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Leistungsantrag

English translation: Motion for Judgment/Application for Performance - please check question before using glossary entry

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Leistungsantrag
English translation:Motion for Judgment/Application for Performance - please check question before using glossary entry
Entered by: Alison Schwitzgebel

13:56 Dec 29, 2003
German to English translations [PRO]
Law/Patents / Courtroom hearing
German term or phrase: Leistungsantrag
Der Vertreter (von XYZ) erkärte auf Befragen des Gerichts, daß der Klagenatrag zu 1 nicht als Feststellungs-, sondern als Leistungsantrag zu verstehen sei.

Sorry, but that's it - no other context....

Are there any legal eagles working over the holidays?

Thanks!

Alison
Alison Schwitzgebel
France
Local time: 21:10
Motion for Judgment or Motion for Writ of Mandamus
Explanation:
A Motion for a Writ of Mandamus is made much less frequently so if I didn't have more to go on, I would pick Motion for Judgment.
Selected response from:

Dr. Fred Thomson
United States
Local time: 13:10
Grading comment
This is the one that the points go to - because I have to award the points to somebody. I'm absolutely torn between this and Margaret's answer and really don't know which one is correct.
2 KudoZ points were awarded for this answer



Summary of answers provided
4 +3Motion for Judgment or Motion for Writ of Mandamus
Dr. Fred Thomson
4payment-request
Adela Van Gils
4application for performance
Margaret Marks
4Comment
Margaret Marks


  

Answers


20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
payment-request


Explanation:
I think that is what they refer to, although there will be a better way to say it in English. Happy Newyear.

Adela Van Gils
Netherlands
Local time: 21:10
Native speaker of: Native in DutchDutch, Native in EnglishEnglish
PRO pts in pair: 1
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The asker has declined this answer

20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
Motion for Judgment or Motion for Writ of Mandamus


Explanation:
A Motion for a Writ of Mandamus is made much less frequently so if I didn't have more to go on, I would pick Motion for Judgment.

Dr. Fred Thomson
United States
Local time: 13:10
Native speaker of: English
PRO pts in pair: 5861
Grading comment
This is the one that the points go to - because I have to award the points to somebody. I'm absolutely torn between this and Margaret's answer and really don't know which one is correct.

Peer comments on this answer (and responses from the answerer)
agree  Antoinette-M. Sixt Ruth
5 mins
  -> Thanks, Antoinette
agree  KirstyMacC (X): a.k.a. Verurteilungsklage according to Zivilprozeßrecht schnell erfasst> i.e. application for judgmental v. declaratory (Feststellungsantrag) relief. Nthg to do with app. for an interim payment or for provisional damages in PI cases.
2 hrs
  -> Thank you, learned counsel.
agree  milinad
18 hrs
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3 days 10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
application for performance


Explanation:
Application (US motion) for performance, not for a declaration

(this somewhat agrees with the previous answerer; even the first answer may be appropriate in the circumstances)

In GB we tend to use 'motion' for oral applications, 'petition' for written ones; 'application' is wider.

Alison, you can check up the terms Leistungsklage, Feststellungsklage (and Gestaltungsklage), because that is what the reference is to.

Margaret Marks
United Kingdom
Local time: 20:10
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 769
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11 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
Comment


Explanation:
I don't think mine is wonderful, but for goodness' sake not writ of mandamus - far too common-law a concept. 'Judgment' alone is not enough, because you can get a declaratory judgment too, so the word judgment says nothing about the 'Leistung', which means you want not a declaration or a divorce, but for someone either to do something or to stop doing it (so my 'performance' is not adequate).

Margaret Marks
United Kingdom
Local time: 20:10
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 769
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