Anfechtungsbeklagten [in context]
English translation: defendant in an avoidance action (before an administrative court)
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| 22:04 Jul 22, 2004 |
| German to English translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Derek Gill Franßen Germany Local time: 10:10 | ||||||
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| 3 | Defendant sued for voidable disposition on insolvency |
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| 3 | defendant in an avoidance action (before an administrative court) |
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| Discussion entries: 4 | |
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Answers
1 hr confidence: 
Defendant sued for voidable disposition on insolvency Explanation: The way the syntax looks, it's the substituted Attorney who's AB = the Defendant - poss. if transferred voidable dispositions to avoid his client's creditors. The client may be the BG - Appellee (AE)/ Respondent (BE). *nur dann als erwiesen annehmen darf, wenn er sich von deren Vorhandensein überzeugt hat (BGE 82 II 3). Der Umstand, dass die *anfechtungsbeklagte Ehefrau* der ...' In the wife's case, it could the husband who's the BG. -------------------------------------------------- Note added at 2004-07-24 08:51:20 (GMT) -------------------------------------------------- My answer to note: \'All proposed costs of the substituted/ delegated Attorney OF the (corp.) Defendant(s) to the ACTION TO SET ASIDE the voidable disposition [on insolvency] be AWARDED AGAINST the Appellees (AE)/ Respondent (BE)\'. In the UK, certain dealings that are a fraud on a bankrupt\'s creditors are \'voidable\' within certain limits. -------------------------------------------------- Note added at 2004-07-24 13:48:53 (GMT) -------------------------------------------------- Although you are addressing your comments & thanks to Derek, you should know that a \'Paulian\' action is exclusively a ROMAN-law concept that has no bearing on AAL - Anglo-American - law, but may poss. on Mauritius that has a mixed Angö-French legal system. Indeed, such actions still exist in French, Span & Ital. law - but not even in Scots law. www.polyreg.ch/bgeleitentscheide/ Band_83_1957/BGE_83_II_1.html |
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1 hr confidence:
defendant in an avoidance action (before an administrative court) Explanation: I can only say this for Germany: there really is no such thing as an "Anfechtungsbeklagte", but rather a "Beklagte einer Anfechtungsklage". "Anfechtungsklage" is translated by Dietl as an "action to rescind (or for [a] recission); action for (an) avoidance; action to set aside the declaration (resolution etc.); recissionary action". The problem is that there is also an "Anfechtung" in civil law which is also usually translated as "avoidance" or "recission" as well. This is however usually used in connection with the avoidance of a transaction. The opponent of such an avoidance is called the "Anfechtungsgegner" in Germany. This is probably not meant here, seeing as how the rest seems to be a court setting. If it really is an action before a German civil court, then the German is bad and it's probably supposed to be the "Beklagte = defendant". However, if it is before an administrative court (Verwaltungsgericht), then it could fit though it not normally used (most often it is "Beklagte einer Anfechtungsklage". There seems to be something missing between [name] and "Anfechtungsbeklagte" - I can't tell if the "Anfechtungsbeklagte" is the same person (or entity) as the "Beschwerdegegner" (=appellee), but they very well could be, i.e. "der Beklagte und Beschwerdegegner" in a "Nichtzulassungsbeschwerde" (see: http://www.bfh.simons-moll.de/bfh_1989/xx890107.htm). The same person is just playing different roles in different stages/parts of the overall legal dispute. If "der" is the word missing, then these are two different persons. In this case the costs of the defendant's attorney are to be borne by the appellee. Hope I could help. :) -------------------------------------------------- Note added at 1 hr 30 mins (2004-07-22 23:34:53 GMT) -------------------------------------------------- If this is from Switzerland, then I can not guarantee my answer at all. They seem to call something different an \"Anfechtungsklage\" as in Germany... (I just noticed your question about \"superprovisorisch\"). My suggestion applies to German court documents only. -------------------------------------------------- Note added at 1 day 3 hrs 6 mins (2004-07-24 01:10:12 GMT) -------------------------------------------------- In answer to your added note, I would use \"avoidance\" in both cases (see: http://www.parl.gc.ca/english/senate/com-e/bank-e/16ev-e.htm... -------------------------------------------------- Note added at 1 day 13 hrs 38 mins (2004-07-24 11:42:24 GMT) -------------------------------------------------- I might say \"the substitute attorney\'s fees and expenses incurred by the defendant (in the bankruptcy avoidance action)\". See: \"[PDF] Proposed rule RULE 2.060. ATTORNEYS (a) Generally. [no change] (b) ... Dateiformat: PDF/Adobe Acrobat - HTML-Version ... The court may condition substitution upon payment of, or security for, the substituted attorney’s fees and expenses, or upon such other terms as may be just. ... www.flcourts.org/sct/sctdocs/ probin/sc03-105_rule2060.pdf - Ähnliche Seiten\" I don\'t think you have to mention \"Anfechtung\" in this sentence, as it is clear from the context that the defendant here is a defendant in a bankruptcy avoidance action (see: http://www.pawb.uscourts.gov/pdfs/Opinions/JKF/04-04-02.jkf.... AND http://www.fed-soc.org/Publications/practicegroupnewsletters... AND http://www.nmcourt.fed.us/web/BCDOCS/Files/furrs/2313e.pdf). :) |
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