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liberté procédurale

English translation: take legal action


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:reprendre liberté procédurale
English translation:take legal action
Entered by: roseh
Options:
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23:38 Dec 22, 2011
French to English translations [PRO]
Law/Patents - Business/Commerce (general) / business law
French term or phrase: liberté procédurale
Company A is storing goods for Company B. Because Company B owes Company A some money, Company A is threatening to sell or destroy said goods unless they get paid.

Company B's lawyer has written a letter to Company A, including the following sentence:

"En l’absence de réponse sous huitaine, je reprendrai ma liberté procédurale".

My instinct tells me that he is threatening legal action. but I cannot find any reference to the actual meaning of the phrase "reprendre la liberté procédurale".

Can anyone help? Thanks
roseh
Local time: 03:29
take legal action
Explanation:
Whilst 'exercise procedural rights' is a correct translation of the French original and might be used by some, the phrase you suggest yourself would be naturally the much more instinctive phrase used by lawyers, companies or individuals putting another party on notice.
Selected response from:

Nikki Scott-Despaigne
Local time: 09:29
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2take legal action
Nikki Scott-Despaigne
4 +2exercise procedural rights
AllegroTrans
3 +2right to take matters further
B D Finch
3procedural freedom
writeaway
3liberty and due process / procedural due process
LaraBarnett


  

Answers


20 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
liberty and due process / procedural due process


Explanation:
Some references here

"The most obvious requirement of the Due Process Clause if that states afford certain procedures ("due process") before depriving individuals of certain interests ("life, liberty, or property"). "
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/procedu...



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Note added at 23 mins (2011-12-23 00:01:53 GMT)
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due process n.
"An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual."
http://www.answers.com/topic/due-process



--------------------------------------------------
Note added at 26 mins (2011-12-23 00:05:01 GMT)
--------------------------------------------------

"Due Process
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law."
http://en.wikipedia.org/wiki/Due_process

Reference is made in this wikipedia articel to "freedom of contract", which may be a reference to the "liberte" expressed in your phrase:
http://en.wikipedia.org/wiki/Freedom_of_contract


--------------------------------------------------
Note added at 31 mins (2011-12-23 00:10:04 GMT)
--------------------------------------------------

Maybe this article may shed some light:

"The U.S. Constitution guarantees due process because it's designed to be a "living document" that expands freedom. Let's look at a few ways it does this:..."
http://faculty.ncwc.edu/mstevens/410/410lect06.htm

Example sentence(s):
  • "Covert derogations and judicial deference: redefining liberty and due process rights in counterterrorism law and beyond. Fenwick, Helen and Phillipson, Gavin (2011) 'Covert derogations and judicial deference: redefining liberty and due process rights.."

    Reference: http://dro.dur.ac.uk/8480/
LaraBarnett
United Kingdom
Local time: 08:29
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  Cynthia Johnson: IMHO, due process is more general, in the sense of tha fact that people have the right to sue or take legal action, it doesnt mean they are going to as in this sentence, do need something about action verb, threatening to use those rights...
4 hrs
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42 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
exercise procedural rights


Explanation:
Inquiry into the Native Title Amendment Bill 2009
... their moral duty to their claim group to exercise procedural rights to ... Nor were any of the traded goods ‘subsistence resources ...
www.hreoc.gov.au/legal/submissions/2009/20090424_ntab.html - Cached
"I did not come here to defend myself": responding to war on ...
The ability to exercise procedural rights for political purposes or most other reasons is as ... For example, if a nation should lay a very heavy tariff on American goods ...
www.thefreelibrary.com/"I did not come here to defend.... - Cached
Dara Duong: February 2011
... their own interests, such as exporting petrol to Cambodia or selling goods ... the Trial, the ICC may allow victim participants to attend and exercise procedural rights in ...
dara-duong.blogspot.com/2011_02_01_archive.html - Cached
1 Draft statute - regjeringen.no
... has entered into an agreement with a tradesperson with respect to goods or ... The person having declared the intervention may exercise procedural rights pursuant to ...
www.regjeringen.no/nb/dep/jd/dok/nouer/2001/nou-2001-32/... - Cached

AllegroTrans
United Kingdom
Local time: 08:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 159

Peer comments on this answer (and responses from the answerer)
agree  Emiliano Pantoja
3 hrs
agree  gallagy2
15 hrs
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9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
procedural freedom


Explanation:
Imo the literal translation works here.

The arbitral process is consensual, based on an agreement between the parties.
The parties have procedural freedom. This means that the parties may organize their proceedings as they like and may choose an adversarial or inquisitorial procedure as they like, or a mixture of the two….An arbitral award is binding
upon the parties (p. 73).
http://epublications.marquette.edu/cgi/viewcontent.cgi?artic...

Article - George Washington University
groups.law.gwu.edu/LR/Pages/Article.aspx?ArticleID=53
Legal scholars have tended to take a more normative view. ... They also limit their procedural freedom by committing to afford additional procedures, ... Doing so requires a working definition of self-regulation and a preliminary


writeaway
Local time: 09:29
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 114
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
exercer sa liberté procédurale
take legal action


Explanation:
Whilst 'exercise procedural rights' is a correct translation of the French original and might be used by some, the phrase you suggest yourself would be naturally the much more instinctive phrase used by lawyers, companies or individuals putting another party on notice.

Nikki Scott-Despaigne
Local time: 09:29
Native speaker of: Native in EnglishEnglish
PRO pts in category: 67

Peer comments on this answer (and responses from the answerer)
agree  B D Finch: Much more natural in English than "procedural rights".
4 mins
agree  gallagy2
5 hrs
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11 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
right to take matters further


Explanation:
That is the sort of non-specific threat of further action that might be made in such circumstances.

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Note added at 11 hrs (2011-12-23 11:05:06 GMT)
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Or: pursue the matter through the courts.

B D Finch
France
Local time: 09:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 201

Peer comments on this answer (and responses from the answerer)
agree  gallagy2: both of these might also work in this context if the threat is vague
5 hrs
  -> Tha
agree  AllegroTrans: this works well and leaves "open" the right of self-help (sending the heavy squad in to get the goods back) as well as legal action (which may fail bearing in mind the fact of non-payment)//mmm... there are legal precdents for "self-help" though
5 hrs
  -> Thanks AT - don't think a lawyer would threaten the "heavies" though?
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