Feb 25, 2004 04:26
20 yrs ago
German term

sentence

German to English Law/Patents Law: Contract(s) Swiss banks
This is my last question from the statement of claim ( Swiss)where the bank had advised a customer that his securities account did not have sufficient funds and, not getting any action or reply from him, proceeded to sell his shares. The customer now claims he never received any notification from the bank because it was never served to him in person but held for him "banklagernd "

I would appreciate some help with the wording of this sentence:
" Die Beklagte( the bank) hat sich jedoch geweigert, den rechtswidrig herbeigeführten Zustand im Wertpapierdepot des Klägers wieder zu korrigieren. Sie stellte sich offensichtlich auf den Standpunkt, dass die banklagernde Androhung der Vernichtung des Wertpapierdepots allen ihren Pflichten genügt habe."

Many thanks also for your help with my previous question- great suggestions so far!

I understand the gist of it, but everything I have written so far sounds really off - and yet I can't seem to find the right words here.

Proposed translations

+2
16 mins
Selected

see suggested translation

However, the defendant refused to rectify the unlawfully effected status of the plaintiff's securities custody account. Evidently, the defendant was of the opinion that a written warning of the impending elimination of the securities custody account, deposited as the customer's banking mail at the bank counter, would suffice to fulfill all its obligations.
Peer comment(s):

agree Margaret Marks : But I would say 'correct' not 'rectify', because of the specific meaning of rectification in equity.
6 hrs
agree gangels (X) : with Margaret and 'dissolution' instead of 'elimination'..
10 hrs
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4 KudoZ points awarded for this answer. Comment: "Vielen Dank, many thanks for the speedy help and the intelligent comments. What a great lifeline Proz.com is..."
1 hr

Translation below

Although I missed what came before, I offer the following by way of assistance:

For a second time the accused failed to correct the situation that had been unlawfully created in the plaintiff's account, and apparently assumed that a legally non-binding threat of elimination of the plaintiff's account satisfied its entire responsibility in the matter.
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6 hrs

held for collection

But the Bank, having brought about this unlawful situation with regard to the plaintiff’s securities account, refused to rectify it. It evidently took the view that writing to the client threatening to close the account was sufficient to discharge its responsibilities – even though the letter was not actually sent, but merely held by the bank for collection.

If the Bank wasn’t actually responsible for the unlawful situation, the first sentence should read:

But the Bank refused to rectify the unlawful situation that had arisen with regard to the plaintiff’s securities account.
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