German term
nachgelassen bleiben, die Vollstreckung abzuwenden
Dem Kläger ***bleibt nachgelassen, die Vollstreckung gegen Sicherheitsleistung von DM XXX abzuwenden***, sofern nicht die Gegenseite zuvor Sicherheit in gleicher Höhe hinterlegt hat."
My impression is that the plaintiff will be permitted to avoid execution of the judgment by lodging security of DM XXX unless the opposing party has deposited the same amount. Is that right?
Sep 29, 2014 15:14: Steffen Walter changed "Field (specific)" from "(none)" to "Law (general)"
Proposed translations
See explanation:
"The plantiff is permitted to avoid enforcement of the judgment by furnishing security in the amount of DM XXX unless the opposing party has furnished security in the same amount."
Background: Judgments by German courts usually contain this clause to ensure that one party does not create a fait accompli by enforcing a judgment before it has become final and unappeallable. If the party, in whose favour judgment was entered, enforces this judgment, the other party may be left without recourse if the judgment is reversed by the court of the next instance. For this reason, the prevailing party is required to furnish security in the amount awarded. That way, the party can enforce the judgment, but the interests of the other party are safeguarded where the original judgment is overturned.
In your case, the wording of this clause would indicate that the plaintiff's claim was dismissed, and the Court's decision as to the costs would be enforceable by the defendant (in Germany, loser pays - their own and the opposing party's cost). In accordance with this clause, the plaintiff may avoid the enforcement (of the order as to costs) by the defendant by furnishing security. However, if the defendant has lodged security in the same amount (of the costs awarded), avoidance of enforcement will not be possible, as the plaintiff could satisfy their rights from the security furnished should the original decision be overturned.
It is up to the plaintiff to stop the execution if he deposits a guarantee of DMxxx
may stay execution...
Plaintiff can only post[US] bond in case the other side has not already beat him to it. Note: "sofern NICHT...". Sounds like the plaintiff having his claim rejected.
agree |
Beth Kantus
: perhaps enforcement rather than execution (Dietl/Lorenz)
14 mins
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The plaintiff retains the right to avert execution by posting
abwenden = avert, avoid, it won't happen
HTH
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Note added at 2002-02-17 16:35:21 (GMT)
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please: remove the not in the second part of the sentence. (I should have looked closer before hitting \'Enter\', sorry!
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Note added at 2002-02-17 18:56:46 (GMT)
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I like the word enforcement better than execution in this context: cf. Beth Kantus (see above, comment to Klaus\' answer)
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Hans Wolf (X)
1 hr
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Thanks!
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agree |
Agnieszka Hayward (X)
2 hrs
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Thank You!
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agree |
Kathleen
7 hrs
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agree |
Irene De Han
7 hrs
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Discussion