International Legal English Page 1
Glossary "International Legal English" A-Z
Glossary "International Legal English" A-Z
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abuse of a dominant position
Amtsmissbrauch/Machtmissbrauch
(UK) situation that occurs when one firm is in a position to be able to act completely independently of its competitors, customers or consumers, remaining profitable and engaging in conduct that is likely to impede effective competition in that market. It is this last part, the hindrance of effective competition, which is prohibited in most jurisdictions rather than the mere situation of dominance. Some examples of abusive behavior include the refusal to grant licences, geographical price discrimination, unjustified refusal to supply or predatory pricing
(US abuse of monopoly power)
acquired company
übernommene/erworbene Gesellschaft
(UK) company that has been merged into another company and is therefore no longer in existence
(US transferor)
acquirer
Erwerber
company that gains control over another company
acquiring company
übernehmende/erwerbende Gesellschaft
(UK) company that has gained control over another company through a merger and remains in existence after the merger
(US survivor)
acquisition of controlling shares
purchase of shares owned by shareholders who have a controlling interest
actual damages
(unmittelbarer Schaden)
see general damages
ad hoc
zu diesem Zweck
for this purpose
adjudicate
urteilen
to make a formal decision about something; to act as judge in a dispute
adopt into law
als Recht annehmen
to accept as part of a greater system of laws through legislative process
adversarial system
gegnerisches System
system where two sides disagree with and oppose each other
advocate
Anwalt/Advokat
person who pleads in court
affidavit
eidesstattliche Versicherung/Erklärung
written statement which might be used as proof in court that somebody makes after they have sworn officially to tell the truth
alienability
Übertragbarkeit
possibility to be transferred
annual general meeting (AGM)
Jahreshauptversammlung
yearly meeting of shareholders of a company where various company actions may be presented and voted upon
answer
Stellungsnahme
principal pleading by the defendant in response to a complaint
anticipatory breach
Vertragsbruch vor Fälligkeit der Leistung
breach of contract committed before performance is due. The non-breaching party may regard this as an immediate breach and sue for damages
anti-competitive
wettbewerbswidrige Abrede
(UK) describes conduct that harms the market or limits competition among businesses
(US restraint of trade)
antitrust
Kartellrecht
(US) body of law that regulates business activities and markets, especially agreements and practices that limit competition
(UK competition law)
apparent authority
scheinbare Autorität
power which an agent appears to have, or holds himself out as having, and which a third party reasonably believes actually exists, though not formally granted by its principal/employer
appellant
Beschwerdeführer/Bittsteller
person who appeals a decision to a higher court
(US) see petitioner
appellate court (also: court of appeal, appeals court)
Berufungsgericht
court which reviews judgments held by lower courts
arbitral award
Schiedsspruch
decision of a panel of one or more people who officially decide how an argument between two disputing parties should be settled. It is the arbitral equivalent of a judgment in a court of law
arbitration
Schiedsgericht
reference of a dispute to an impartial person or panel chosen by the parties who agree in advance to abide by the arbitration award issued after the hearing at which both parties have an opportunity to be heared
arbitration clause
Schiedsgerichtsbarkeitsklausel
clause in a contract that, among other things, requires the parties to arbitrate disputes arising under the contract
(requires= verlangen / to arbitrate= schlichten / arising = aufkommende)
articles of association
Statuten
(UK) document that defines a company's internal organisation
(US bylaws)
asset
Vermögen
any property that is owned and has value
asset protection
Vermögensschutz
method of minimising the risk of loss of one's property from business and personal liabilities
assign
abtreten
to transfer (rights) to another
assignee
Bevollmächtigter
person who receives an assignment
assignment of contract
Abtretung eines Vertrages/Abtretungsvertrag
transfer of a contract to another person
assignments of rights
Abtretung von Rechten
transfer of rights to another person such that the person to whom the rights have been transferred receives full benefits under the contract
associate
junior lawyer in a law firm
attachment
dinglicher Arrest
seizure or taking into custody by virtue of a legal process
(seizure = Zugriff / custody = Haft/Untersuchungshaft / by virtue of = aufgrund)
attachment lien
Zurückbehaltungsrecht
prejudgment lien, provisional in nature, created in assets seized in accordance with a court order or a writ of attachment
(prejudgment = Vorverurteilung / provisional = vorläufig / accordance = Übereinstimmung / writ = Erlass/Verfügung)
authorised share capital
Grundkapital
total amount of stock a company may offer to its shareholders. It is also known as nominal capital.
(US authorized shares)
bailiff
Gerichtsvollzieher
(UK) an officer of the sheriff who makes arrests and serves writs
(US) a court officer who keeps order during court proceedings
balance sheet
Bilanz (-übersicht)
financial statement showing a company's assets, liabilities and equity on a given date
the Bar
Anwaltschaft
(US) legal profession
(UK) the profession of barristers (barrister = Anwalt=
bar association
Anwaltskammer
organisation of lawyers which may regulate the profession
bar examination
Rechtsanwaltsprüfung
(US) written examination taken by prospective lawyers in order to qualify to practise law
