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nachlassen...

English translation: to waive

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15:45 Aug 5, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: nachlassen...
Hoechst vorsorglich beantragen wir, der Klaegerin nachzulassen, die Zwangsvollstreckung wegen der Kosten gegen Sicherheitsleistung, auch durch Buergschaft einer deutschen Gorssbank oder Sparkasse, abzuwenden.

Having trouble with part after "Klaegerin".

The previous sentence is:
The judgment - if applicable, by way of security that may also be raised by means of the unconditional, indefinite, directly enforceable guarantee of a major German bank or savings bank - is provisionally enforceable.

This comes from a statement of claim on a patent dispute.
Marcus Malabad
Canada
Local time: 19:26
English translation:to waive
Explanation:
Motion is made to waive – on behalf of plaintiff and for reasons of attendant expense – execution of lien against the posting of bond, also acceptable in the form of a bank guarantee by a major German institution or Savings & Loan.
Selected response from:

gangels
Local time: 11:26
Grading comment
danke Klaus!
2 KudoZ points were awarded for this answer

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Summary of answers provided
na +2to waivegangels
na +1relieve the plaintiff of the obligation to....
Mats Wiman
na -1see my attempt below!
Johanna Timm, PhD
na -1forgive, pardon, indemnyfyUschi (Ursula) Walke


  

Answers


27 mins peer agreement (net): +1
relieve the plaintiff of the obligation to....


Explanation:
...precautionarily we apply, that the court may relieve....


    Orbis+Legal education
Mats Wiman
Sweden
Local time: 19:26
Native speaker of: Native in SwedishSwedish
PRO pts in pair: 1498

Peer comments on this answer (and responses from the answerer)
agree  DR. RICHARD BAVRY: almost there Mats...but Klaus has the elegant expression
6 hrs
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1 hr peer agreement (net): -1
forgive, pardon, indemnyfy


Explanation:
not very legalese, but I believe that the client might decide to not go ahead with the enforcement and we want to apologize in advance for this possible sin.

quite biblical: check the web for:
sünden+werden+nachgelassen

Die Sünden werden normalerweise erst nachgelassen, wenn man sie schon begangen hat.

I think the plaintiff is seeking indemnification - security against legal resposibility for her/his further actions.

HTH
:o)



Uschi (Ursula) Walke
Local time: 04:26
Native speaker of: Native in GermanGerman
PRO pts in pair: 492

Peer comments on this answer (and responses from the answerer)
disagree  DR. RICHARD BAVRY: I do not think so: Klaus has the caught the "flavor" of "set aside
5 hrs
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2 hrs peer agreement (net): +2
to waive


Explanation:
Motion is made to waive – on behalf of plaintiff and for reasons of attendant expense – execution of lien against the posting of bond, also acceptable in the form of a bank guarantee by a major German institution or Savings & Loan.

gangels
Local time: 11:26
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5508
Grading comment
danke Klaus!

Peer comments on this answer (and responses from the answerer)
agree  DR. RICHARD BAVRY: this seems reasonable to me
3 hrs

agree  Manfred Mondt: best choice in this cas
11 hrs
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2 hrs peer agreement (net): -1
see my attempt below!


Explanation:
The tricky part in this sentence seems to be *abwenden* which-in a legal context cannot only be translated as* to avert*, but also as *to commute for*, as in* commuting military service for a contribution= Militärpflicht durch eine Geldzahlung abwenden*.Based on this, I would translate the sentence as follows:

As a precautionary measure and because of the costs involved, we request the claimant be allowed to commute enforcement for a security, including a bond/guarantee of a major German bank/financial institution or savings bank.

Hope ths helps!


    Eichborn
Johanna Timm, PhD
Canada
Local time: 10:26
Native speaker of: Native in GermanGerman
PRO pts in pair: 7302

Peer comments on this answer (and responses from the answerer)
disagree  DR. RICHARD BAVRY: this is not a criminal process
3 hrs
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