Our advisory does not only comprise the advising clients on agreements in the German language, but moreover also agreements in the English language governed by German law. The characteristic of these types of agreement is not only of a legal nature but also relates to the particular linguistic understanding.
English as a contract language does not only deviate from the English language used in daily-life or learned in school but its meaning also entails legal consequences, which under certain circumstances do deviate significantly from legal consequences known under German law.
In the event that an agreement or document is written in the legal English language but is governed by German law, i.e. Governing Law Clauses, misunderstandings of what is meant or what is intended by the parties may turn up quickly as a translation of that agreement or document into German would not necessary reflect the parties’ intentions.
Moreover, agreements written in the legal English language refer also to agreements following the systematic of Anglo-American types of agreements, which deviate significantly from the German understanding of agreements with respect to drafting and mechanism and which may also affect/bar the conclusion of or proper execution of an agreement.
We therefore advise our clients in negotiations, conclusion/signing and understanding, respectively, of agreements and other documents in English, which are governed by German law as well as providing translation of those document together with legal expertise and thus help our clients to avoid misunderstandings with respect to legal and linguistic issues.
Editorial Notice: HKS is a full service legal firm with seat in Freiburg, Germany, providing legal advice to national and international clients alike, in particular ex-pats and natural persons but also subsidiaries of U.S. companies doing business in Germany with respect to civil law and public law.
Furthermore, we do represent our clients in front of German courts in all court districts within Germany.
For further information please contact Artur Korn, Rechtsanwalt and partner of HKS.