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wegen Feststellung

English translation: with respect to a declaratory decision

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:wegen Feststellung
English translation:with respect to a declaratory decision
Entered by: Kim Metzger
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17:56 Feb 23, 2009
German to English translations [PRO]
Law/Patents - Law (general) / Labour Court
German term or phrase: wegen Feststellung
"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?
Stephen Gobin
United Kingdom
Local time: 02:11
with respect to a declaratory decision
Explanation:
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...
Selected response from:

Kim Metzger
Mexico
Local time: 20:11
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +5with respect to a declaratory decision
Kim Metzger
3 +2Assessment / of facts
Nastassja K
4In connection with an assertion (or declaration)
Yael Ramon
3 +1findings of factsEllen Kraus
4 -1due to finding out, as found outxxxKRAT
3as set forth in our letter of officegangels


  

Answers


17 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
wegen Festellung
findings of facts


Explanation:
is the legal term for Feststellung

Ellen Kraus
Austria
Local time: 03:11
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 312

Peer comments on this answer (and responses from the answerer)
agree  xxxPeter Manda: 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
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24 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
wegen Festellung
Assessment / of facts


Explanation:
Possibility

Nastassja K
United States
Local time: 18:11
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  KARIN ISBELL
1 hr

agree  Ingeborg Gowans
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
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
as set forth in our letter of office


Explanation:
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.

gangels
Local time: 19:11
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 229

Peer comments on this answer (and responses from the answerer)
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
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
with respect to a declaratory decision


Explanation:
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...


Kim Metzger
Mexico
Local time: 20:11
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1204
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Johanna Timm, PhD: I had already started collecting evidence :-) such as:http://shortify.com/8564 http://shortify.com/8563 http://shortify.com/8562
2 hrs
  -> Good work, Watson. And here: http://tinyurl.com/cesdm3

agree  xxxPeter Manda: seeking a declaratory judgment; or seeking a declaration
8 hrs

agree  Bettina Rittsteuer: Ja, es handelt sich eindeutig um eine Feststellungsklage.
11 hrs

agree  Derek Gill Franßen: ...with Peter, but "seeking declaratory judgment" or, perhaps, "in declaratory proceedings." =D
14 hrs

agree  Paul Skidmore: with Derek
15 hrs
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22 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
In connection with an assertion (or declaration)


Explanation:
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.

Yael Ramon
Israel
Local time: 03:11
Specializes in field
Native speaker of: Native in HebrewHebrew, Native in EnglishEnglish
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2 days1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
due to finding out, as found out


Explanation:
feststellen=fiind out

xxxKRAT
Local time: 04:11
Specializes in field
Native speaker of: Creek

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: Doesn't make sense for a court document.
11 days
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Changes made by editors
Mar 9, 2009 - Changes made by Kim Metzger:
Created KOG entryKudoZ term » KOG term
Feb 23, 2009 - Changes made by Johanna Timm, PhD:
Term askedwegen Festellung » wegen Feststellung


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