Rechtsbefehl der Unterlassung

12:42 Jan 8, 2009 

@derek: yes, thats the idea..."in absence of a(ny) legal imperative to do so" Thanks :-)

@chamito: Would it be possible to give us a tiny whee bit more contextual information?

12:24 Jan 8, 2009 

I see where you are coming from, Heike. I suppose one could view the word "Rechtsbefehl" as a type of all-encompassing "legal imperative", instead of "order" which is rather specific.

12:00 Jan 8, 2009 

Provided that the non-existant German word "Rechtsbefehl" was used in its literal context, i.e., das Recht befiehlt etwas ... then a correct interpretation could be:
A legal relationship that binds specific persons can only be violated by those persons. Third parties (i.e. other, *unspecified*, persons) cannot violate a right to claim (damages) (under the questioned legal relationship) in absence of their legal compellability to refrain from such violation.

Plainly speaking: The law says you can only violate the contract if you are a party to it. Third parties cannot violate any rights under the specific contract simply because the law doesn't provide for this in the first place - mangels Rechtsbefehl der Unterlassung.

11:47 Jan 8, 2009 

This is a legal context, isn't it?

11:45 Jan 8, 2009 

From the Oxford dico entry under forbear:

ORIGIN
Old English forberan (seefor-,bear1). The original senses were 'endure, bear with', hence 'endure the absence of, do without', also 'control oneself', hence 'refrain from' (Middle English).

11:27 Jan 8, 2009 

I am not sure where you got your definition for "forbear", but it is incorrect (see http://www.google.de/search?hl=de&q=forbear definition&btnG=... ).

11:21 Jan 8, 2009 

I cannot see that these can be used interchangeably. "Forbear" is defined as "to put up with, suffer", while "desist" is defined as "refrain (from), not to do" etc. An "order to forbear" would therefore be an order to put up with something you didn't like, AFAICS. While the German to me means just as posted - or IOW a legal injunction requiring (ordering) that a person etc. cease a particular course of action.