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|German to English translations [PRO]|
Law/Patents - Law (general) / Labour Court
|German term or phrase: wegen Feststellung|
X [name and address of] -Kläger-
Y [name and address of] -Beklagter-
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?
|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.
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