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  3. Law (general)

Die Kosten des Verfahrens werden gegeneinander aufgehoben.

English translation: "Each party shall bear its own costs."

16:05 Jul 14, 2009
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Die Kosten des Verfahrens werden gegeneinander aufgehoben.
Ich habe etwas von cancelled out gefunden, bin mir aber nicht sicher.

Danke für Eure Hilfe
Birgit Müller
Local time: 04:02
English translation:"Each party shall bear its own costs."
Explanation:
That is my standard rendering in English of the sentence.
Selected response from:

Astrid Elke Witte
Germany
Local time: 04:02
Grading comment
Vielen Dank für die Hilfe. Ich habe jetzt übersetzt:
Each party shall bear their own extra-judicial costs.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3the trial costs are divided equally among the parties
claudiocambon
5 +2"Each party shall bear its own costs."
Astrid Elke Witte
4The parties shall be equally liable for the costs of the proceedings
Giovanni Rengifo
4Each party shall bear the cost of their own respresentation; court costs shall be equally devided.
Frank Pepp
Summary of reference entries provided
Please check KudoZ glossary first
Kim Metzger

  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
the trial costs are divided equally among the parties


Explanation:
It's also worded funny this way in other European languages, such as Italian.

--------------------------------------------------
Note added at 4 mins (2009-07-14 16:10:38 GMT)
--------------------------------------------------

legal fees or trial expenses may also be used as an alternative to trial costs.

claudiocambon
United States
Local time: 19:02
Works in field
Native speaker of: Native in ItalianItalian, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  TonyTK: "Court costs" is probably more common - but NOT legal fees (they each pay their own in this case). (Asker: simply search for "aufgehoben" in the Glossary - there are mulitple hits for this phrase ...)
17 mins
  -> Vielen Dank!
agree  Dzasmin
49 mins
  -> Vielen Dank!
agree  Maria Knaier (X)
2 hrs
  -> Vielen Dank!
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25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
The parties shall be equally liable for the costs of the proceedings


Explanation:
-

Giovanni Rengifo
Colombia
Local time: 21:02
Specializes in field
Native speaker of: Native in SpanishSpanish
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3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
"Each party shall bear its own costs."


Explanation:
That is my standard rendering in English of the sentence.

Astrid Elke Witte
Germany
Local time: 04:02
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 90
Grading comment
Vielen Dank für die Hilfe. Ich habe jetzt übersetzt:
Each party shall bear their own extra-judicial costs.

Peer comments on this answer (and responses from the answerer)
agree  Birgit Gläser: I think "Verfahrenskosten" includes legal fees and not only court fees (see also second link provided by Kim). As the court cost is split anyway, this covers it nicely witout any unnecessary limitations
1 hr
  -> Thank you, Birgit!
agree  Frank Pepp: I like this anwer. Simple and hard to misundrstand.
7 hrs
  -> Thank you, Frank!
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Each party shall bear the cost of their own respresentation; court costs shall be equally devided.


Explanation:
This term can only be understood as it is used in the German legal system. The meaning is unclear outside of legal precedence and context. The above should do.

A German lawyer or judge with a knowledge of English should understand this as being the full meaning of the phrase.

While an English speaking lawyer or judge should understand that "(This is a trial where)Legal fees shall not be included in court costs; each party shall pay for their own representation and court costs shall be divided equally."

You can't go after legal fees in the settlement!

Hope this helps.

See the concept "prevailing party" if this is unclear.

--------------------------------------------------
Note added at 10 hrs (2009-07-15 02:28:02 GMT)
--------------------------------------------------

Edit: You can go after whatever you want, but it is not standard that one party should bear the others legal costs.

Frank Pepp
Specializes in field
Native speaker of: Native in EnglishEnglish
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Reference comments


2 hrs
Reference: Please check KudoZ glossary first

Reference information:
http://www.proz.com/kudoz/german_to_english/law_patents/1652...

http://www.proz.com/kudoz/german_to_english/law_patents/1568...

http://www.proz.com/kudoz/german_to_english/law_patents/3553...

http://www.proz.com/kudoz/german_to_english/law:_contracts/8...

Kim Metzger
Mexico
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1244

Peer comments on this reference comment (and responses from the reference poster)
neutral  Birgit Gläser: Thanks for the research, but I think the second link is "it" while the bottom two tempt me to post a "disagree"
3 hrs
  -> Go ahead and post a disagree. It might help others using the glossary.
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