fogedforbud uden sikkerhedsstillelse

English translation: injunction without injunction bond

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Danish term or phrase:fogedforbud uden sikkerhedsstillelse
English translation:injunction without injunction bond
Entered by: dmesnier

13:05 Feb 21, 2016
Danish to English translations [PRO]
Law/Patents - Business/Commerce (general) / Employment contract - non-competition clause
Danish term or phrase: fogedforbud uden sikkerhedsstillelse
Hi, I"m trying to verify the English translation for this - it appears in the following sentence in a non-competition clause of an employment contract. Thanks for your help!

Overtrædelse af nærværende konkurrenceklausul kan imødegås ved fogedforbud uden sikkerhedsstillelse, og overtrædelse forpligter til betaling af en konventionalbod på kr. 50.000 for hver gang overtrædelse måtte finde sted.
dmesnier
United States
Local time: 00:40
injunction without injunction bond
Explanation:
(yes, similar to the other answers, but different)

To be clear, I would express it as :injunction without injunction bond:

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Note added at 20 hrs (2016-02-22 09:24:02 GMT)
--------------------------------------------------

By the way, though the text says "injunction" it actually would be a preliminary injunction; plus to be even more accurate, it would most likely be a "order of the court" (but this gets into legal technicalities, beyond the scope of a proz. posting)
Selected response from:

Charlesp
Sweden
Local time: 07:40
Grading comment
Thanks for your help!
4 KudoZ points were awarded for this answer



Summary of answers provided
5injunction without injunction bond
Charlesp
4(AE) injunction without posting bond (E&W) prohibitive injunction>(Scots) interdict>with no security
Adrian MM. (X)
3 +1Injunctive relief without collateral
Peter Smedskjaer-Stenland


  

Answers


22 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Injunctive relief without collateral


Explanation:
This is a pretty tricky answer.
The direct translation is preliminary injunction, but there is a concept of injunction bonds in the U.S..
The concept may not exist in all books, and I am uncertain there is such a thing as an injunction bond in Denmark.
Injunctive relief may be a better catch all here.


    Reference: http://www.ioabonds.com/court-bonds/injunction-bond/
Peter Smedskjaer-Stenland
Faroe Islands
Local time: 06:40
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 3

Peer comments on this answer (and responses from the answerer)
agree  Charlesp: excellent and comprehensive information and background.
19 hrs
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(AE) injunction without posting bond (E&W) prohibitive injunction>(Scots) interdict>with no security


Explanation:
The different target-readerships should be spelled out.

In E&W, an injunction can be restraining a.k.a. prohibitive as well as mandatory (ordering a party to do something).

Bond or security: put up in case the injunction backfires aftare being adjudged to have been wrongly granted.

IATE's website:


LAW [COM] Full entry
DA

fogedforbud

EN

injunction



Example sentence(s):
  • AmE > Despite its common sense nature, the bond requirement is not always ... injunction be granted, the movant be required to post a bond

    Reference: http://www.insidecounsel.com/2013/09/05/litigation-the-bond-...
Adrian MM. (X)
Local time: 07:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Login to enter a peer comment (or grade)

20 hrs   confidence: Answerer confidence 5/5
injunction without injunction bond


Explanation:
(yes, similar to the other answers, but different)

To be clear, I would express it as :injunction without injunction bond:

--------------------------------------------------
Note added at 20 hrs (2016-02-22 09:24:02 GMT)
--------------------------------------------------

By the way, though the text says "injunction" it actually would be a preliminary injunction; plus to be even more accurate, it would most likely be a "order of the court" (but this gets into legal technicalities, beyond the scope of a proz. posting)

Charlesp
Sweden
Local time: 07:40
Specializes in field
Native speaker of: English
PRO pts in category: 20
Grading comment
Thanks for your help!
Login to enter a peer comment (or grade)



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