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par énumération

English translation: by enumeration

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15:16 Jul 8, 2008
French to English translations [PRO]
Law/Patents - Finance (general)
French term or phrase: par énumération
I'm translating an article about the legal consequences of the subprime lending crisis. It contains the following sentence:

"En effet, le droit américain légiférant ***par énumération***, les exceptions au droit de la faillite doivent être très précisément indiquées au sein du Code sous peine de ne pouvoir bénéficier du traitement de safe harbor."

I understand what it's saying (I think!) - that exceptions to standard treatment of bankruptcy have to be specifically spelt out because the way US law is made requires every individual principle/issue/exception to be explicitly identified. I just can't think of a succinct way to put it in English.

Thanks in advance for any help.
Rob Grayson
United Kingdom
Local time: 16:31
English translation:by enumeration
Explanation:
Why not? It wasn't hard to find an instance of the word in an opinion of a U.S. federal bankruptcy court judge:
"Although the statute does not explicitly say that no other prepetition claims will be paid on a priority basis, it is clear from the specific enumeration of those claims that the Code does not intend that any others be paid."
Selected response from:

rkillings
United States
Local time: 08:31
Grading comment
In the end I went with "by enumeration" - I decided that the context provided enough additional information for the reader to understand what this means. Thanks to everyone for your suggestions.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4by enumerationrkillings
4individual listing
kashew
4detailing
fourth
3NFG - depends on precedentCharles Hawtrey
3illustrative
Radu DANAILA


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
individual listing


Explanation:
"by enumeration" is probably accepted legal language.

kashew
France
Local time: 17:31
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48
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23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
illustrative


Explanation:
" the american law system being an illustrative one, ..."


    Reference: http://w3.granddictionnaire.com/BTML/FRA/r_Motclef/index1024...
    Reference: http://ec.europa.eu/justice_home/funding/2004_2007/daphne/il...
Radu DANAILA
Romania
Local time: 18:31
Works in field
Native speaker of: Native in RomanianRomanian
PRO pts in category: 24
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
detailing


Explanation:
itemizing,listing,recapitulating,specifying

fourth
France
Local time: 17:31
Native speaker of: Native in EnglishEnglish
PRO pts in category: 140
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
by enumeration


Explanation:
Why not? It wasn't hard to find an instance of the word in an opinion of a U.S. federal bankruptcy court judge:
"Although the statute does not explicitly say that no other prepetition claims will be paid on a priority basis, it is clear from the specific enumeration of those claims that the Code does not intend that any others be paid."


    Reference: http://www.nmcourt.fed.us/usbc/files/starzynski/opinions/02-...
rkillings
United States
Local time: 08:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1140
Grading comment
In the end I went with "by enumeration" - I decided that the context provided enough additional information for the reader to understand what this means. Thanks to everyone for your suggestions.
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
NFG - depends on precedent


Explanation:
Have a look at "common law" in Wikipedia. Apart from the fact that the word 'precedent' occurs 20 times, I have a feeling this is what the original is driving at: previous decisions are used to for deciding cases are, not enacted statute.
I am not a lawyer, though (although I did study it a bit) so I may be totally wrong. I can't find a better term that what I put above, either.

--------------------------------------------------
Note added at 18 hrs (2008-07-09 09:43:49 GMT)
--------------------------------------------------

Sorry - 'better term **than** what'.
Also I should have mentioned that FR law is fully codified, unlike UK and US common law.

Charles Hawtrey
Local time: 16:31
Native speaker of: Native in EnglishEnglish
PRO pts in category: 26
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