concludent = implied (a false friend of "conclusive"?)

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csicska

Senior Member
hungarian
Hello. Could you please tell me if "concludent" ever meant "implied" in English? I came across the word in the text below but I think it's an incorrect translation. "Concludent" seems to mean "conclusive" in English which could be more or less the opposite of "implied" in certain contexts. I was then thinking that since authors seem to be speakers of German where "konkludent" means "implied" they just translated it incorrectly. Thank you.


For the Austrian concept of a civil law state: “concludent (implied) authority presupposes that under the circumstances, either the third party or the agent could trust and also trusted that the principal wanted to express his agreement to the business deal”. - GoogleBooks - Dependent Agents as Permanent Establishments - Michael Lang, ‎Josef Schuch, ‎Claud Staringer
 
  • lingobingo

    Senior Member
    English - England
    The word "concludent" in English (closing/concluding or conclusive/decisive/convincing) seems to have become obsolete about 300 years ago.

    That rather odd passage occurs in a footnote, which clearly states "(author's translation)". If we had the original it would be easier to comment, but no doubt that would swiftly be deleted by a moderator.
     

    Packard

    Senior Member
    USA, English
    The word "concludent" in English (closing/concluding or conclusive/decisive/convincing) seems to have become obsolete about 300 years ago.

    That rather odd passage occurs in a footnote, which clearly states "(author's translation)". If we had the original it would be easier to comment, but no doubt that would swiftly be deleted by a moderator.
    The copyright is 2014. It is an international publication; some sort of reference guide. Printed (it appears) in Germany.

    Dependent Agents as Permanent Establishments

    A Google Books reference; no quoting is possible.
     

    PaulQ

    Senior Member
    UK
    English - England
    The footnote discusses the legal concept of “implied authority”
    Implied authority is a legal concept known under both common law and civil law, meaning that the enterprise knows that the agent acts in its name and indeed wants this.
    […]
    For the Austrian concept of a civil law state: “concludent (implied) authority presupposes that under the circumstances, either the third party or the agent could trust and also trusted that the principal wanted to express his agreement to the business deal”. (author’s translation);
    Please note "(author’s translation)" -> the author is an author, not a translator... ;)
    Concludant is too close to the German and is an obsolete English word. It has the meaning “that which can/should be concluded - a concept that is close to "implied".
     
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