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sich nicht entgegenhalten lassen

English translation: See explanation

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02:56 Feb 23, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: sich nicht entgegenhalten lassen
From a Swiss Federal Court decision:

"In Fällen wie dem vorliegenden hat die Klägerin ein berechtigtes Interesse zu erfahren, ob ihre Rechtsauffassung ein für allemal zutrifft oder nicht, ***braucht sich folglich nicht entgegenhalten zu lassen***, dass in einem ersten Prozess über eine Teilforderung dem Sinne nach auch über die Verletzung des Konkurrenzverbotes entschieden würde."

Also, any suggestions on how I should translate "dem Sinne nach" here?

Thanks!
Lee Penya
Local time: 12:37
English translation:See explanation
Explanation:
In cases such as this one the Plaintiff has a legitimate interest in learning once and for all whether his/her/its interpretation of the law is correct so that Plaintiff need not subsequently be confronted with the argument that in the first (or in earlier)proceedings dealing with a partial claim a decision had been rendered that also mutatis mutandis dealt with (or settled) the assertion of a restraint in trade.

It seems to me that this rendition is a little clearer.
Prof. exp. as a lawyer in the United States

--------------------------------------------------
Note added at 2002-02-23 18:25:59 (GMT)
--------------------------------------------------

As you can see, Lee, we both translated \"dem Sinne nach\" as mutatis mutandis. Your Black\'s law dictionary will verify that this is a proper legal usage for \"in the spirit of.\" (As opposed to \"the letter of the law.)
Selected response from:

Dr. Fred Thomson
United States
Local time: 11:37
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3See suggested translation:Beate Lutzebaeck
5See explanation
Dr. Fred Thomson


  

Answers


44 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
See suggested translation:


Explanation:
In cases such as the present, the plaintiff has a legitimate interest to learn whether his/her/its legal opinion is, in fact, correct or not, and can therefore not be rebutted by stating that the decision made in the first suit with regard to the partial claim would also be, mutatis mutandis, a decision as to whether the agreement in restraint of trade had been violated.


    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 06:37
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079

Peer comments on this answer (and responses from the answerer)
agree  Dr Janine Manuel BSc BHB MBChB
3 hrs

agree  Kathi Stock
5 hrs

agree  Sandra Schlatter
8 hrs

neutral  gangels: "Precedent suggests that plaintiff..." is better legalese
1 day9 hrs
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 5/5
See explanation


Explanation:
In cases such as this one the Plaintiff has a legitimate interest in learning once and for all whether his/her/its interpretation of the law is correct so that Plaintiff need not subsequently be confronted with the argument that in the first (or in earlier)proceedings dealing with a partial claim a decision had been rendered that also mutatis mutandis dealt with (or settled) the assertion of a restraint in trade.

It seems to me that this rendition is a little clearer.
Prof. exp. as a lawyer in the United States

--------------------------------------------------
Note added at 2002-02-23 18:25:59 (GMT)
--------------------------------------------------

As you can see, Lee, we both translated \"dem Sinne nach\" as mutatis mutandis. Your Black\'s law dictionary will verify that this is a proper legal usage for \"in the spirit of.\" (As opposed to \"the letter of the law.)

Dr. Fred Thomson
United States
Local time: 11:37
Native speaker of: English
PRO pts in pair: 5861
Login to enter a peer comment (or grade)




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