Feb 17, 2002 14:54
22 yrs ago
5 viewers *
German term

nachgelassen bleiben, die Vollstreckung abzuwenden

German to English Law/Patents Law (general) litigation
This appears in a German Landgericht's decision:

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?
Change log

Sep 29, 2014 15:14: Steffen Walter changed "Field (specific)" from "(none)" to "Law (general)"

Discussion

msebold Feb 17, 2002:
Would it be possible to get the sentence on either side of the one in question?

Proposed translations

5 hrs
Selected

See explanation:

Your impression is correct and your own translation is actually better than any of the translations suggested so far. I would only give it a little tweak to make it sound more legalese.

"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.

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4 KudoZ points awarded for this answer.
55 mins

It is up to the plaintiff to stop the execution if he deposits a guarantee of DMxxx

Hopes this helps...
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+1
1 hr

may stay execution...

Plaintiff is granted the right to stay execution of [above-referenced] judgment by posting a surety bond of no less than DM2,000.00 contingent upon opposing party's failure to have posted an identical surety bond over the same amount.

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.
Peer comment(s):

agree Beth Kantus : perhaps enforcement rather than execution (Dietl/Lorenz)
14 mins
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+4
1 hr

The plaintiff retains the right to avert execution by posting

a surety bond of DM xxxx, unless the opposing party has not already made a deposit in the same amount.

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)
Peer comment(s):

agree Hans Wolf (X)
1 hr
Thanks!
agree Agnieszka Hayward (X)
2 hrs
Thank You!
agree Kathleen
7 hrs
agree Irene De Han
7 hrs
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9 hrs

the plaintiff, in order to avoid execution of the court order, should secure a bond in the amount of

I feel the necessity of giving this a "tweak" of AMERICAN legalese! Instead of "lodging security of DM XXX", American legalese would read "secure a bond."
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21 hrs

Plaintiff is granted choice option of...

Standard US terminology.
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