Jan 31, 2003 13:38
21 yrs ago
54 viewers *
German term

für Recht erkannt:

German to English Law/Patents
This phrase appears quite regularly in German legal decisions. Is there a standard EN rendering of it?

Thanks very much!

Harold

Discussion

Steffen Walter Jan 31, 2003:
Where does the phrase appear? At the end of a document, followed by venue and date?

Proposed translations

+1
44 mins
Selected

enforce or find

As in, 'the court enforced Plaintiff's claims' or 'the court found for the Plaintiff.'
Die Ansprüche der Klägerin wurden bzw. werden für Recht erklärt.

A court makes findings of law and fact. Thus, it may say, "After examining the legislative history of Art. XYZ, the Court finds that the lawmakers' intent was to confine its application to persons who had reached the age of majority or those emancipated through marriage. Based on the testimony of AB and on undisputed documentary evidence, particuarly C, D, and E, the Court finds that at all relevant times herein, AB was a minor."

In its opinion, the court may simply say, "the court agrees" (and conversely, "the court cannot agree") after a recitation of the facts and respective arguments as presented by one party or the other.

A court always 'adjudges,' so I respectfully suggest that this is adequate to indicate how the court ruled, except, say, in the phrase, "John Jones was adjudged incompetent to stand trial."


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Note added at 2003-01-31 14:24:38 (GMT)
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\"adequate\" should be \"NOT adequate\"

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Note added at 2003-02-01 04:31:06 (GMT)
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Continuation of response to Mr/Ms ZIRBELHOLZ, disagreeing below:
EXECUTION ON A JUDGMENT:
http://www.ilo.org/public/english/tribunal/fulltext/2133.htm
FINDINGS OF FACT, LAW (or CONCLUSIONS OF LAW)
http://www.danwinter.com/factfind.html: US District Court, Western District of New York
ENFORCEMENT OF CLAIM:
http://data.opi.state.mt.us/bills/mca/72/34/72-34-111.htm
72-34-111. Duty to enforce claims. The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.
     History: En. Sec. 83, Ch. 685, L. 1989.
Peer comment(s):

agree Steffen Walter : Question: How would a closing formula, if any, be worded on a related court document? IMHO this is what Harold is looking for (as shown by the colon following the phrase).
51 mins
Conclusion: For the reasons indicated above, the Court finds X, and therefore dismisses Plaintiff's claim / awards Plaintiff damages in the amount of ...
agree GATI (X) : actually just simply "find"
3 hrs
thanks
disagree Margaret Marks : 'Find' refers to facts, 'held' to law. 'Enforce' is what happens after judgment.
9 hrs
Findings of Fact and Law (or "conclusions of law"). The "holding" is the result in the case. Enforce claims, orders, judgments, but, we say, "execute on a judgment." Continued above...
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4 KudoZ points awarded for this answer.
7 mins

to adjudge

one possibility
Something went wrong...
+1
15 mins

adjudicate

as per Dietl/Lorenz

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Note added at 2003-01-31 13:54:54 (GMT)
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same reference also proffers:
to give a judicial decision
Peer comment(s):

agree gangels (X)
11 mins
Something went wrong...
16 mins

also

legally effective

and/or

become final

yet it much depends on the sentence and context

ciao
Something went wrong...
+1
19 mins

Das Gericht erkentt fuer Recht = adjudicates, decrees and determines

This is the Langenscheid translation
Reference:

http://Langenscheid

Peer comment(s):

agree Kim Metzger : finds, holds
6 mins
Something went wrong...
+2
29 mins

held (followed by date, venue, signature, stamp etc...)

This could be one simple alternative if it appears as suspected, i.e. at the end of the document/decision (see my question to Harold).

Steffen
Peer comment(s):

agree Margaret Marks : This is the best solution.
10 hrs
Thank you :-)
agree Petra Dr. Schmidt-Sarbutt
29 days
Danke :-)
Something went wrong...
6 hrs

has been determined to be legally valid

depending upon what tense...

I like this personally
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