Re: [tdf-discuss] Re: TDF Statutes -- check over the EN version

Hello Anthony,

I disagree. The German text will be the sole one with legal validity, in NZ
or elsewhere. And it will be the only text to be evaluated. There is no
easy way out of that in case of litigation but that's an established legal
practice. If this was a NZ based entity the same would apply: the text
would have to be read in NZ legal english.

Best,
Charles.
Le 17 sept. 2012 00:39, "Anthony Easthope" <antisocky@myopera.com> a écrit :

> A warning -- When translating a legal document make sure that it does
> not lose it's original meaning. A classic example of this is New
> Zealands treaty of waitangi (essentially the founding document of New
> Zealands Bi-Cultural Constitution)
> as we can see here it was here that due to a "Lost in translation" issue
> that lead to alot of the issues that NZ has faced efor settlement claims
> - (Read Article here:
>
> http://www.nzhistory.net.nz/politics/treaty/read-the-Treaty/differences-between-the-texts
> ).
>
> It is true that the Deutch version will supersede the English
> Translation in the court of law. How ever that would only be the case in
> the German Jurisdiction - not for example in the British or American
> Jurisdiction, Best solution here would be to draft an international code
> or charter that can be freely interpreted by any court wherever and
> whenever -- Easiest thing to do would be to translated the DE version of
> course! :D
> On Sun, 16ng  Sep 2012, at 10:17 PM, Thorsten Behrens wrote
> > Florian Effenberger wrote:
> > > the documents in their current form have been translated by a lawyer
> > > together with a native speaker. So, from my POV, we should
> > > definitely be very careful in changing words, and involving someone
> > > understanding the German legal system can't harm (I can't volunteer,
> > > I desperately lack time).
> > I can at least offer to proof-read the occasional intermediate
> > version. I was heavily involved in drafting both German & English
> > versions.
> >
> > Cheers,
> >
> > --
> > Thorsten Behrens, Director, Deputy Chairman of the Board
> > The Document Foundation, Zimmerstr. 69, 10117 Berlin, Germany
> > Rechtsfähige Stiftung des bürgerlichen Rechts
> > Legal details: http://www.documentfoundation.org/imprint
> >
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>
> --
>   Anthony Easthope
>   antisocky@myopera.com
>
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