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Klagebegehren

English translation: Explanation:

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18:44 Jan 25, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Klagebegehren
Die Klage muß den Kläger, die Beklagte und den Gegenstand des Klagebegehrens bezeichnen und in deutscher Sprache abgefaßt sein.
The 'Klage' in this context is an appeal that may or may not be made against the Court's decision (Bescheid).
Even though the Court is the 'Beklagte', would this still be translated as 'defendant'?
Julie Neill
Spain
Local time: 07:17
English translation:Explanation:
Explanation:
"plaintiff's claim" (or alternatively: relief sought", Dietl/Lorenz) is perfectly fine, for the record I just wanted to clarify a few things for you.

The Court is not the "Beklagte" = defendant (although an appeal is lodged against the Court's decision), but Kläger/Beklagte refers to the roles of the parties during the proceedings of the first instance (im ersten Rechtszug) prior to the appeal. Once an appeal has been lodged, the designations will be "Berufungskläger / Berufungsbeklagte".

The "Klagebegehren" as such is not the same as the appeal, the term refers to the relief initially sought in the proceedings of the first instance. But to lodge an appeal, you have to state your Klagebegehren, ie your claim (plaintiff's claim) / the relief sought.
As any other proceedings in a civil-law court, an appeal always includes a Klagebegehren.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 19:17
Grading comment
Thanks - that information is very helpful!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3intention of the appeal
Bob Kerns
5Explanation:Beate Lutzebaeck
4 +1appeal / recourse to higher tribunal
Eva Blanar
4 +1plaintiff's claim
Kim Metzger


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
plaintiff's claim


Explanation:
That should work here.

Kim Metzger
Mexico
Local time: 00:17
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 21844

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: Also supported by Romain, Legal dico
38 mins
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6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
intention of the appeal


Explanation:
Begehren is literally a wish or desire; in this case I believe that the intention of the appeal is meant.

Bob Kerns
Germany
Local time: 07:17
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1415

Peer comments on this answer (and responses from the answerer)
agree  xxxninasc
10 mins

agree  buckel
12 mins

agree  ekenar
1 hr
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17 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
appeal / recourse to higher tribunal


Explanation:
I would opt for "appeal to higher tribunal" or simply "appeal" (as this is clearly about a document).

Eva Blanar
Hungary
Local time: 07:17
Native speaker of: Hungarian
PRO pts in pair: 247

Peer comments on this answer (and responses from the answerer)
agree  buckel: I clicked the wrong button before, I don't think the term can be broken up and so intention is not so good here, appeal suffices
3 mins
  -> Thanks! (By the way, it's good to hear that not only I have problems with clicking.)
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55 mins   confidence: Answerer confidence 5/5
Explanation:


Explanation:
"plaintiff's claim" (or alternatively: relief sought", Dietl/Lorenz) is perfectly fine, for the record I just wanted to clarify a few things for you.

The Court is not the "Beklagte" = defendant (although an appeal is lodged against the Court's decision), but Kläger/Beklagte refers to the roles of the parties during the proceedings of the first instance (im ersten Rechtszug) prior to the appeal. Once an appeal has been lodged, the designations will be "Berufungskläger / Berufungsbeklagte".

The "Klagebegehren" as such is not the same as the appeal, the term refers to the relief initially sought in the proceedings of the first instance. But to lodge an appeal, you have to state your Klagebegehren, ie your claim (plaintiff's claim) / the relief sought.
As any other proceedings in a civil-law court, an appeal always includes a Klagebegehren.


    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 19:17
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
Thanks - that information is very helpful!
Login to enter a peer comment (or grade)




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