Feb 2, 2010 18:43
14 yrs ago
German term

verbotsbegründenden Erfolg

German to English Law/Patents Law (general) Criminal case
Working on a case involving the ban (prohibition) of an association in Germany. The legal terminology in the presentation by one party is quite complex. I know exactly what is meant, but am looking for a more concise, effective (and legally correct) way to express this.

"Es reicht mithin jedes Verhalten (Tatigkeit), weiches objektiv geeignet ist, den verbotsbegrundenden Erfolg herbeizufiihren. Es reicht ferner jegliches Verhalten, das den verbotsbegrundenden Erfolg nach sich zieht, ohne dass es auf cine Kausalität ankommt. "

Look forward to learning a lot here.

Proposed translations

+1
14 hrs
Selected

the result establishing the proscription

..., i.e., any act that is objectively suited to bring about the result establishing (or "leading to") the proscription (or "prohibition").

I read it to mean that the result is not proscribed, but rather establishes the proscription.
Note from asker:
thank you to Albert an Sivara. I'm gratified that I'm not the only one chewing on this
Thank you for your efforts in helping with this. I will probably replace "proscription" with "prohibition".
Peer comment(s):

neutral Albert Fischer (Dipl. Jur., LL.B., BDÜ) : ..the result which entails / which is formative for / which establishes the proscription (?)
24 mins
...yes, at least that is how I read it.
agree Monika Elisabeth Sieger : can't think of any better description.
1 hr
Thanks, Sivara! :)
Something went wrong...
4 KudoZ points awarded for this answer.
-1
35 mins

apt to bring about the prohibition success (or the success emanating from ..)

Prohibition was a success. Allegations to the contrary are a myth. Distillers invented the myth decades ago.
medicolegal.tripod.com/prohibitionsuccess.htm
Peer comment(s):

disagree Albert Fischer (Dipl. Jur., LL.B., BDÜ) : no!
13 hrs
Something went wrong...
-1
14 hrs

prohibited result

I have never come across a criminal 'success' in a Britis criminal law textbook, it's 'result'.
Peer comment(s):

neutral Derek Gill Franßen : Wouldn't that be "vorbotenen Erfolg"?
47 mins
yes you're right. bring about the result which establishes / TRIGGERS the prohibition, proscription
disagree Monika Elisabeth Sieger : with Derek! There is a huge difference!
2 hrs
Something went wrong...
-1
46 mins

situation covered by the prohibition.

"Erfolg", IMO here describes the result/effect/consequence of certain actions

"verbotsbegründend" = das Verbot begründend=das Verbot darstellend [not: *causing* the prohibition]

As a result, this would apply for any conduct (activity) objectively suited to create a situation covered by the prohibition.
[or:…that objectively lends itself to…]

It also applies to any conduct (activity) that indirectly causes a situation covered by the prohibition.


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Note added at 22 hrs (2010-02-03 17:21:32 GMT)
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I understand it like this (simplified)
1. Certain activities ( here: in associations) are not allowed, i.e. prohibited. 2. Definite rules have been created to cover such situations.
3. Not only the situations covered by the rules, but also all activities/conduct that could lead to to (including indirectly) a situation described in the rules as prohibited falls under the category "prohibited" .

Example (just for fun)

1. It is prohibited to attend a meeting while drunk.
2. As a result, it is also not allowed to bring bottles of beer to the meeting or arrange for others to bring beer.

Note from asker:
thanks, Ellen.
Sorry, I'm a bit tired. Of course I mean Johanna. Thank you for the good explanation. Amazing how you need so many words for one German term
Peer comment(s):

disagree Albert Fischer (Dipl. Jur., LL.B., BDÜ) : not accurate though
13 hrs
see my clarification attempt above.
Something went wrong...
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