Glossary entry (derived from question below)
German term or phrase:
wegen Feststellung
English translation:
with respect to a declaratory decision
Added to glossary by
Kim Metzger
Feb 23, 2009 17:56
15 yrs ago
26 viewers *
German term
wegen Feststellung
German to English
Law/Patents
Law (general)
Labour Court
"In Sachen
X [name and address of] -Kläger-
gegen
Y [name and address of] -Beklagter-
wegen Feststellung
zeigen wir an, dass wir den Kläger anwaltlich vertreten."
From a firm of German lawyers representing someone who says that his/her employment contract has been terminated against the provisions of the actual contract.
The rest of the document provides evidence to prove why the termination is in breach of contract.
How do I fit in "wegen Feststellung" into the the above sentence. Is there a standard English phrase here?
X [name and address of] -Kläger-
gegen
Y [name and address of] -Beklagter-
wegen Feststellung
zeigen wir an, dass wir den Kläger anwaltlich vertreten."
From a firm of German lawyers representing someone who says that his/her employment contract has been terminated against the provisions of the actual contract.
The rest of the document provides evidence to prove why the termination is in breach of contract.
How do I fit in "wegen Feststellung" into the the above sentence. Is there a standard English phrase here?
Proposed translations
(English)
Change log
Feb 23, 2009 19:00: Johanna Timm, PhD changed "Term asked" from "wegen Festellung" to "wegen Feststellung"
Mar 9, 2009 04:08: Kim Metzger Created KOG entry
Proposed translations
+5
2 hrs
Selected
with respect to a declaratory decision
A Feststellungsbescheid is a declaratory decision (Dietl/Lorenz). A Feststellungsklage is declaratory action/proceedings. Feststellungsurteil is declaratory judgement. (judgement on the rights and duties of the parties without apportioning blame. – Hueber Taschenwörterbuch Recht
Creifelds Rechtswörterbuch - Feststellungsklage ist im Zivilprozess (auch in der Arbeitsgerichtsbarkeit) eine Klage oder Widerklage, mit der der Kläger erstrebt, dass das Bestehen oder Nichtbestehen eines Rechts festgestellt wird.
"Individuals may seek a declaratory judgment after a legal controversy has arisen but before any damages have occurred or any laws have been violated. A declaratory judgment differs from other judicial rulings in that it does not require that any action be taken. Instead, the judge, after analyzing the controversy, simply issues an opinion declaring the rights of each of the parties involved.
A declaratory judgment, sometimes called declaratory relief, is conclusive and legally binding as to the present and future rights of the parties involved. The parties involved in a declaratory judgment may not later seek another court resolution of the same legal issue unless they appeal the judgment.
Declaratory judgments are often sought in situations involving contracts, deeds, leases, and wills. An insurance company, for example, might seek a declaratory judgment as to whether a policy applies to a certain person or event. Declaratory judgments also commonly involve individuals or parties who seek to determine their rights under specific regulatory or criminal laws.
http://legal-dictionary.thefreedictionary.com/Declaratory Ju...
Creifelds Rechtswörterbuch - Feststellungsklage ist im Zivilprozess (auch in der Arbeitsgerichtsbarkeit) eine Klage oder Widerklage, mit der der Kläger erstrebt, dass das Bestehen oder Nichtbestehen eines Rechts festgestellt wird.
"Individuals may seek a declaratory judgment after a legal controversy has arisen but before any damages have occurred or any laws have been violated. A declaratory judgment differs from other judicial rulings in that it does not require that any action be taken. Instead, the judge, after analyzing the controversy, simply issues an opinion declaring the rights of each of the parties involved.
A declaratory judgment, sometimes called declaratory relief, is conclusive and legally binding as to the present and future rights of the parties involved. The parties involved in a declaratory judgment may not later seek another court resolution of the same legal issue unless they appeal the judgment.
Declaratory judgments are often sought in situations involving contracts, deeds, leases, and wills. An insurance company, for example, might seek a declaratory judgment as to whether a policy applies to a certain person or event. Declaratory judgments also commonly involve individuals or parties who seek to determine their rights under specific regulatory or criminal laws.
http://legal-dictionary.thefreedictionary.com/Declaratory Ju...
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
+1
17 mins
German term (edited):
wegen Festellung
findings of facts
is the legal term for Feststellung
Peer comment(s):
agree |
Peter Manda (X)
: or, by way of discovery; depends on the jurisdiction in which "feststellung" is used
11 hrs
|
neutral |
Derek Gill Franßen
: It is actually not really a "finding of facts," but rather--usually--a declaration on the legal relationship between the parties, i.e., a "finding of law," if you so will: "[...]an opinion declaring the rights of [the parties]" (cf. Kim's explanation).
17 hrs
|
+2
24 mins
German term (edited):
wegen Festellung
Assessment / of facts
Possibility
Peer comment(s):
agree |
KARIN ISBELL
1 hr
|
agree |
Ingeborg Gowans (X)
3 hrs
|
neutral |
Derek Gill Franßen
: In my opinion, that is what the courts do in all types of--first tier--proceedings, i.e., they assess the facts and apply the law to those facts. This pertains to a particular type of court proceeding.
17 hrs
|
1 hr
as set forth in our letter of office
In the matter of
X (plaintiff) vs.
Y (defendant)
...we act in the capacity of plaintiff's counsel as set forth in our [accompanying] letter of office.
That's how it's said in the US, nothing about fact-finding or assessing
But of course, the literal translation is OK, just doesn't conform to customary diction.
X (plaintiff) vs.
Y (defendant)
...we act in the capacity of plaintiff's counsel as set forth in our [accompanying] letter of office.
That's how it's said in the US, nothing about fact-finding or assessing
But of course, the literal translation is OK, just doesn't conform to customary diction.
Peer comment(s):
neutral |
Kim Metzger
: How do you get to "as set forth" from "wegen Feststellung"? As far as what would be said in the US, the simple present - we act - sounds more like the English grammar of a German.
1 hr
|
22 hrs
In connection with an assertion (or declaration)
Declaration is quite a good term, but since the document is talking about proving a breach of contract, the lawyers rather tend to ASSERT (hence - assertion) their claims.
Unlike Kim Metzger, I do not think this is a "Feststellungsklage", or it would read so at the beginning of the document - it is mandatory to specify the exact process required in the case as a title, which is built of "wegen (in conncetion with)" and the type (Beschlagnahme/Förderung....). This means, that if the issue was "Feststellungsklage" it would have used the full term.
Unlike Kim Metzger, I do not think this is a "Feststellungsklage", or it would read so at the beginning of the document - it is mandatory to specify the exact process required in the case as a title, which is built of "wegen (in conncetion with)" and the type (Beschlagnahme/Förderung....). This means, that if the issue was "Feststellungsklage" it would have used the full term.
-1
2 days 1 hr
due to finding out, as found out
feststellen=fiind out
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