vollendete Tatsachen schaffen

English translation: create an accomplished fact (fait accompli)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

German term or phrase:	vollendete Tatsachen schaffen
English translation:	create an accomplished fact (fait accompli)
Entered by:	Kathi Stock

20:04 Jun 26, 2004

German to English translations [PRO]
Law/Patents - Law (general)

German term or phrase: vollendete Tatsachen schaffen

Der Erlass einer einstweiligen Anordnung war notwendig um sicherzustellen, dass der Antragsgegner keine vollendeten Tatsachen schafft und um dem Gericht die Möglichkeit zu geben...

Kathi Stock KudoZ activity Questions: 588 (5 open) (3 without valid answers) (1 closed without grading) Answers: 1763 United States
Local time: 20:06

create an accomplished fact

Explanation:
The issuance of a provisional injunction was necessary in order to ensure that the respondent/adverse party did not create an accomplished fact

Selected response from:

Kim Metzger
Mexico
Local time: 19:06

Grading comment

I decided to go with Kim's translation since the translation was not for a judiciary audience.
Thanks for everyone's input!
4 KudoZ points were awarded for this answer

Summary of answers provided

4 +4

create a fait accompli

Margaret Marks

4 +2

create an accomplished fact

Kim Metzger

4 +1

does not (or: does not have the opportunity to) perform an irreversible act

Dr. Fred Thomson

4 +1

Not for points, purely for information

Alarch Gwyn

I don't want the points but

Margaret Marks

Answers

4 mins confidence:

peer agreement (net): +4

create a fait accompli

Explanation:
There must be a better translation than this (from Collins dictionary).
This is not a legal term, but a general one. Should be in a general dictionary.

Margaret Marks
United Kingdom
Local time: 02:06
Native speaker of:

English
PRO pts in category: 272

7 mins confidence:

peer agreement (net): +2

create an accomplished fact

Explanation:
The issuance of a provisional injunction was necessary in order to ensure that the respondent/adverse party did not create an accomplished fact

Langenscheidt Muret-Sanders

Kim Metzger
Mexico
Local time: 19:06
Works in field
Native speaker of:

English
PRO pts in category: 1244

Grading comment

I decided to go with Kim's translation since the translation was not for a judiciary audience.
Thanks for everyone's input!

2 hrs confidence:

peer agreement (net): +1

does not (or: does not have the opportunity to) perform an irreversible act

Explanation:
I agree that the term is usually translated as "fait accompli" or "accomplished fact," but in this context where an inkunction has been issued you might noeed a slightly different translation. The fact is that a court will refuse to issue an injunction unless the petitioner can show that he/she/it will (or is likely to) be irreversibly damaged without the injunction.
Consequently, the language in an order of injunction is much more likely to be as I have suggested.
Support from Black's Law Dictionary.

Dr. Fred Thomson
United States
Local time: 19:06
Specializes in field
Native speaker of: English
PRO pts in category: 608

14 hrs confidence:

peer agreement (net): +1

Not for points, purely for information

Explanation:
In the case Wrotham Park Estate Co. v. Parkside Homes Ltd which was about a mandatory injunction rather than an interim one (as is the case here) the judge did actually use the term "fait accompli".

The case was about whether houses which had been erected in breach of a restrictive covenant should be pulled down. The plaintiffs (as they were called in those days - the word now used is claimants) had not sought interim relief.

"The erection of the houses, whether one likes it or not, is a fait accompli and the houses are now the homes of people. I accept that this particular fait accompli is reversible and could be undone. But I cannot close my eyes to the fact that the houses now exist. It would, in my opinion, be an unpardonable waste of much needed houses to direct that they now be pulled down."

So there would appear to be, at least according to the judge in this case, a difference between a fait accompli and an irreversible act.

--------------------------------------------------
Note added at 2004-06-27 10:52:32 (GMT)
--------------------------------------------------

The term fait accompli was also used in Jaggard v. Sawyer [1995]:

\"Most of the cases in which the injunction has been refused are cases where the plaintiff has sought a mandatory injunction to pull down a building which infringes his right to light or has been built in breach of a restrictive covenant. In such cases the court is faced with a fait accompli. The jurisdiction to grant a mandatory injunction in those circumstances cannot be doubted, but to grant it would subject the defendant to a loss out of all proportion to that which would be suffered by the plaintiff if it were refused, and would indeed deliver him to the plaintiff bound hand and foot to be subjected to any extortionate demands the plaintiff might make......\"

In some cases the defendant may be acting in good faith and not be aware of the claimant\'s rights, but the court went on to say, again using the term \"fait accompli\":

\"At the other extreme, the defendant may have acted with his eyes open and in full knowledge that he was invading the plaintiff\'s rights, and hurried on his work in the hope that by presenting the court with a fait accompli he could compel the plaintiff to accept monetary compensation.\"

(The term plaintiff was still used in 1995). A plaintiff (claimant) who does not seek interim relief in good time is taking a risk because \"by the time the case came on for trial the court would be presented with a fait accompli\". (third use of the term)

Alarch Gwyn
Local time: 03:06
Works in field
Native speaker of:

English
PRO pts in category: 17

1 day 16 hrs confidence:

I don't want the points but

Explanation:
would like to point out that *fait accompli* is used in standard English and has nothing to do with legal English or law French or anything. As I said when I started...

Margaret Marks
United Kingdom
Local time: 02:06
Native speaker of:

English
PRO pts in category: 272

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vollendete Tatsachen schaffen

English translation: create an accomplished fact (fait accompli)

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