Jun 26, 2006 10:25
17 yrs ago
Dutch term
op grond van de wet (refers to what?)
Dutch to English
Other
Business/Commerce (general)
Verkoper verbindt zich om geen enkele wijze informatie te verstrekken aan derden omtrent de financiën en werkwijze van de Vennootschap, tenzij hij daartoe gehoudt is op grond van een op hem rustende wettelijke verplichting. In geval van Inbreuk op de in dit artikel omschreven verplichting verbeurt Verkoper aan Koper een direct opeisbare boete van € 90.000 voor iedere Inbreuk zonder dat enige ingebrekestelling of gerechtelijke tussenkomst vereist is, welke boete door Koper naast de schadevergoeding op grond van de wet kan worden gevorderd.
At the end of this paragraph, I am not sure what "op grond van de wet" is referring to - either the "schadevergoeding" or "kan worden gevorderd". I am not sure whether it means that the buyer can claim the penalty in addition to the damages/compensation to which it is entitled by law, or the buyer is entitled by law to claim the penalty in addition to compensation/damages.
I would be very grateful if someone could kindly confirm what is meant here. I think the latter, but would like a second opinion.
At the end of this paragraph, I am not sure what "op grond van de wet" is referring to - either the "schadevergoeding" or "kan worden gevorderd". I am not sure whether it means that the buyer can claim the penalty in addition to the damages/compensation to which it is entitled by law, or the buyer is entitled by law to claim the penalty in addition to compensation/damages.
I would be very grateful if someone could kindly confirm what is meant here. I think the latter, but would like a second opinion.
Proposed translations
(English)
Change log
Jun 26, 2006 15:37: Antoinette Verburg changed "Level" from "Non-PRO" to "PRO"
Votes to reclassify question as PRO/non-PRO:
PRO (2): Arsen Nazarian, Antoinette Verburg
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Proposed translations
+2
52 mins
Harry Borsje
Netherlands
Netherlands
Native in Dutch
Netherlands
Communicate technology with passion
Native in: Dutch 
Works in: German to Dutch, English to Dutch
Related KudoZ points
:
47
Selected
refers to 'schadevergoeding'
IMO (but not a legal expert) it refers to 'schadevergoeding': the fine, as part of the mutual agreement, can be claimed irrespective of the formal conditions that apply for any legal compensation / damages, like proof of causality, etc.
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Note added at 5 hrs (2006-06-26 15:48:04 GMT)
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Hee, Jarry! When you change your peer comment - and to a disagree no less - of course my response to that is no longer correct.
Anyway, of course, 'naast' means that the two are both applicable. However, I think the question referred to how the sentence should be read:
welke boete door Koper - naast de schadevergoeding op grond van de wet - kan worden gevorderd.
or:
welke boete door Koper - naast de schadevergoeding - op grond van de wet kan worden gevorderd.
In the first case I'd say 'op grond van de wet' refers to 'schadevergoeding' and in the second case to 'boete'. My interpretation is that the first case is the correct way to read it: the 'schadevergoeding' is what the buyer is entitled to by law, whereas the 'boete' is something that (irrespective of any law) is contractually agreed upon by the parties.
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Note added at 5 hrs (2006-06-26 15:48:04 GMT)
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Hee, Jarry! When you change your peer comment - and to a disagree no less - of course my response to that is no longer correct.
Anyway, of course, 'naast' means that the two are both applicable. However, I think the question referred to how the sentence should be read:
welke boete door Koper - naast de schadevergoeding op grond van de wet - kan worden gevorderd.
or:
welke boete door Koper - naast de schadevergoeding - op grond van de wet kan worden gevorderd.
In the first case I'd say 'op grond van de wet' refers to 'schadevergoeding' and in the second case to 'boete'. My interpretation is that the first case is the correct way to read it: the 'schadevergoeding' is what the buyer is entitled to by law, whereas the 'boete' is something that (irrespective of any law) is contractually agreed upon by the parties.
4 KudoZ points awarded for this answer.
Comment: "Thank you very much for your help. I was waiting for a response from the client, which I have now managed to get. Harry was correct in stating that "op grond van de wet" refers only to the "schadevergoeding". The contract provides for a penalty in addition to the damages to which the Buyer is entitled to by law."
-1
3 hrs
Arsen Nazarian
Netherlands
Netherlands
Works in field
Netherlands
"Three decades in law and humanities"
Native in: Persian (Farsi) 
, Armenian
Works in: English to Persian (Farsi), English to Armenian, Dutch to Persian (Farsi), and 3 more.
damages claimable by law
IMO "Op grond van de wet" refers to "schadevergoeding", becasue for this you have to file a suit, whereas for the other violation, i.e. passing on information to others, the buyer does not have to go through legal procedures to claim the € 90.000 fine, but can demand payment without resort to law.
Peer comment(s):
| disagree |
jarry (X)
: ... welke boete door Koper NAAST de schadevergoeding op grond van de wet kan worden gevorderd." Naast here means: 'in addtion to'. Could you explain your preference for 'Pursuant to law'/ 'Under the law' please.
23 mins
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Agree with what you say. In that case, "op grond van de wet" should refer to both the fine and other damages. Would go for: Pursuant to law/ Under the law rather than "by operation of law"
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+1
17 mins
by operation of law
...
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Note added at 20 mins (2006-06-26 10:46:18 GMT)
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http://legal-dictionary.thefreedictionary.com/By operation o...
operation of law n. a change or transfer which occurs automatically due to existing laws and not an agreement or court order. Examples: a joint tenant obtains full title to real property when the other joint tenant dies, a spouse in a community property state will take title to all community property if the spouse dies without a will that leaves some of the dead mate's interest in the community property to another, or a guardianship of a minor ad litem (for purposes of a lawsuit) ends automatically upon the child turning 18.
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Note added at 1 hr (2006-06-26 12:10:33 GMT)
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Jurlex suggested translation for "op grond van de wet" is: 'pursuant to / under the law (not Act).
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Note added at 6 hrs (2006-06-26 16:38:51 GMT)
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Definition of 'By operation of law' in Black's Law Dictionary:
(quote) This term expresses the manner in which rights, and sometimes liabilities, devolve upon a person by the mere application to the particular transaction OF THE ESTABLISHED RULES OF LAW, WITHOUT THE ACT OR CO-OPERATION OF THE PARTY HIMSELF. (unquote)
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Note added at 6 hrs (2006-06-26 16:43:17 GMT)
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Law: the enforceable BODY OF RULES that govern any society.
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Note added at 20 mins (2006-06-26 10:46:18 GMT)
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http://legal-dictionary.thefreedictionary.com/By operation o...
operation of law n. a change or transfer which occurs automatically due to existing laws and not an agreement or court order. Examples: a joint tenant obtains full title to real property when the other joint tenant dies, a spouse in a community property state will take title to all community property if the spouse dies without a will that leaves some of the dead mate's interest in the community property to another, or a guardianship of a minor ad litem (for purposes of a lawsuit) ends automatically upon the child turning 18.
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Note added at 1 hr (2006-06-26 12:10:33 GMT)
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Jurlex suggested translation for "op grond van de wet" is: 'pursuant to / under the law (not Act).
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Note added at 6 hrs (2006-06-26 16:38:51 GMT)
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Definition of 'By operation of law' in Black's Law Dictionary:
(quote) This term expresses the manner in which rights, and sometimes liabilities, devolve upon a person by the mere application to the particular transaction OF THE ESTABLISHED RULES OF LAW, WITHOUT THE ACT OR CO-OPERATION OF THE PARTY HIMSELF. (unquote)
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Note added at 6 hrs (2006-06-26 16:43:17 GMT)
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Law: the enforceable BODY OF RULES that govern any society.
Peer comment(s):
| neutral |
Arsen Nazarian
: the question is: to which one does "op grond van de wet" refer, to the "direct opeisbare boete" or "de schadevergoeding"?
3 hrs
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The answer is in the text: ... welke boete door Koper naast de schadevergoeding op grond van de wet kan worden gevorderd." Naast here means: 'in addtion to'
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| agree |
Dave Calderhead
: and with 'in addition to' the claim for damages // I just got back from 3 weeks in South of France, hence my temporary silence.
7 hrs
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Thanks for coming to the rescue Dave. I was beginning to think that most native speakers had decided to boycott this site.
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| neutral |
vic voskuil
: it all depends on whether the 90000 fine from this contract IS actually legal....still, the way it is worded it gives the undeniable impression both are perfectly legal
13 hrs
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I don't get it Vic
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22 hrs
in accordance with applicable law (refers in the first instance to 'boete')
Though cleverly "[,]naast de schadevergoeding[,]" is included as a reminder that this is also enforcable under applicable law. The reason for your initial confusion perhaps. Commas would have helped the sense ("...door Koper, naast de schadevergoeding, ...").
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