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183 months ago

Uta Haubold  See profile asked this question:

Language pair:

English > German

Subject:

Law / Certificates

Level of diffculty:

Easy / medium

Word or term in question:

in equity

Context:

Decree of divorce; name of court + in equity => in Gerechtigkeit?

 

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Complete list of answers and comments

183 months ago

  See profile wrote:

Billigkeitsrecht

Ermessensentscheidung {f}

My comment:

A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all the points in issue, and determining the rights of all the parties to the suit, according to equity and good conscience. It is a declaration of the court announcing the legal consequences of the facts found.


The Court can hear certain ‘cases in equity’ (when someone wants a remedy other than damages). For example, it may:

grant an injunction;
make orders about how an estate (the money and property of someone who has died) should be handled; or
decide how a partnership should be dissolved.

My references:

http://en-de.dict.cc/deutsch-englisch/Ermessensentscheidung.html

Comments by other colleagues on this answer:

183 months ago

tbx technical translations  See profile wrote:

Hello Jiggslaw, if the question referred to the decree rather than the name of the court, I have no objection to it. Thomas

183 months ago

JIGGSLAW- Coordinator of the Linguist-Lawyers Network  See profile wrote:

Hello Thomas, I just made my comment taking into account my practical experience as lawyer.

183 months ago

tbx technical translations  See profile wrote:

Equity-Gericht

My comment:

eigentlich "equity court" oder "court of equity"; ein Gericht, das nach equity-Recht urteilt

Comments by other colleagues on this answer:

183 months ago

JIGGSLAW- Coordinator of the Linguist-Lawyers Network  See profile wrote:

"A decree in equity" and "court of equity" are not the same thing for lawyers. A court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it. A decree in Equity is a sentence or order of the court, pronounced on hearing and understanding all the points in issue, and determining the rights of all the parties to the suit, according to equity and good conscience http://www.gillhams.com/dictionary/670.cfm http://dictionary.reference.com/browse/equity

183 months ago

www.buero-garisch.de  See profile wrote:

Billigkeit bzw. hier: Billigkeitsgericht

The asker rated this answer best