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Rechtsöffnung

English translation: judicial vitiation of a defense against the execution of a judgment

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Rechtsöffnung
English translation:judicial vitiation of a defense against the execution of a judgment
Entered by: Dr. Fred Thomson
Options:
- Contribute to this entry
- Include in personal glossary

18:51 Jul 30, 2004
German to English translations [PRO]
Law/Patents - Law (general) / Swiss law
German term or phrase: Rechtsöffnung
I found this in the KudoZ glossary, but the answer was in German (which I already knew. Duden "Wie sagt man in der Schweiz" also contains Rechtsvorschlag explained in German. I understand the terms (more or less), but I need U.S. English equivalents. Can anyone help? These two terms are in the "betreffend" line of an appeal to the Swiss Federal Court.
Ann C Sherwin
Local time: 13:41
Let me give it a try
Explanation:
Rechtsoeffnung means the richterliche Beseitigung des Rechtsvorschlags.
rechtliche Beseitigung means judicial setting aside or judicial vitiation
Rechtsvorschlag means Rechtseinwendung gegen Zwangsvollstreckung
Rechsteinwendung means legal defense
Zwangsvollsreckung means execution (or: enforcement) of judgment
So, we have the following:
judicial vitiation of a defense against the execution of a judgment
To me, this means that a judge - for whatever reason - vitiates (or cancels out or declares inappropriate) the use of a defense against the execution of judgment.
When a court issues a judgment, it expects the losing party to do what the judgment calls for that party to do (pay a sum of money, for instance). If the party doesn't do so, the party whom the judgment favored may now execute against the losing party, i.e., he/she gets the sheriff to impound or confiscate assets in sufficient amount as to cover the full judgment. These assets are then sold at a sheriff's auction and (after the sheriff's costs are subtracted) the proceeds in the amount of the judgment are given to the prevailing party. The remainder goes back to the losing party.
If the above translation fits your context, you are in good shape. If not, perhaps you can adjust to fit.
Also, there may be some standard defenses to such execution of judgment. If the losing party raises such a defense before the execution takes place, the court may prohibit the execution or vitiate the defense.
Good luck.

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Note added at 4 hrs 43 mins (2004-07-30 23:35:25 GMT)
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Conceivably, what could be meant here is that the judge vitiates a defense against the judgment being carried out, not meaning specifically the \"execution of judgment\" I talked about above, but meaning simply that the losing party argued on appeal that the judgment should be set aside and not carried out, and the court of appeal ruled that the defense(s) raised by the Appellant were no good and should be vitiated.
Selected response from:

Dr. Fred Thomson
United States
Local time: 11:41
Grading comment
Thank you for your thorough explanation. I'll leave it to you to make a concise glossary enrty.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5replevin / withdrawal
optovision
4setting aside the debtor's objectionMargaret Marks
3summary disposalxxxKirstyMacC
3Let me give it a try
Dr. Fred Thomson
2summary court proceedingsAMuller
Summary of reference entries provided
Swiss Legal German-English Dictionary
Sascha Stocker

  

Answers


2 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
Rechtsöffnung
summary court proceedings


Explanation:
I found this on a website, but don't really like because it reminds me of the English summary judgment (which can be applied for when there was no response to the summons, as far as I remember. But maybe it's ok in US English? Or maybe you could say 'short procedure' or simplified procedure/proceedings?
On another site I found 'court decree lifting opposition', which IMO is more of an explanation than a translation.


    Reference: http://www.amcham.ch/switzerland/m_money_claim.htm
    Reference: http://www.vonerlach.ch/articles/litigat.htm
AMuller
Local time: 18:41
PRO pts in category: 8
Grading comment
thank you
Login to enter a peer comment (or grade)
The asker has declined this answer
Comment: thank you

2 hrs   confidence: Answerer confidence 5/5
Rechtsöffnung
replevin / withdrawal


Explanation:
Cassel's New French-English Dictiona

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Note added at 2 hrs 33 mins (2004-07-30 21:25:18 GMT)
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http://www.investorsedge.com/dictionary/Replevin.html
A court Action to recover Possession of Collateral

--------------------------------------------------
Note added at 2 hrs 37 mins (2004-07-30 21:29:29 GMT)
--------------------------------------------------

Rechtsvorschlag -> French opposition -> put in opposition to

same ref. as before

optovision
Germany
Local time: 19:41
Native speaker of: German
Grading comment
I considered replevin, but Black's definition didn't seem to apply to this case, and withdrawal seemed too vague. But I thank you for your input.
Login to enter a peer comment (or grade)
The asker has declined this answer
Comment: I considered replevin, but Black's definition didn't seem to apply to this case, and withdrawal seemed too vague. But I thank you for your input.

4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Let me give it a try


Explanation:
Rechtsoeffnung means the richterliche Beseitigung des Rechtsvorschlags.
rechtliche Beseitigung means judicial setting aside or judicial vitiation
Rechtsvorschlag means Rechtseinwendung gegen Zwangsvollstreckung
Rechsteinwendung means legal defense
Zwangsvollsreckung means execution (or: enforcement) of judgment
So, we have the following:
judicial vitiation of a defense against the execution of a judgment
To me, this means that a judge - for whatever reason - vitiates (or cancels out or declares inappropriate) the use of a defense against the execution of judgment.
When a court issues a judgment, it expects the losing party to do what the judgment calls for that party to do (pay a sum of money, for instance). If the party doesn't do so, the party whom the judgment favored may now execute against the losing party, i.e., he/she gets the sheriff to impound or confiscate assets in sufficient amount as to cover the full judgment. These assets are then sold at a sheriff's auction and (after the sheriff's costs are subtracted) the proceeds in the amount of the judgment are given to the prevailing party. The remainder goes back to the losing party.
If the above translation fits your context, you are in good shape. If not, perhaps you can adjust to fit.
Also, there may be some standard defenses to such execution of judgment. If the losing party raises such a defense before the execution takes place, the court may prohibit the execution or vitiate the defense.
Good luck.

--------------------------------------------------
Note added at 4 hrs 43 mins (2004-07-30 23:35:25 GMT)
--------------------------------------------------

Conceivably, what could be meant here is that the judge vitiates a defense against the judgment being carried out, not meaning specifically the \"execution of judgment\" I talked about above, but meaning simply that the losing party argued on appeal that the judgment should be set aside and not carried out, and the court of appeal ruled that the defense(s) raised by the Appellant were no good and should be vitiated.

Dr. Fred Thomson
United States
Local time: 11:41
Specializes in field
Native speaker of: English
PRO pts in category: 608
Grading comment
Thank you for your thorough explanation. I'll leave it to you to make a concise glossary enrty.
Login to enter a peer comment (or grade)

12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
setting aside the debtor's objection


Explanation:
Just another idea. Doucet-Fleck DE>FR gives main-levée, and Bridge FR>EN gives 'setting aside the debtor's objection'. Whether you want to use the word 'debtor' is another matter. I would substitute 'defendant' or whatever.

Margaret Marks
United Kingdom
Local time: 18:41
Native speaker of: Native in EnglishEnglish
PRO pts in category: 256
Grading comment
thank you - this would work in a paragraph context but not as a heading
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The asker has declined this answer
Comment: thank you - this would work in a paragraph context but not as a heading

13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
summary disposal


Explanation:
Also see ProZ 56747: Rechtsöffnungsentscheid where the asker declined the answer taken from the Swiss Kleiner Merkur -> provisorische/ definitive RÖ = judgment debt nisi/ absolute..

In Eng. can follow a 'Stay for Settlement'- approx. Rechtsvorschlag stage.

'and. (b), a 'disposal hearing' means a hearing in accordance with paragraph
12.4. (2 ... include ---. (a), listing the claim for a disposal hearing;. (b ...'



    Reference: http://www.hrothgar.co.uk/YAWS/practice/pdp-26.htm
xxxKirstyMacC
Local time: 18:41
Native speaker of: Native in EnglishEnglish
PRO pts in category: 188
Grading comment
thank you
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The asker has declined this answer
Comment: thank you




Reference comments


1943 days
Reference: Swiss Legal German-English Dictionary

Reference information:
I've found a translation of Rechtsöffnung on SLED:
(judicial) dismissal of objection


    Reference: http://www.swisslegalenglish.com/dictionary
    Reference: http://www.swisslegalenglish.com/new-words-and--news/todaysn...
Sascha Stocker
Switzerland
Specializes in field
Native speaker of: Native in GermanGerman
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