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  3. Law: Contract(s)

unter Verwahrung gegen die Beweislast

English translation: under protest against the burden of proof

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:unter Verwahrung gegen die Beweislast
English translation:under protest against the burden of proof
Entered by: transatgees

08:14 Oct 16, 2019
German to English translations [PRO]
Law/Patents - Law: Contract(s) / breach of contract
German term or phrase: unter Verwahrung gegen die Beweislast
In a statement of defence submitted to a court during litigation for breach of contract. When submitting evidence this statment is made in certain (but not all) cases, thus: "Beweis: (unter Verwahrung gegen die Beweislast) Zeugnis des Herrn xxxx, zu laden über die Beklagte"

Thank you for your help.
transatgees
United Kingdom
Local time: 07:50
under protest against the burden of proof
Explanation:
https://dict.leo.org/forum/viewUnsolvedquery.php?idforum=1&i...

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Note added at 9 mins (2019-10-16 08:23:43 GMT)
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Or under "onus" of proof...

https://www.proz.com/kudoz/german-to-english/law-general/285...
Selected response from:

Chris Pr
United Kingdom
Local time: 07:50
Grading comment
Thank you
4 KudoZ points were awarded for this answer



Summary of answers provided
4objecting to burden of proof responsibility
Michael Martin, MA
3under protest against the burden of proof
Chris Pr
Summary of reference entries provided
without prejudice to (reversing) the burden of proof
Adrian MM.

Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
under protest against the burden of proof


Explanation:
https://dict.leo.org/forum/viewUnsolvedquery.php?idforum=1&i...

--------------------------------------------------
Note added at 9 mins (2019-10-16 08:23:43 GMT)
--------------------------------------------------

Or under "onus" of proof...

https://www.proz.com/kudoz/german-to-english/law-general/285...

Chris Pr
United Kingdom
Local time: 07:50
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  writeaway: your Kudoz reference shows the top De-En/En-De legal translator on Proz, so it's a sure bet it's 101% correct.
2 hrs
  -> Thx for the added ref info... :)
neutral  AllegroTrans: "Under protest" is not a term I recognise in English legalspeak (in this context)
12 hrs
disagree  Kartik Isaac: see Adrian MM's answer
1 day 16 hrs
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
objecting to burden of proof responsibility


Explanation:
States it as clearly and succinctly as the German

Michael Martin, MA
United States
Local time: 02:50
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 245

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I don't think this is about objecting and "burden of proof responsibility" would not be used as a legal term
7 hrs
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Reference comments


33 mins peer agreement (net): +4
Reference: without prejudice to (reversing) the burden of proof

Reference information:
NB the difference with the standard of proof in ENG > on the balance (US) preponderance of probabilities in a civil trial and beyond reasonable doubt in a criminal trial.

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Note added at 34 mins (2019-10-16 08:49:02 GMT)
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https://eng.proz.com/kudoz/german-to-english/law-general/329...


    Reference: http://eng.proz.com/kudoz/german-to-english/law-general/3297...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 42

Peer comments on this reference comment (and responses from the reference poster)
agree  Björn Vrooman: The link you reposted (see that now) shows you and Kim teaming up to answer the Q. Protest makes zero sense anyway. Prejudice: https://law.justia.com/cases/texas/supreme-court/1975/b-4865... // Or "without assuming" (see D.C. Circuit Court of Appeals)
3 hrs
  -> Thanks 1. Yes. I reposted as the first link didn't work 2. this answer incl. Kim's 'without prejudice to the question of the B of P' is already in the glossaries w/o the preposition of 'unter'. 3. I know 'protests' from ship master's decs./ Bills of Exch.
agree  Daniel Arnold (X): without prejudice to the contested burden of proof - imho
11 hrs
  -> Thanks, danke and good thinking! BTW, English Bar Exam candidates are not allowed and are penalised for describing their opinions as 'humble' - it has sometimes turned a borderline pass mark into a fail....
agree  AllegroTrans
12 hrs
  -> Thanks and danke schön!
agree  Kartik Isaac
1 day 15 hrs
  -> Thanks, danke and good thinking!
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