14:50 Oct 19, 2013 |
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German to English translations [PRO] Law/Patents - Business/Commerce (general) / IP rights etc. | |||||||
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Summary of answers provided | ||||
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3 | choice of settlement (option) |
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3 | option to continue with the performance of the contract |
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2 | freedom of choice prerogatives |
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choice of settlement (option) Explanation: I think the sentence below should have stated "...they pose a hindrance to the insolvency administrator's choice of settlement option under Section 103 German Insolvency Code." "The court held that they constitute an infringement of Section 119 German Insolvency Code in view of the fact that they pose a hindrance to the insolvency administrator's settlement option under Section 103 German Insolvency Code." Reference: http://www.cliffordchance.com/publicationviews/publications/... Reference: http://en.glosbe.com/de/en/Erf%C3%BCllungswahlrecht |
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option to continue with the performance of the contract Explanation: I agree with Michael that we are dealing with section 103 of the German Insolvency Code. I do not share the view that this provision concerns settlement. The provision concerns the right of the insolvency administrator (liquidator) to choose whether to uphold part-performed contracts or contracts that have not yet been performed. In other words, they have an option whether to continue with the contract. In the present case, I would write something like ... In essence, the court reasoned that the principle whereby the insolvency administrator may choose whether or not to continue with the performance of the contract did not apply to the licences granted in the ... contract. Reference: http://www.gesetze-im-internet.de/inso/__103.html |
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freedom of choice prerogatives Explanation: In its ruling, the court essentially argued that the bankruptcy trustee's freedom of choice prerogatives become inoperative when licenses are granted within a contract that provides for split-off and inclusion. |
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