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  3. Law (general)

Gläubiger

English translation: obligee

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Gläubiger
English translation:obligee
Entered by: Antoinette-M. Sixt Ruth

03:12 Feb 29, 2012
German to English translations [PRO]
Law/Patents - Law (general) / Family Law
German term or phrase: Gläubiger
from a restraining order in German:

Handelt der Antragsgegner einer Verpflichtung aus einer Anordnung dieser Entscheidung zuwider, eine Handlung zu unterlassen, kann der "Gläubiger" zur Beseitigung einer andauernden Zuwiderhandlung einen Gerichtsvollzieher zuziehen.

My question is this: would der "Gläubiger" be the petitioner who initiated the restraining order (a female person) or the attorney who is also a woman?

I assume it would be the attorney; but I still find it strange that reference to "der Gläubiger" should be made.

Can anyone shed light on this matter, please?
Antoinette-M. Sixt Ruth
Local time: 06:43
obligee
Explanation:
Could be another option.

See link below.

The individual to whom a particular duty or obligation is owed.

The obligation might be to pay a debt or involve the performance or nonperformance of a particular act.

Selected response from:

Martina Kilgo
United States
Local time: 07:43
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2petitioner
David Hollywood
3 +2obligee
Martina Kilgo
4Applicant
AllegroTrans


Discussion entries: 2





  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
petitioner


Explanation:
I would say

--------------------------------------------------
Note added at 11 mins (2012-02-29 03:23:33 GMT)
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www.restrainingorderblog.com/.../protective-order-petitione... Dec 2009 – A protective order does not prohibit the petitioner from contacting the respondent. If the petitioner contacts the respondent, the petitioner is not ...

--------------------------------------------------
Note added at 12 mins (2012-02-29 03:25:00 GMT)
--------------------------------------------------

File Format: PDF/Adobe Acrobat - Quick View
(Petitioner Instructions). Who May Apply? A person who is a victim of harassment may seek a restraining order from the Court. The parent or guardian of a minor ...

David Hollywood
Local time: 08:43
Works in field
Native speaker of: English
PRO pts in category: 318

Peer comments on this answer (and responses from the answerer)
agree  Jon Fedler: i.e literally, the creditor, so it would be the petitioner
27 mins
agree  MalteLaurids: I'm puzzled as to why Gläubiger is used instead of Antragsteller. Is it in quotation marks in the original text? Any information regarding the restraining order itself?
1 hr
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
obligee


Explanation:
Could be another option.

See link below.

The individual to whom a particular duty or obligation is owed.

The obligation might be to pay a debt or involve the performance or nonperformance of a particular act.




    Reference: http://legal-dictionary.thefreedictionary.com/obligee
Martina Kilgo
United States
Local time: 07:43
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 11

Peer comments on this answer (and responses from the answerer)
agree  David Wright: I've come across this in many instances. If the author had wanted to say petitioner he would have used Antragsteller.
1 hr
agree  Johannes Gleim: also debtee; debtee [finan.] der Gläubiger | die Gläubigerin http://dict.leo.org/ende?lp=ende&lang=de&searchLoc=0&cmpType...
1 hr
neutral  AllegroTrans: although correct from a "sense" point of view, I have NEVER seen this word used in a Court document; I practice as an advocate in England
12 hrs
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Applicant


Explanation:
Cyprus: An Applicant Cannot Abuse The Machinery Of The Mareva ...
In a recent decision of a Cyprus Court, it has been held that an applicant cannot abuse the machinery of the mareva injunction in order to trap a respondent, in the ...
www.mondaq.com/x/147538/Arbitration Dispute Resolution/... - Cached
[PDF]
Advice Note
Adobe PDF
A freezing injunction does not provide the applicant with any security over assets and nor does it give the applicant any prior rights over assets ahead of any other ...
www.pinsentmasons.com/PDF/FreezingInjunctions.pdf
Environment and Land Law Reports
... circumstances under which a mandatory interlocutory injunction to be granted-whether the applicant had justified the granting of an order of mandatory injunction -Order ...
www.kenyalaw.org/...cases_index.php?SearchTerm2=Injunction - Cached
Guide to Injunctions and Injunction Law | Ashfords LLP
As mentioned above, there is an obligation on the applicant for an injunction (an particularly in the case of an "ex parte" application) to inform the Court of any point ...
www.ashfords.co.uk/news/guide_to_injunctions - Cached

AllegroTrans
United Kingdom
Local time: 12:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 165
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