Glossary entry

German term or phrase:

leistungsbefreiend

English translation:

honouring debts/liabilities

    The asker opted for community grading. The question was closed on 2010-10-29 07:54:09 based on peer agreement (or, if there were too few peer comments, asker preference.)
Oct 25, 2010 12:19
13 yrs ago
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German term

leistungsbefreiend

German to English Law/Patents Law: Contract(s)
The context is a clause in a contract:

"Bei Abtretung von Ansprüchen gegen den AG an Dritte kann der AG leistungsbefreiend auch an den AN bezahlen."

AG - Auftragnehmer AN - Auftragnehmer

Thanks in advance for any suggestions.

Discussion

Kim Metzger Oct 25, 2010:
What kind of contract are we talking about?

Proposed translations

1 hr
Selected

honouring debts/liabilities

...AG can pay AN, thus honouring his debst...

couldn't find any references, so I just say what it is
Rolf

Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you"
1 hr

relief from performance

I can't back this up with direct translations, but it seems like a reasonable solution.

The object of the instant Agreement is to collect royalties due to the Debtor, and Royalty’s failure to seek redress for future infringements or to seek collection on existing payment arrangements would defeat the object of the contract, and certainly constitute a material breach which would result in Debtor’s relief from performance under the contract, that is, payment of Royalty’s commission.

http://www.nysb.uscourts.gov/opinions/cgm/126484_56_opinion....

The concept of change of circumstances is different from force majeure as it does not require impossibility of performance for it to apply and a mere threat of grave loss may suffice. Accordingly, a lower burden of proof than that required under typical force majeure clauses will apply to this doctrine. The courts are required to examine each case based on its own merits and circumstances in order to decide whether or not to grant relief from performance.
http://www.worldfinance.com/news/world-market/energyandenvir...
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1 hr

in release from performance

might fit here
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5 hrs

release from the obligation to perform

...is probably the phrase you're looking for.

"release from the obligation to perform"
http://shortify.com/11344
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3 hrs

discharge an obligation to perform

A defendant may discharge an obligation to
perform community service under this article by paying at any time
the fine and costs assessed.


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Note added at 9 hrs (2010-10-25 21:41:13 GMT)
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discharge one from obligation to perform
Peer comment(s):

neutral casper (X) : "To discharge an obligation or duty is to perform all the steps necessary for its fulfillment": http://www.answers.com/topic/perform
1 hr
yes, thanks. Release one from performance / obligation
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