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Stufenklage

English translation: action by stages

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Stufenklage
English translation:action by stages
Entered by: Croatian Translator
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19:59 Oct 21, 2001
German to English translations [Non-PRO]
Law/Patents
German term or phrase: Stufenklage
Divorce judgment

Die Kostenentscheidung bezueglich der Stufenklage bleibt dem Schlussurteil vorbehalten.

The only translation I found is "action by stages". I would apprecciate other suggestions. Thank you
jjb
action by stages
Explanation:
Action by Stages

If a party is unable to specify and substantiate his claim right from the beginning, and if the opposing party is not obliged to provide this information under the principles set out below,10 the only remaining possibility is to start an action by stages (Stufenklage) according to Section 254 of the ZPO.

If, for example, the plaintiff has a claim for information that will enable him to specify his “real” claim, the claim for information is followed in the first stage, and the real claim followed on the second stage. Such claims for information are granted by statute in most cases where the parties are involved in constant and narrow relationships.

Partners in a partnership, shareholders in a company or the spouses in divorce proceedings, for example, have far reaching claims for information. In the absence of such a special relation, the general claim for information according to Section 810 of the BGB applies. Under Section 810 of the BGB somebody who has reason to believe that somebody else is in the possession of documents that give him a case against such person may ask for the production of such document. However, the documents must be described in a very detailed way that satisfies the aforesaid principle of substantiation.
http://themis.wustl.edu/ibll/CivilPro/Germany.htm

Selected response from:

Tom Funke
Local time: 06:08
Grading comment
Thank you for your help and for the references.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2action by stages
Kim Metzger
5Action by stagesWerner George Patels, M.A., C.Tran.(ATIO)
4action by stages
Tom Funke


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
action by stages


Explanation:
a legal action by stages. I'm not a legal expert, but I hope my dictionary is of help.


    Romain Dictionary of Legal and Commercial Terms
Kim Metzger
Mexico
Local time: 05:08
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 21844

Peer comments on this answer (and responses from the answerer)
agree  Tom Funke: see details below
26 mins

agree  Werner George Patels, M.A., C.Tran.(ATIO): see below
27 mins
Login to enter a peer comment (or grade)

35 mins   confidence: Answerer confidence 5/5
Action by stages


Explanation:
Yes, this is also confirmed by Dietl/Lorenz:

action by stages (issues arising at various stages of action are tried separately) // (cf. §254 ZPO)


    Dietl/Lorenz: Dictionary of Legal, Commercial and Political Terms
Werner George Patels, M.A., C.Tran.(ATIO)
Local time: 06:08
PRO pts in pair: 238
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37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
action by stages


Explanation:
Action by Stages

If a party is unable to specify and substantiate his claim right from the beginning, and if the opposing party is not obliged to provide this information under the principles set out below,10 the only remaining possibility is to start an action by stages (Stufenklage) according to Section 254 of the ZPO.

If, for example, the plaintiff has a claim for information that will enable him to specify his “real” claim, the claim for information is followed in the first stage, and the real claim followed on the second stage. Such claims for information are granted by statute in most cases where the parties are involved in constant and narrow relationships.

Partners in a partnership, shareholders in a company or the spouses in divorce proceedings, for example, have far reaching claims for information. In the absence of such a special relation, the general claim for information according to Section 810 of the BGB applies. Under Section 810 of the BGB somebody who has reason to believe that somebody else is in the possession of documents that give him a case against such person may ask for the production of such document. However, the documents must be described in a very detailed way that satisfies the aforesaid principle of substantiation.
http://themis.wustl.edu/ibll/CivilPro/Germany.htm




    Romain and Google (see above)
Tom Funke
Local time: 06:08
Native speaker of: English
PRO pts in pair: 2419
Grading comment
Thank you for your help and for the references.
Login to enter a peer comment (or grade)




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