I was wondering what to do with Unterlassungsgläubiger in the case of a declaration of discontinuance. If it had been Unterlassungsschuldner, I could have used declarant, and I was tending here to the other party. But as usual I wondered what others had done.

Someone on Linguee had gone for ‘the party asserting the demand for restraint’, which is correct if nothing else.

There was no ProZ discussion but one on LEO looking for both terms. Someone there suggested respondent and claimant and seemed unfamiliar with German legal terminology:

Da formuliert der Herr Anwalt schon sehr tendenziös. Er stempelt ohne jedes Gerichtsurteil jemanden für alle Zukunft (“zukünftig”) als “Schuldner” ab, obwohl jemand, der etwas unterlassen soll, per definitionem niemandem etwas schuldet. Wahrscheinlich ist die Erklärung gar nicht so lange, dass man die Firmenbezeichnungen immer wieder in Kurzform wiederholen müsste.

Sometimes obligor works for Schuldner, the normal term for a who owes a duty under civil law, but often it isn’t natural English and that depends on the purpose of the text.

There was also a link to a list of terminology on a 2003 translator’s blog:

You might find this link useful:


Scroll down to The section Wettbewerbsrecht Terminolgie I

Goodness me! that takes me back to CompuServe again – I recognize the technical translator’s name and location. I take the liberty of quoting a whole post from this presumably defunct blog:

Competition Law
Terminology I

In the short time that I have been busying myself with “Disclaimers” and “Cease-and-Desist orders”, I have come across a number of terms that, although I had no difficulty in understanding what they meant (at least well enough for a non-lawyer to get an idea of what it was all about, that is), nevertheless, I really had no idea of the accepted equivalents in British or American English (they are very likely not to be the same).

This is typical of what can happen to a technical translator from time to time. He/she gets the job of translating some boring machine manual, takes a quick look through before accepting but fails to notice that the customer has slipped in a few passages that are well outside his/her own area of expertise and there is nothing to be done about it but try to get help from somebody with an idea on the subject.

It took me well over my self-allotted 30 minutes weblog time today just to put the list together. I estimate that tracking down acceptable equivalents will take at least ten or twenty times as long! I am beginning to get a feeling that for a spare-time blogger, one or two terms per day would be quite enough to track down and document! In normal translation work, of course, while it is usual to make up a terminology list, it is not usual to do it in public! I am going to see what kind of a mess I can make of this. (It is now 2 a.m. again!)

2 thoughts on “Unterlassungsgläubiger

  1. My own glossary (as you will be no longer aware) gives: cease-and-desist complainant; recipient of a cease-and-desist undertaking (in E&W: backed by an injunctive-type penalty). namley pre-restraining or prohibitive icourt njunction stage.

  2. Thanks. I was aware of the suggestion of ‘complainant’ but felt it too strong in that this was a promise rather than litigation. As for cease-and-desist undertaking, with the heading ‘Unterlassungs- und Verpflichtungserklärung’ I was torn between that and ‘declaration of discontinuance’, and decided for reasons of euphony for ‘Declaration of Discontinuance and Undertaking’.

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