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dwangsom

English translation: penalty

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14:45 Dec 9, 2003
Dutch to English translations [Non-PRO]
Law/Patents
Dutch term or phrase: dwangsom
penalty for failure to execute
nadia
English translation:penalty
Explanation:
A dwangsom is a 'penalty', 'penalty payment' or a 'fine'. Take your pick. It is usually imposed for "non-performance", which I think is what you meant by "failure to execute"...

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Note added at 5 hrs 51 mins (2003-12-09 20:37:09 GMT)
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Note to Anjo: afaik, the concept of \'dwangsom\' is not really a very well-known one outside continental Europe. It is also a quite complex area. The use of a \'dwangsom\' relies on the imposition of penalties to bring about performance. However, it is not the imposition of a fine that encourages performance, but the *threat* of imposition a fine. A fine or penalty is, by definition, a punishment for non-performance and so it seems in somes senses contradictory to suggest that punishment encourages performance. At the same time, this principle seemingly forms the basis of the penal system in the entire western world. Anyway, I digress... with the closening of ties between continental Europe and their offshore brethren, the concept of the the \'dwangsom\' has gradually found its way into the Anglo-Saxon legal consciousness through the French term \'astreinte\', a term that can be found in many English documents dealing with Roman or EU law.
Selected response from:

Chris Hopley
Netherlands
Local time: 17:29
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +10penalty
Chris Hopley
3 +5Penalty
Ariser


Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
Penalty


Explanation:
You said it yourself.
Dwangsom is "penalty", penaliteit om uitvoering van iets te verplichten.

Fine, penalty, penalty payment


    Reference: http://europa.eu.int/eurodicautom/Controller
Ariser
Native speaker of: Native in DutchDutch, Native in EnglishEnglish
PRO pts in pair: 158

Peer comments on this answer (and responses from the answerer)
agree  Maria Danielson
1 min
  -> thx

agree  AllisonK
1 hr
  -> thx

agree  xxxjarry: One minute later than Chris unfortunately!
1 hr
  -> thx

agree  Anjo Sterringa: penaliteit? :) dwangsom is niet bedoeld als punitieve sanctie, althans zie http://www.handhavingsbeleid.nl/over_handhaving/dwangsom/jur...
1 hr
  -> Het is punitief in geval van niet-naleving, het vermijden van de penaliteit vormt de dwang.

agree  writeaway
4 hrs
Login to enter a peer comment (or grade)

4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +10
penalty


Explanation:
A dwangsom is a 'penalty', 'penalty payment' or a 'fine'. Take your pick. It is usually imposed for "non-performance", which I think is what you meant by "failure to execute"...

--------------------------------------------------
Note added at 5 hrs 51 mins (2003-12-09 20:37:09 GMT)
--------------------------------------------------

Note to Anjo: afaik, the concept of \'dwangsom\' is not really a very well-known one outside continental Europe. It is also a quite complex area. The use of a \'dwangsom\' relies on the imposition of penalties to bring about performance. However, it is not the imposition of a fine that encourages performance, but the *threat* of imposition a fine. A fine or penalty is, by definition, a punishment for non-performance and so it seems in somes senses contradictory to suggest that punishment encourages performance. At the same time, this principle seemingly forms the basis of the penal system in the entire western world. Anyway, I digress... with the closening of ties between continental Europe and their offshore brethren, the concept of the the \'dwangsom\' has gradually found its way into the Anglo-Saxon legal consciousness through the French term \'astreinte\', a term that can be found in many English documents dealing with Roman or EU law.


    Van den End, Juridisch Lexicon
Chris Hopley
Netherlands
Local time: 17:29
Native speaker of: English
PRO pts in pair: 2117
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Maria Danielson
2 mins

agree  Ariser: beat me to it
2 mins

agree  Mirjam Bonne-Nollen
32 mins

agree  elzosim
43 mins

agree  AllisonK
1 hr

agree  Tina Vonhof
1 hr

agree  xxxjarry
1 hr

agree  Anjo Sterringa: jawel, maar bedenk: dwangsom per periode is 'periodic penalty payment', als het opgelegd is door publiekrechtelijk lichaam is het geen fine, want juist bedoeld om overtreder tot uitvoering te bewegen. Fine meer algemeen voor delay in performance (EURODIC)
1 hr

agree  writeaway
4 hrs

agree  xxxwinterjasmij: agree with Anjo
3 days 4 hrs
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