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Mäßigungsrecht

English translation: right of mitigation, mitigation right

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Mäßigungsrecht
English translation:right of mitigation, mitigation right
Entered by: AmiHH

11:59 Sep 17, 2002
German to English translations [PRO]
Law/Patents - Law (general) / employment agreement
German term or phrase: Mäßigungsrecht
Verstößt die Dienstnehmerin gegen ihre Pflichten nach § 6, verpflichtet sie sich zur Zahlung einer nicht *dem richterlichen Mäßigungsrecht unterliegeneden** Vertragsstrafe in der Höhe von drei Bruttomonatsgehältern.
AmiHH
Germany
Local time: 23:21
attempt at non-legalese explanation
Explanation:
a penalty which cannot be lowered (or reduced) by a judge (i.e. in court proceedings, by virtue of a court decision)

Note that I downgraded my confidence... pls wait for comments.

HTH
Steffen
Selected response from:

Steffen Walter
Germany
Local time: 23:21
Grading comment
Thanks for your non-legalese explanation! It was helpful. I'll close this now before someone tries to copy the (also correct) answer given in the second query. How coincidental. My job was NOT a test translation.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1attempt at non-legalese explanation
Steffen Walter
4non-adjudicatory
gangels (X)


Discussion entries: 1





  

Answers


26 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
attempt at non-legalese explanation


Explanation:
a penalty which cannot be lowered (or reduced) by a judge (i.e. in court proceedings, by virtue of a court decision)

Note that I downgraded my confidence... pls wait for comments.

HTH
Steffen

Steffen Walter
Germany
Local time: 23:21
Native speaker of: Native in GermanGerman
PRO pts in category: 438
Grading comment
Thanks for your non-legalese explanation! It was helpful. I'll close this now before someone tries to copy the (also correct) answer given in the second query. How coincidental. My job was NOT a test translation.

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: legalese or non-legalese - this is, how I would have expressed it
7 hrs
  -> Danke, Beate, für das letztinstanzliche Plazet ;-)) Grüße ins Kiwiland :-))
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
non-adjudicatory


Explanation:
shall be liable to a non-adjudicatory breach of contract penalty...


she waives her right to challenge the amount of penalty in court





gangels (X)
Local time: 15:21
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 249

Peer comments on this answer (and responses from the answerer)
neutral  Beate Lutzebaeck: The party may waive its right, but "non-adjudicatory" doesn't get the richterliche Mäßigungsrecht across.
4 hrs
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