Übersetzung für "Pecuniary claim" in Deutsch

The assignment of a pecuniary claim remains unaffected by this clause.

Any pecuniary claim by us against you remains unaffected by this.

The proposed procedure should cover all situations in which a creditor, given the verifiable absence of any dispute by the debtor over the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor’s express consent, be it a settlement approved by a court or an authentic instrument.

The concept of ‘uncontested claims’ should cover all situations in which a creditor, given the verifiable absence of any dispute by the debtor over the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor’s express consent, be it a settlement approved by a court or an authentic instrument.

The term "claim" is defined rather narrowly in the proposed regulation as "a pecuniary claim for a specific amount that has fallen due".

This proposal is designed to enable creditors who have obtained an enforceable judgment in respect of a pecuniary claim which has not been contested by the debtor to have it enforced directly in another Member State, so as to ensure the free circulation of judgments.

T the Civil Law it is only possible to claim pecuniary, not moral, damages, which is clearly not sufficient as in many cases of discrimination there will be no actual damages sustained.

Should VEGA’s pecuniary claim be endangered by financial difficulties encountered by the customer after conclusion of the contract (this is especially the case if there is an insolvency request or a protest of a bill), VEGA has the right to send cash-on-delivery parcels, to demand payment in advance, to retain merchandise not yet delivered, as well as to stop work on current orders and to rescind contracts already concluded with the customer, inasmuch as the customer has not made an advance payment or provided collateral.

If it becomes apparent after the conclusion of the contract that our pecuniary claim is endangered due to inability of the partner to pay, then we have the right to refuse to perform further services and give the purchaser an equitable period of time during which he must pay for the delivery step by step or provide security.

This is of substantial importance, since in the past occasionally the maturity of the account was drawn however in doubts or the pecuniary claim of the owner was shortened around 15%, if had to become estimated.

In the event of default of acceptance, zebris Medical GmbH shall, in addition to the pecuniary claim, have the right either to fix a new delivery date, withdraw from the Contract or claim damages for the delay.

The right to refusal of services remains intact even in cases of major worsening of the client's economic situation occurring after the conclusion of the contract that puts the pecuniary claim of PRAD at risk.

Instead, this residual electricity volume was granted – in a way not linked to the operation of a particular power plant – in return for a waiver of asserting a pecuniary claim.

European order for payment procedure simplifies the procedure for recovery of uncontested civil and commercial claims (i.e. claims where there is no dispute over whether the pecuniary claim is based on sufficient merits of the case) between the Member States.

European order for payment procedure simplifies the procedure for recovery of uncontested civil and commercial claims (i.e. claims where there is no dispute over whether the pecuniary claim is...

Paragraph 1 confines the applicability of the European order for payment procedure to the recovery of liquidated and payable pecuniary claims.

Should a European order for payment procedure be limited to pecuniary claims ?

Should a European order for payment procedure be limited to pecuniary claims?

Pecuniary claims can be enforced by distraint against a debtor’s assets.

This reservation of consent shall not apply to purchase price claims and other pecuniary claims.

In the above cases pecuniary claims may be recovered through court proceedings.

At present, there are 27 different legal systems to deal with with regard to limitation periods for pecuniary claims related to different types of accident.

In accordance with the programme of measures for the implementation of the principle of mutual recognition and the priorities as set out therein and in line with the preparatory work carried out in the Council Committee on Civil Law Matters, the Commission is hereby proposing a Council Regulation on a European Enforcement Order for uncontested pecuniary claims that eliminates all checks on judgements handed down in one Member State as a prerequisite for enforcement in another Member State.

Whilst this nature of the order for payment procedure as a mandatory first step of all proceedings dealing with pecuniary claims below the ceiling established by Austrian law can be explained by the specific circumstances in that Member State48, it remains to be seen if this reasoning is considered appropriate at the European level.

Based on the assumption that the Council will in due course adopt a regulation based on the Commission proposal for a Regulation creating a European Enforcement Order for uncontested claims120 which aims at abolishing exequatur for all court decisions on uncontested pecuniary claims under certain conditions it is clear that a European order for payment would also fall within the scope of application of that regulation.

Whilst in most Member States (Austria, Belgium, Germany, Greece, Luxembourg, Portugal, Spain) the scope of application of a specific procedure for the acquisition of an enforceable decision that is based on the presumption that the claim will remain uncontested and implies the “inversion du contentieux” is limited to pecuniary claims for a specific amount.

This Regulation applies to pecuniary claims in civil and commercial matters in cross-border cases as defined in Article 3, whatever the nature of the court or tribunal concerned (the ‘court’).

The application of the Regulation has generally improved, simplified and accelerated the handling of uncontested pecuniary claims in cross-border disputes.

The Commission can accept the common position which, although modifying some specific features of the Commission’s original proposal as amended following Parliament’s opinion, remains faithful to the objective of simplifying, speeding up and reducing the costs of litigation concerning uncontested pecuniary claims.

It goes without saying that the admission of all (pecuniary) claims would be the clearest solution as every restriction would inevitably give rise to interpretative difficulties concerning the distinction between eligible and ineligible claims42 and necessitate an examination by the court or competent authority before issuing the order.

In view of the numerous guarantees required for obtaining a European Enforcement Order, this raises the question of whether pecuniary claims for an undetermined amount should not be included, too.

The purpose of this Regulation is to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims by creating a European order for payment procedure, and to permit the free circulation of European orders for payment throughout the Member States by laying down minimum standards, compliance with which renders unnecessary any intermediate proceedings in the Member State of enforcement prior to recognition and enforcement.

The European order for payment procedure shall be established for the collection of pecuniary claims for a specific amount that have fallen due at the time when the application for a European order for payment is submitted.

They would furthermore make it possible to take account of all forms that claims of the public authorities relating to taxes, duties, levies, refunds and interventions may take, including all pecuniary claims against the taxpayer concerned or against a third party which substitute the original claim.

After the second postal reform in 1995, Deutsche Post continued to assume the responsibility to finance all pecuniary claims of civil servants under the terms of Article 2(3) PostPersRG 1994 but was partly relieved from the payment of the civil servants' pension costs.