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Strafbewehrung

English translation: promise to pay the contractual penalty

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10:33 Aug 14, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: Strafbewehrung
From an attorney's letter to the opposing counsel:

"Ihr Ansinnen, die _Strafbewehrung_ nicht in der Form des 'modifizeirten Hamburger Brauchs' abzugeben, ist für uns nicht nachvollziehbar. Diese Form der Vertragsstrafebewehrung ist vom Bundesgerichtshof anerkannt."
Lee Penya
Local time: 18:50
English translation:promise to pay the contractual penalty
Explanation:

Lee, "Strafbewehrung" refers to a "strafbewehrte Unterlassungserklaerung". This is a declaration to cease and desist, combined with the promise to pay a contractual penalty in the event of a violation. I have not found a translation for this - probably because it is not done this way in US law (even Dietl/Lorenz do not provide an entry for this term).

I would suggest to say something like:
"We are unable to accept (understand) your request not to state the promise to pay the contractual penalty in the form of the "Hamburger Brauch" ..."

Maybe you can think of a better way to say this (I know you're good at that, once you know the meaning)!

Good luck!
Beate
Selected response from:

Beate Boudro
United States
Local time: 17:50
Grading comment
You got it, Beate! Thanks!
4 KudoZ points were awarded for this answer

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Summary of answers provided
na +2imposing a penaltyUlrike Lieder
na +1promise to pay the contractual penaltyBeate Boudro
na +1penal-reinforcedKlaus Dorn


  

Answers


31 mins peer agreement (net): +1
penal-reinforced


Explanation:
see below:

Am 11.04.1996 gab die Beklagte hinsichtlich dieser 19 Schriften eine strafbewehrte Unterlassungserklärung ab und...

On 11/04/1996 the defendant delivered a penal-reinforced omission explanation with regard to these 19 writings and...

Klaus Dorn
Local time: 03:50
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 1514

Peer comments on this answer (and responses from the answerer)
agree  gangels
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1 hr peer agreement (net): +2
imposing a penalty


Explanation:
All my reference works are silent on the subject; I'd suggest either "imposing a penalty" or "setting a penalty" or, if context permits, just "penalty". The example Klaus cites is very obviously (and poorly) translated from the German, and I wouldn't touch it with a 10-foot pole.

bewehren - reinforce or armor
[Muret-Sanders]
Adapting that to a legal context, "impose" would work quite well.

Der Hamburger Brauch, BTW, is a contractual penalty that is set by the complainant but must be approved by a court. Cf. www.jurpc.de/rechtspr/20000217.htm

HTH

Ulrike Lieder
Local time: 16:50
Native speaker of: German
PRO pts in pair: 3525

Peer comments on this answer (and responses from the answerer)
agree  gangels

agree  gwolf: See for example http://www.uni-wuerzburg.de/dfr/bvl92045.html
1 hr
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2 hrs peer agreement (net): +1
promise to pay the contractual penalty


Explanation:

Lee, "Strafbewehrung" refers to a "strafbewehrte Unterlassungserklaerung". This is a declaration to cease and desist, combined with the promise to pay a contractual penalty in the event of a violation. I have not found a translation for this - probably because it is not done this way in US law (even Dietl/Lorenz do not provide an entry for this term).

I would suggest to say something like:
"We are unable to accept (understand) your request not to state the promise to pay the contractual penalty in the form of the "Hamburger Brauch" ..."

Maybe you can think of a better way to say this (I know you're good at that, once you know the meaning)!

Good luck!
Beate


    professional experience
Beate Boudro
United States
Local time: 17:50
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
Grading comment
You got it, Beate! Thanks!

Peer comments on this answer (and responses from the answerer)
agree  gangels
Login to enter a peer comment (or grade)




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