threatened在法律文件中的释义解析

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首先我们先来看下Law Insider网站关于threatened的英文含义:

 

1 a claim, Proceeding, dispute, action, or other matter will be deemed to have been "Threatened" if any demand or statement has been made (orally or in writing) or any notice has been given (orally or in writing), or if any other event has occurred or any other circumstances exist, that would lead a prudent Person to conclude that such a claim, Proceeding, dispute, action, or other matter is likely to be asserted, commenced, taken, or otherwise pursued in the future.

第一种定义表示无论是发出或做出“要求”、“声明”或“通知”,还是任何其他“事件”或“情形”的发生,使谨慎的人(prudent Person)推断诉讼“可能被提起”。在此种情况下,threatened按“可能提起的”、“潜在的”理解比较合适。

 

2 a claim, Proceeding, dispute, action, or other matter will be deemed to have been "Threatened" if any demand or statement has been made (orally or in writing) or any notice has been given (orally or in writing).

第二种定义仅限于发出或做出“要求”、“声明”或“通知”。在此种情况下,threatened按“威胁提起的”理解比较合适。

 

3 means that a claim, Proceeding, dispute, action, or other matter will be deemed to have been “Threatened” if any demand or statement has been made in writing, or any notice has been given in writing that would lead a reasonably prudent Person to conclude that such a claim, Proceeding, dispute, action, or other matter will, with substantial certainty, be asserted, commenced, taken or otherwise pursued in the future; provided, however, that the foregoing shall not include customer billing disputes in the Ordinary Course of Business.

由第三种定义可知:提起诉讼带有极大的确定性。在此种情况下,threatened按“拟将提起的”理解比较合适。

 

另外经查询字典:threaten的基本意思是「威胁」,指用某物或某些含有威胁意味的话来恐吓某人使其按照自己的意愿办事,含有如果不服从,将会产生严重的后果的意味。threaten还有「可能会降临」的意思,指在某事未发生之前通过某些预兆来推断其将会发生。

 

双语例句:

1.

The Licensee shall, at the request of the Licensor and at the Licensor’s expense, give full cooperation to the Licensor in any action or claim brought or threatened to be brought in respect of the Licensed Trademarks, including joining in as a party to any proceedings.

 

对于就受许可商标提起或拟将提起的诉讼或赔偿,应许可方要求并由许可方支付费用,被许可方应给予许可方充分合作,包括作为当事人参与任何诉讼。

2.

 

Mr. Luo has confirmed that such company was incorporated on July 1, 2005 and was principally engaged in information consultancy. As it was dissolved by the decision of its shareholders and directors to cease operation, Mr. Luo did not have any misconduct which had resulted in its dissolution, and is not aware of any claims or threatened potential claims arising from its dissolution. During the term of his service as a supervisor of such company, Mr. Luo performed his duties as a supervisor only and was not involved in any misconduct or illegal acts in the course of the dissolution of such company, which was solvent upon its dissolution or deregistration.

 

罗先生确认该公司成立于2005年7月1日,主要业务性质为信息咨询,因其股东及董事决定终止经营而解散,罗先生本身并无行事不当以致该公司解散,且并不知悉由于该公司解散而面临的任何申索或将面临的潜在申索,罗先生出任该公司监事期间仅参予履行该公司监事所需职责,在解散该公司过程中亦无涉及任何不当行为及不法行为,而该公司于解散或撤销注册时具有偿债能力。

 

发布于 2023-02-04 18:22:55
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