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conclusions sur incident

English translation: pleadings concerning an incidental plea

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:conclusions sur incident
English translation:pleadings concerning an incidental plea
Entered by: Yolanda Broad
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21:28 Jun 20, 2005
French to English translations [PRO]
Law: Contract(s)
French term or phrase: conclusions sur incident
in relation to proceedings before the Court of Appeal of Paris
Emma B
Local time: 22:21
Finding (s) on a point of law
Explanation:
Bonjour Emma,

Je travail à le cours d'appel de Paris donc ma reponse est liée à mon travail.

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Note added at 16 hrs 0 min (2005-06-21 13:28:35 GMT)
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Emma,
even with extra info I can\'t do better....
Selected response from:

Anna Maria Augustine at proZ.com
France
Local time: 22:21
Grading comment
Thanks. I actally used the term "submissions on a point of law" but I have selected this reply as it provided the reply to the second part of the expression.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1pleadings ... see explanationChristopher RH
4 +1Finding (s) on a point of lawAnna Maria Augustine at proZ.com
3 -1findings of the jury on an incidental claimAssimina Vavoula


Discussion entries: 2





  

Answers


9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
findings of the jury on an incidental claim


Explanation:
Le Docte,Legal Dict.,Oyez,Brussels,1978

Assimina Vavoula
Greece
Local time: 23:21
Specializes in field
Native speaker of: Native in GreekGreek
PRO pts in category: 38

Peer comments on this answer (and responses from the answerer)
disagree  Christopher RH: "conclusions" are pleadings, not findings, in French law.
4 hrs
Login to enter a peer comment (or grade)

17 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Finding (s) on a point of law


Explanation:
Bonjour Emma,

Je travail à le cours d'appel de Paris donc ma reponse est liée à mon travail.

--------------------------------------------------
Note added at 16 hrs 0 min (2005-06-21 13:28:35 GMT)
--------------------------------------------------

Emma,
even with extra info I can\'t do better....

Anna Maria Augustine at proZ.com
France
Local time: 22:21
Works in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 35
Grading comment
Thanks. I actally used the term "submissions on a point of law" but I have selected this reply as it provided the reply to the second part of the expression.

Peer comments on this answer (and responses from the answerer)
agree  gad
2 hrs
  -> Thank you

agree  Nico Staes
8 hrs
  -> thanx

agree  AbdulHameed Al Hadidi
9 hrs
  -> thanks

disagree  Christopher RH: "conclusions" are pleadings, not findings. // I fail to see how "reading the question" means that these are not pleadings.
13 hrs
  -> Read the question

disagree  writeaway: conclusions are definitely pleadings-in France and elsewhere. no doubt
128 days
Login to enter a peer comment (or grade)

13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
pleadings ... see explanation


Explanation:
For "conclusions"; these are pleadings.
Always, always, always pleadings.

For the "sur incident" question I hesitate more...

One possibility is that this is an "appel incident" which, despite what Navarre says, is absolutely not an "appeal on an incidental point of law".

Dalloz lexique:
"Appel incident: Appel formé en réplique à l'appel principal, par la partie intimée (le défendeur en appel), et qui est dirigé contre l'appelant ou contre les autres intimés".
Note that the GDT uses this exact quote WITHOUT giving the source. Tsk tsk tsk.

In other words, X wins at first instance (but doesn't get all he wants), Y brings an appeal against the decision, and X counterclaims seeking MORE than what he got at first instance.
So the pleadings by X are not merely in reply to Y ("conclusions en réplique"), but also include "counterclaims in appeal".

So in that case, these would be "pleadings for counterclaim in appeal" or "cross-appeal pleadings".

Now, this is complicated slightly by the distinction between "cross-claim" and "counterclaim":
A cross-claim is (in the US anyway) a claim among parties on the same side. Thus this would apply for the case describe above where an intimé (respondent) brings an appel incident against another intimé. The UK position on this seems to be less rigid, but I'm not sure...

However, the UK position is clearer on the "cross-appeal" question, which corresponds to exactly this situation. This appears to be less "known" in the US, though Black's does give a short entry for it.


However, there is a second (and very real) possibility that this really is an "incident", not an "appel incident". In other words, one of the parties has claimed an "incident" which would, if upheld, lead the court to dismiss the proceedings. Generally these are questions of jurisdiction etc.
However, this is not really "on a point of law", but rather an "exception" such as the "exception d'incompétence" ("jurisdictional plea"), more generally an objection, or a plea in bar, or a demurrer, or an incidental plea of defence...

The final possibility is that this is indeed an appeal on an "incident", meaning that the "incident" was raised before the lower court, rejected, and this is an appeal on that incident. This would indeed be "on a point of law" and these would be pleadings on that point of law.

So more context is required to be certain which it is:

"pleadings for counterclaim (cross-claim) in appeal"
or alternatively "pleadings for cross-appeal"

or

"pleadings concerning an incidental plea" (or jurisdictional plea or plea in bar)

or

"pleadings for appeal on a point of law".



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Note added at 13 hrs 20 mins (2005-06-21 10:48:20 GMT)
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These wouldn\'t be *Swiss* proceedings would they?

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Note added at 16 hrs 53 mins (2005-06-21 14:21:27 GMT)
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Following Asker\'s note giving further context:

It would seem Y is saying X has lied and that the Court\'s decision was provided in error on that basis.
Thus, it is more of an \"incident\" than a cross-appeal. However, it also has \"cross\" characteristics since Y is asking for revision and X is bringing it before the Conseiller de la mise en état (Court of Appeals judge in charge of putting the case together, basically) .

Nevertheless, I would say that the most accurate description in this case is \"pleadings concerning an incidental plea\".


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Note added at 17 hrs 16 mins (2005-06-21 14:44:14 GMT)
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http://66.102.9.104/search?q=cache:w8ZsE6PFT_sJ:www.justice-...

Christopher RH
Local time: 22:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 106

Peer comments on this answer (and responses from the answerer)
disagree  Anna Maria Augustine at proZ.com: The question states Paris, not Switzerland
2 hrs
  -> And so? Maybe you should read my answer before disagreeing for no reason.

agree  writeaway: interlocutory pleadings?
128 days

agree  Yolanda Broad
128 days
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