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  3. Law: Contract(s)

sich einander so zu stellen

05:14 Apr 3, 2019
This question was closed without grading. Reason: No acceptable answer

German to English translations [PRO]
Law/Patents - Law: Contract(s) / Customer service
German term or phrase: sich einander so zu stellen
Hi all,
this is from a contract addendum with an insurance company.

Die Parteien verpflichten sich, *** einander so zu stellen ***, wie sie gestanden hätten, und einander zu gewähren, was sie haben würden, wenn der Lebensversicherungsvertrag von Anfang an gültig gewesen wäre.

Has anyone come across this expression before?

Many thanks for your help!
Daniel Arnold (X)
Australia
Local time: 03:57


Summary of answers provided
4 +2treat each other
Michael Martin, MA
4 +1to put each other in such a position (in relation to each other) as they would have been (in)
Adrian MM.
3to (mutally) accept the terms
David Hollywood
Summary of reference entries provided
See previous questions
Steffen Walter

  

Answers


7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
to (mutally) accept the terms


Explanation:
I would suggest

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Note added at 12 mins (2019-04-03 05:27:46 GMT)
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Die Parteien verpflichten sich, *** einander so zu stellen ***,

Both parties agree to accept the terms

--------------------------------------------------
Note added at 14 mins (2019-04-03 05:29:42 GMT)
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etc, and might need some twichting but that's the idea

David Hollywood
Local time: 22:57
Native speaker of: English
PRO pts in category: 327

Peer comments on this answer (and responses from the answerer)
neutral  Steffen Walter: Slightly misses the point, in my view. Compare previous questions referenced below.
1 hr
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
sich einander so zu stellen wie sie gestanden hätten
to put each other in such a position (in relation to each other) as they would have been (in)


Explanation:
cf. expectation loss for the measure of damages on breach of contract in Anglo-American law.

Otherwise, refer to Humboldt Uni.-expert Steffen W's refs. and explanations, whilst Phil G. and Writeaway will judge this answer purely on its merits.


Such a third party beneficiary can sue to enforce the contract if he was intended to ..... performance, or force a party to go through with its contractual obligations. ... is intended to compensate the promise, putting the party back in the position he

Example sentence(s):
  • Expectation [Benefit of the Bargain]: Put promisee in position he would have been in had the contract been performed: •Measure: Wealth of promisee if promise had been performed – Actual ... have been in had the contract never been made
  • Second, judicial relief is intended to compensate the promise, *putting the party back in the position he would have been* if the breach had not occurred and the contract had been fulfilled.

    Reference: http://www.law.nyu.edu/sites/default/files/ECM_PRO_063763.pd...
    Reference: http://www.businesslawbasics.com/chapter-18-contract-law
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 42

Peer comments on this answer (and responses from the answerer)
agree  Steffen Walter: Quite frankly, I fail to see the purpose of addressing me as a "Humboldt Uni expert". Any irony I might be missing? What is your point, actually?/I agree with your wording, though./A-ha, thanks for clarifying :-)
1 hr
  -> Thanks. No irony meant. Humboldt Uni. is in fact close to my heart from the pre-Wende days as a landmark after the ex-Linden Corso disco on Unter den Linden, the Palasthotel and Palast der Republik for reasons I cannot canvass here.
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
treat each other


Explanation:
Not sure I like any of the previous suggestions. I think this solution makes the sentence easier to understand.

"The parties undertake to treat each other based on the same status and privileges they would have granted each other had the life insurance agreement been in force from the outset."

Michael Martin, MA
United States
Local time: 21:57
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)
agree  Steffen Walter: Another viable option, in my view.
10 mins
agree  philgoddard: That's a good idea.
1 hr
neutral  Lancashireman: Matthew 7:12, see also Luke 6:31
6 hrs
  -> That comment reminds me of Brexit - you can't tell whether it's coming or going.
neutral  Adrian MM.: As per Lancastrian Andy Cap, we all 'know' that expectation & reliance loss in contract remedies is a theory originating from Yale Uni. (in the USA) & 'seeks to put the parties back in the *position they would have been*, had the contract been performed.
18 hrs
  -> If we all 'know', why are you telling me this? We always seem to be getting knowledgeable comments. What we don't get enough of are practical solutions.
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Reference comments


1 hr peer agreement (net): +2
Reference: See previous questions

Reference information:
There are similar entries in the glossary already, including

https://www.proz.com/kudoz/german-to-english/law-contracts/6...
https://www.proz.com/kudoz/german-to-english/law-contracts/3...
https://www.proz.com/kudoz/english-to-german/law-contracts/3...
https://www.proz.com/kudoz/german-to-english/law-contracts/1...
https://www.proz.com/kudoz/english-to-german/law-contracts/2...

(I've searched for "so zu stellen", "so stellen" and "so gestellt".)

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Note added at 1 hr (2019-04-03 07:01:28 GMT)
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Also, the phrase entered in your question headline is incorrect because "sich" belongs to "verpflichten", so it's got to be "einander so (zu) stellen".

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Note added at 2 hrs (2019-04-03 07:34:12 GMT)
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Perhaps expand to "... do all acts necessary and agree (up)on such other terms that ...".

Steffen Walter
Germany
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 678
Note to reference poster
Asker: Many thanks Steffen, I had tenatively already written "do all acts necessary...." so I am probably on the right track.

Asker: Hey, it's a Swiss document, I consider myself lucky that it actually is comprehensible :-)


Peer comments on this reference comment (and responses from the reference poster)
agree  philgoddard: Wow!
7 mins
agree  writeaway
2 hrs
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