenntnis erlangt oder ‎ohne grobe Fahrlässigkeit erlangen müsste."

i am somehow struggling with the syntax of the second part.

This is taken from "Allgemeine Auftragsbedingungen für Steuerberater, Steuerbevollmächtigte und Steuerberatungsgesellschaften", Paragraph 5 HAFTUNG.
Yael Ramon
Israel
Local time: 12:49
the client became aware of the circumstances supporting the claim and of the identity of the liable
Explanation:
The entire AAB for StB is available in an "authorized" (I didn't say good) version is available at various sites online or in print from the DWS-Verlag
====

Unless a claim for damage by the client is not subject to a shorter limitation period by law it becomes statute-barred
a) after three years from the time the claim arose, and the client became aware of the circumstances supporting the claim and of the identity of the liable party, or would have obtained such knowledge, had he not acted with gross negligence,
Selected response from:

Ted Wozniak
United States
Local time: 04:49
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4the client became aware of the circumstances supporting the claim and of the identity of the liable
Ted Wozniak
3Siehe unten
Andrew Bramhall
3when the party incurring the damage...
Michael Martin, MA


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
the client became aware of the circumstances supporting the claim and of the identity of the liable


Explanation:
The entire AAB for StB is available in an "authorized" (I didn't say good) version is available at various sites online or in print from the DWS-Verlag
====

Unless a claim for damage by the client is not subject to a shorter limitation period by law it becomes statute-barred
a) after three years from the time the claim arose, and the client became aware of the circumstances supporting the claim and of the identity of the liable party, or would have obtained such knowledge, had he not acted with gross negligence,

Ted Wozniak
United States
Local time: 04:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 114
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM. (X)
23 mins
agree  Sebastian Witte
29 mins
agree  writeaway
4 hrs
agree  Felix Sherrington-Kendall
14 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
Siehe unten


Explanation:
Insofar as no compensation claim over a shorter period is made at law by the client , then a statutory period of limitation of three years will apply, starting from the time the claim arose, or when the client first became aware of the circumstances of it ,the identity of the debtor became known, or where this had to have arisen from gross negligence;

--------------------------------------------------
Note added at 1 hr (2013-09-12 17:45:55 GMT)
--------------------------------------------------

This is the starting point for the three year statutory period,either:
1) from the date of the compensation claim;
2) from the date the client first became aware of the need for a claim;
3) the date the debtor/ indebted party became known;
4) or from the date gross negligence could be proved;

Andrew Bramhall
United Kingdom
Local time: 10:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
when the party incurring the damage...


Explanation:
I think the English version below is good even without mentioning grobe Fahrlässigkeit.

"... 3 years from the date when the party incurring the damage had knowledge, or should have had knowledge of the circumstances justifying the claim and of the identity of liable party."

Also see below:

"... 3 years from the date when the party incurring the damage had knowledge, or should have had knowledge, of the damage and of the identity of liable party."


    https://www.google.com/#q=%223+years+from+the+date+when+the+party+incurring+the+damage+had+knowledge%2C+or+should+have+had+knowledge%2C+of+t
Michael Martin, MA
United States
Local time: 05:49
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 245
Notes to answerer
Asker: TNX Michael. now i have to put it into Hebrew...

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