Jul 15, 2001 05:07
23 yrs ago
3 viewers *
German term
Rubrumsberichtigung
German to English
Law/Patents
In defendant's pleadings,
the question is "...ob es sich hier um eine Rubrumsberichtigung oder eine Parteiauswechselung...handelt"
THe defendant is accusing the plaintiff of underhandeldy trying to exchange the parties to the proceedings 'Parteiauswechselung' but disguising this step as a mere 'Rubrumsberechtigung'
any ideas?
the question is "...ob es sich hier um eine Rubrumsberichtigung oder eine Parteiauswechselung...handelt"
THe defendant is accusing the plaintiff of underhandeldy trying to exchange the parties to the proceedings 'Parteiauswechselung' but disguising this step as a mere 'Rubrumsberechtigung'
any ideas?
Proposed translations
(English)
| 0 | amendment to/change in the recital of parties |
Tom Funke
|
| 0 | amend the heading of the case |
Beate Boudro (X)
|
Proposed translations
32 mins
amendment to/change in the recital of parties
[from your context:]
amendment to/change in the recital of parties [i.e. the words of the document, as in correcting a ‘mere’ clerical error] versus an actual change of the parties to the matter [i. e. The actual <<real or legal >> persons involved in the matter].
(This should be fun to sort out, and worth a few extra hours of legal billings).
Rubrum: recitals, title reference, heading (of a case), recital of parties, premises (of a case)
Romain, W. der Rechts und Wirttschaftssprache, ISBN 3 406 35836 6)
Please note: I am NOT a legal translator.
How's the weather in Berelin today?
HTH Tom
amendment to/change in the recital of parties [i.e. the words of the document, as in correcting a ‘mere’ clerical error] versus an actual change of the parties to the matter [i. e. The actual <<real or legal >> persons involved in the matter].
(This should be fun to sort out, and worth a few extra hours of legal billings).
Rubrum: recitals, title reference, heading (of a case), recital of parties, premises (of a case)
Romain, W. der Rechts und Wirttschaftssprache, ISBN 3 406 35836 6)
Please note: I am NOT a legal translator.
How's the weather in Berelin today?
HTH Tom
Reference:
3 hrs
amend the heading of the case
Tom already gave a good explanation, I just want to give you a little more background and my reasons for preferring one translation over the other.
The "Rubrum" is the heading of a court case, i.e., the plaintiff's and defendant's names and addresses and the names of the attorneys for both parties. This heading used to be written in red ink, that is why it was called with the Latin word for red - rubrum.
The question of whether a party just wants to amend the Rubrum - e.g., because the legal representative of a defendant corporation was not named at all or the wrong person was named - or whether this party actually wants to exchange the person of the defendant is crucial because the "new" defendant suddenly finds himself involved in an ongoing lawsuit. This new defendant is mostly more interested in having the plaintiff start all over with his suit.
I would, therefore, use the term "to amend the heading of the case" (for Rubrumsberichtigung). I would prefer using the verb "to amend" over "to change" because "to amend" has the connotation of correcting something - which is meant by "Berichtigung des Rubrums". I would also use "heading of the case" rather than "recitals". "Recitals" is more appropriate for contracts or deeds and go beyond merely stating the names and addresses of the parties and their attorneys. (Black's Law Dictionary: "Recital. A formal statement or setting forth of some matter of fact, in a deed or writing, in order to explain the reasons upon which the transaction is founded.
Hope this is helpful!
The "Rubrum" is the heading of a court case, i.e., the plaintiff's and defendant's names and addresses and the names of the attorneys for both parties. This heading used to be written in red ink, that is why it was called with the Latin word for red - rubrum.
The question of whether a party just wants to amend the Rubrum - e.g., because the legal representative of a defendant corporation was not named at all or the wrong person was named - or whether this party actually wants to exchange the person of the defendant is crucial because the "new" defendant suddenly finds himself involved in an ongoing lawsuit. This new defendant is mostly more interested in having the plaintiff start all over with his suit.
I would, therefore, use the term "to amend the heading of the case" (for Rubrumsberichtigung). I would prefer using the verb "to amend" over "to change" because "to amend" has the connotation of correcting something - which is meant by "Berichtigung des Rubrums". I would also use "heading of the case" rather than "recitals". "Recitals" is more appropriate for contracts or deeds and go beyond merely stating the names and addresses of the parties and their attorneys. (Black's Law Dictionary: "Recital. A formal statement or setting forth of some matter of fact, in a deed or writing, in order to explain the reasons upon which the transaction is founded.
Hope this is helpful!
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