strafbewehrt

English translation: subject to a penalty clause

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:strafbewehrt
English translation:subject to a penalty clause
Entered by: Kim Metzger

22:41 May 15, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: strafbewehrt
I've translated Unterlassungserklärung as declaration of forbearance, but can't find strafbewehrt anywhere. UDRP is the uniform domain name dispute resolution policy. Help appreciated.

"...fordern wir Sie auf die Domain auf die XXX group zu übertragen und eine strafbewehrte Unterlassungserklärung bzgl. weiterer Verletzungshandlungen gegen die UDRP abzugeben.
Kim Metzger
Mexico
Local time: 11:28
declaration of discontinuance with a penalty clause
Explanation:
This is the translation Romain offers for strafbewehrte Unterlassungserklärung; the background of strafbewehrt is that you commit an offence if you violate your own declaration of discontinuance (or declaration to cease and desist - this might be the term used in AE).

--------------------------------------------------
Note added at 2002-05-15 23:02:21 (GMT)
--------------------------------------------------

I have to correct myself - the violation of your own declaration of discontinuance would not be an offence (which is exclusively a criminal concept), but would be subject to a penalty - this is what strafbewehrt means in this context.

\"... as stated in a notice of continuance to be issued under the Corporations Law and a notice of discontinuance stated in a *declaration of discontinuance* to be ...\"
www.emperor.com.au/news/news24feb99.html

\"To have received a signed *cease and desist declaration* from the owner of the site sends a strong message to other pirates that they are not out of the law\'s ...\"
www.bsa.org/uk/press/newsreleases/2001-10-17.863.phtml

More examples for the practical usage of both phraseologies => Google
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 05:28
Grading comment
Thank you very much Darien, for your assistance and the extensive legal background and links. I have Romain too, but only thought to look under strafbewehrt instead of Unterlassungserklärung. And Norbert, please accept my apologies for squashing my previous question before you had a chance to be heard. Shortly after posting the question I found the answer myself by reading the rest of the document - I've got to get more sleep.
4 KudoZ points were awarded for this answer



Summary of answers provided
4declaration of discontinuance with a penalty clause
Beate Lutzebaeck
3under penalty
NGK


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
declaration of discontinuance with a penalty clause


Explanation:
This is the translation Romain offers for strafbewehrte Unterlassungserklärung; the background of strafbewehrt is that you commit an offence if you violate your own declaration of discontinuance (or declaration to cease and desist - this might be the term used in AE).

--------------------------------------------------
Note added at 2002-05-15 23:02:21 (GMT)
--------------------------------------------------

I have to correct myself - the violation of your own declaration of discontinuance would not be an offence (which is exclusively a criminal concept), but would be subject to a penalty - this is what strafbewehrt means in this context.

\"... as stated in a notice of continuance to be issued under the Corporations Law and a notice of discontinuance stated in a *declaration of discontinuance* to be ...\"
www.emperor.com.au/news/news24feb99.html

\"To have received a signed *cease and desist declaration* from the owner of the site sends a strong message to other pirates that they are not out of the law\'s ...\"
www.bsa.org/uk/press/newsreleases/2001-10-17.863.phtml

More examples for the practical usage of both phraseologies => Google


    Given above
Beate Lutzebaeck
New Zealand
Local time: 05:28
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
Thank you very much Darien, for your assistance and the extensive legal background and links. I have Romain too, but only thought to look under strafbewehrt instead of Unterlassungserklärung. And Norbert, please accept my apologies for squashing my previous question before you had a chance to be heard. Shortly after posting the question I found the answer myself by reading the rest of the document - I've got to get more sleep.
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13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
under penalty


Explanation:
[use to modify verb rather than noun]

NGK
United States
Local time: 12:28
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 2954
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