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Réserves (enveloppe à conserver comme preuve).
on ne peut plus compréhensible
Jul 20, 2011 23:44
12 yrs ago
1 viewer *
French term

principe de la relativité de l'instance civile

French to English Law/Patents Law (general) Legal document/land
This term is defined in the paragraph immediately following it, but I was hoping someone might know the corresponding legal phrase. This is in a document regarding disputes over land ownership. The country is Burundi.

I. IRREGULARITES DE FORME ET DE PROCEDURE

1. Violation du principe de la relativité de l'instance civile

C'est un principe unaniment reconnu qu'un procès civil n'appartient qu'aux parties qui le conduisent comme ils l'entendent, tant au stade des plaidoiries que de l'exécution.
Proposed translations (English)
4 The requirement of standing in civil procedure
4 -1 Principle of Relevance of Civil Procedure
3 -1 principle of relativity (of contract)/res inter alios acta

Discussion

Fr-EnD Jul 21, 2011:
Afr countries often use unusual/outdated phrases Try a Google search of "principe de la relativité des instances civiles" and you will get nothing. If this were common, it would be found in France, Belgium, Quebec, Cameroon, Switzerland, etc. "Instances civiles" in this context means civil proceedings, i.e. civil lawsuits. Exécution usually means enforcement (of a judgment) in the court procedure context. The principle of "relative effect of contracts" (at common law, "privity of contract") is that contracts have effects only between the parties, and outsiders are not bound by the parties' rules. It IS true that the author of this text is trying to borrow from that concept and transplant it into a completely different realm -- that of civil court procedure. You will however find a few Google hits for "the parties are the masters of their own procedure", which is essentially what the authors mean to say.

Proposed translations

5 hrs
Selected

The requirement of standing in civil procedure

The other answers miss the mark. In one case they are referring to the idea of privity of contract, which is in a realm other than civil court procedure. In the other instance the answer makes no sense. Relevance of civil procedure? In civil law, evidence is relevant if it makes a fact in issue more likely or less likely. This is not what your text is talking about. What we are talking about here is STANDING. Unless a party has an interest in the proceedings, that party cannot be involved in them. This idea of an interest permitting one to sue or be sued is called STANDING.
Example sentence:

The Supreme Court of the United States has stated, "In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues".

Reference:

http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s158.html

Peer comment(s):
neutral Yvonne Gallagher : "locus standi" usual translation is "qualité pour agir"www.linguee.fr/anglais-francais/traduction/locus standi.htm... - Cached.
6 hrs
One might say that the principle alluded to is "STANDING PLUS". It's a notion that the parties are the masters of their own procedure in civil cases before a court and that others, without standing, don't get to interfere.
Something went wrong...
4 KudoZ points awarded for this answer.
-1
1 hr

Principle of Relevance of Civil Procedure

This is one of the fundamental principles of civil procedure.
Peer comment(s):
disagree Fr-EnD : It is not. It's a fundamental principle of the law of evidence.
9 hrs
Something went wrong...
-1
2 hrs

principle of relativity (of contract)/res inter alios acta

not sure but if this there is a contract involved this is possible. (about third party interference) More context would be good

"Res inter alios acta aliis neque nocet prodest. A contract cannot be binding upon and cannot be enforced against one who is not a party to it, even if he is aware of such contract and has acted with knowledge thereof. This is called the principle of relativity of contracts".
www.ndvlaw.com/sub-lease contract - Cached


books.google.ie/books?isbn=9041110313...A. S. Hartkamp, Christian von Bar - 1998 - Law - 652 pages
Abrogation of the principle of relativity is not possible, as this would destroy ... Civil Code, I would prefer to codify this basic principle of the law of ...

www.cnt.gouv.qc.ca/en/end-of-employment/.../index.html - Cached
The purpose of section 97 ALS is to rule out the effect of the basic civil law principle of the relativity of contracts, stated in Article 1440 of the Civil ...

Philippine Laws and Cases - Atty. Manuel J. Laserna Jr ...


attylaserna.blogspot.com/.../litigation-relativity-of-contract-lease.ht... - Cached
30 Sep 2007 – Aforesaid contracts could not affect third persons like private respondent because of the basic civil law principle of relativity of ...



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Note added at 1 day23 hrs (2011-07-22 23:12:27 GMT)
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sorry Roberta, am not sure if this is used ouside of contracts. I was hoping some others might have commented/joined in by now. I thought the bit of context you gave, "disputes over land pwnership" would have had contracts involved there somewhere!
Note from asker:
This seems to be JUST right except it's not a contract. :( Can it be used outside of contracts?
Peer comment(s):
disagree Fr-EnD : The context is procedure, not substantive law. That's absolutely clear and no further details are needed.
8 hrs
Something went wrong...
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