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gerichtlichen Vergleich

English translation: judicial settlement

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:gerichtlichen Vergleich
English translation:judicial settlement
Entered by: Natalie Chandler
Options:
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19:58 Oct 11, 2004
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: gerichtlichen Vergleich
An diesem Erfordernis ändert auch nichts, dass es sich vorliegend um einen gerichtlichen Vergleich handelt.

Swiss/Kenyan legal proceedings concerning liability for monies owed.
Natalie Chandler
Local time: 05:14
judicial settlement
Explanation:
DIETL/LORENZ:

Vergleich 1. (Vertrag im Wege gegenseitigen Nachgebens)
arrangement (with one's creditors); settlement; compromise; (z. B. vor der IHK) conciliation; Vergleich(eines zahlungsunfähigen Unternehmens mit Gläubigern) Am reorganization
Selected response from:

Olaf Reibedanz
Colombia
Local time: 05:14
Grading comment
This one seems to be teh safest as it covers everything! The other suggestions though are equally valid and the explanations were most helpful for clarification.
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +3Court-approved settlement
xxxMichaelRS
4 +2judicial settlement
Olaf Reibedanz
3 +1in-court settlement
JM Simon
3court composition/settlement or settlement by court
Dr. Fred Thomson


  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
judicial settlement


Explanation:
DIETL/LORENZ:

Vergleich 1. (Vertrag im Wege gegenseitigen Nachgebens)
arrangement (with one's creditors); settlement; compromise; (z. B. vor der IHK) conciliation; Vergleich(eines zahlungsunfähigen Unternehmens mit Gläubigern) Am reorganization

Olaf Reibedanz
Colombia
Local time: 05:14
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 81
Grading comment
This one seems to be teh safest as it covers everything! The other suggestions though are equally valid and the explanations were most helpful for clarification.

Peer comments on this answer (and responses from the answerer)
agree  swisstell: yes, or court settlement
0 min

agree  verbis
4 hrs
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8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
Court-approved settlement


Explanation:
... is exactly what they'd call it in the United States.

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Note added at 10 mins (2004-10-11 20:09:05 GMT)
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Legal systems obviously differ from country to country, but the idea is that it\'s a settlement worked out between the parties that was reviewed and approved (as not being unfair to either side) by a court.

xxxMichaelRS
Local time: 11:14
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48

Peer comments on this answer (and responses from the answerer)
agree  xxxKirstyMacC: The usual venue of a settlement being out-of-court. See also Eurodicautom's gerichtlich bestätigter Vergleich.
1 hr

agree  gangels: out-of-court settlement
1 hr
  -> But there are two different situations: Parties agreeing to a settlement, and then the plaintiff simply withdraws the case (out-of-court settlement) and a settlement that was given some review as to fairness by a court

agree  Ingrid Blank: or just court settlement
7 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
court composition/settlement or settlement by court


Explanation:
There is such a thing as an "aussergerichtlicher Vergleich," which is an out-of-court settlement, an amicable settlement, or a voluntary settlement.
Thus, a gerichtlicher Vergleich must by definition include the court

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Note added at 2 hrs 49 mins (2004-10-11 22:48:08 GMT)
--------------------------------------------------

Romain, Dictionary of Legal and Commercial Terms, calls this a court settlement.
Also:
Ninth Circuit Reverses Itself, Holding Global State Court Settlement Bars Federal Claims

Cadwalader Wickersham & Taft


In an extraordinary move, a new panel of the Ninth Circuit Court of Appeals recently withdrew and replaced the opinion of a prior panel, holding that a class action settlement approved by the Delaware Chancery Court was entitled to full faith and credit and therefore barred plaintiffs from pursuing federal securities claims in the United States District Court for the Central District of California. The new decision brought to a conclusion a case as notable for its procedural peculiarities as for its statement of the law.

This squib uses both court settlement and court-approved settlement to express the same idea. Thus, I believe that you can\'t go wrong with Michael\'s answer either.

Dr. Fred Thomson
United States
Local time: 03:14
Specializes in field
Native speaker of: English
PRO pts in category: 608
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
in-court settlement


Explanation:
lots of google hits

JM Simon
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Margaret Marks: Correct in British English
3 hrs
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