Glossary entry (derived from question below)
German term or phrase:
ist X so zu stellen als bestünde der gewährleistete Sachverhalt
English translation:
X is to be put in such a position as if the warranted state of affairs obtained (prevailed)
German term
Germany
Translator of English/German/Polish, PhD
Native in: Polish
Works in: English to Polish, German to Polish, Polish to English, and 3 more.
ist X so zu stellen als bestünde der gewährleistete Sachverhalt
Der Satz steht leider ohne Kontext, aber in einer Klausel über Gewährleistung.
| 2 +2 | X is to be put in such a position as if the warranted state of affairs obtained (existed) |
Adrian MM.
|
Mar 20, 2022 13:47: Adrian MM. Created KOG entry
Mar 22, 2022 12:08: Cilian O'Tuama changed "Level" from "Non-PRO" to "PRO"
PRO (3): philgoddard, Steffen Walter, Cilian O'Tuama
When entering new questions, KudoZ askers are given an opportunity* to classify the difficulty of their questions as 'easy' or 'pro'. If you feel a question marked 'easy' should actually be marked 'pro', and if you have earned more than 20 KudoZ points, you can click the "Vote PRO" button to recommend that change.
How to tell the difference between "easy" and "pro" questions:
An easy question is one that any bilingual person would be able to answer correctly. (Or in the case of monolingual questions, an easy question is one that any native speaker of the language would be able to answer correctly.)
A pro question is anything else... in other words, any question that requires knowledge or skills that are specialized (even slightly).
Another way to think of the difficulty levels is this: an easy question is one that deals with everyday conversation. A pro question is anything else.
When deciding between easy and pro, err on the side of pro. Most questions will be pro.
* Note: non-member askers are not given the option of entering 'pro' questions; the only way for their questions to be classified as 'pro' is for a ProZ.com member or members to re-classify it.
Proposed translations
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
X is to be put in such a position as if the warranted state of affairs obtained (existed)
New poster often means 1. check the ProZ DEU/ENG glossaries first and 2. watch the 10-word ProZ asking limit. This question is right on the 'cusp'.
Note Margaret M's comment on the asnwer chosen in the second weblink, except X is the subject (modern lingusitics: the 'rheme'), rather than the object ('the theme'): 'X should place them in the same position as if ... is a common way of putting it...'.
Restitution in kind used to fall, in Anglo-Aussie contract law, into the category of 'quasi-contract' at the 'intersection' with tort. Cut to my Aussie-born ex-London Uni. lecturer in Equity & Trusts: William 'Bill' Swadling and the late Professor Peter Birks of Oxon.
--------------------------------------------------
Note added at 2 hrs (2022-03-15 14:52:38 GMT)
--------------------------------------------------
Second web ref. again: https://www.proz.com/kudoz/german-to-english/law-contracts/6...
--------------------------------------------------
Note added at 5 days (2022-03-20 13:44:00 GMT) Post-grading
--------------------------------------------------
Obtain can be used as an intransitive verb, not only legalistically, to mean prevail: see the OED. 1 : to be generally recognized or established : prevail Those ideas no longer obtain for our generation. a greater degree of free expression than usually obtains in film production— Roger Manvell. 2 archaic : succeed.
Definition of RESTITUTION IN KIND: The situation where an offender is made to make good any losses by the return of the same or new goods to the victim.
| agree |
philgoddard
: "Will be", rather than "is to be". And Jacek: I know the explanation is confusing, but the translation is correct.
25 mins
|
|
Thanks, Phil. Perchance unconfusing for those who have studied linguistics + the law to know that 'will be' isn't used in this context, rather (is) to be put https://www.financial-ombudsman.org.uk/businesses/resolving-...
|
|
| agree |
Cillie Swart
: seems plausible
1 hr
|
|
Thanks, danke and dank je wel, Cillie !
|
Discussion
I think we have to consider "bzw. das gewährleistete Rechtsverhältnis" as well.