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Election de domicile

English translation: Address for service


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:Election de domicile
English translation:Address for service
Entered by: Alain Mouchel
Options:
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- Include in personal glossary

11:08 Jan 20, 2012
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Terms and conditions
French term or phrase: Election de domicile
Pour l’exécution des présentes et des ses suites, les Parties élisent domicile en leur siège social respectif indiqué aux présentes.
Nadège Aubert
Local time: 20:35
Address for service
Explanation:
The address for service of the Parties shall be that of their respective home office as mentioned herein.
Selected response from:

Alain Mouchel
Local time: 20:35
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +7Address for service
Alain Mouchel
4election of domicilecc in nyc
3Elected place of residence (for all legal purposes)
michael cawley
3Choice of domicile
pooja_chic
3 -2The parties choose their place of residence.
Nils Andersson
Summary of reference entries provided
glossaryJennifer White
SJLD
address for service (ref court rules, UK)
Nikki Scott-Despaigne

Discussion entries: 5





  

Answers


8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Elected place of residence (for all legal purposes)


Explanation:
I think this is quite straightforward though like yourself i can't think of a neat formula in English - I suggest these immediate terms, off th top of my head

michael cawley
Local time: 20:35
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Beatriz Candil Garcia
1 min

neutral  SJLD: people don't live in head offices/I suggest people check the glossary
4 mins
  -> good point - obviously not a question of 'residence' in the real sense but what do you suggest ?

neutral  charbok: In this context, I would suggest " to be set" i.e: Each side is set in..."
18 mins

disagree  Nikki Scott-Despaigne: "address for service" yes; home office, no! Siège social means head office or even registered office, depending on context. // Sorry, I'd meant this for Alain Mouchel!!! It's a disagree!!!
6 hrs

disagree  AllegroTrans: nothing to do with residence; address for service can be c/o lawyers or a temporary address, at a head office (which is hardly a "residence"..think about it)
8 hrs

agree  fourth: "Residence" has nothing to do with necessarily with where you live SJLD. Certainly it has to do with notices (legal purposes) I think Allegro and NSD should delete
9 days
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57 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +7
Address for service


Explanation:
The address for service of the Parties shall be that of their respective home office as mentioned herein.

Alain Mouchel
Local time: 20:35
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 186
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  SJLD: head office http://www.linguee.fr/francais-anglais/traduction/lection dom...
1 hr

agree  cc in nyc
1 hr

agree  fourth: yes. for notices
6 hrs

agree  Liliane Hatem
7 hrs

agree  AllegroTrans: but NOT "respective home office"
7 hrs

agree  Nikki Scott-Despaigne: I'd confused your answer with the one above, hence my "home ofice" comment above. Yes for "address for service", std bus/leg English in the UK. No for "home office" though; head office though (see disucssion).
8 hrs

agree  pooja_chic
1 day5 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
The parties choose their place of residence.


Explanation:
This is actually quite complicated. The "domicile" is crucially important
under UK (and Irish) law, especially for the determination of tax
liability. The concept is not important in the US, at least not for
tax purposes. And, contrary to the French text (although French
law may be different) you cannot just "elect" your domicile, that would
be far too easy. Nevertheless, that is the source.

Nils Andersson
United States
Local time: 11:35
Works in field
Native speaker of: Native in SwedishSwedish, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: nothing to do with residence or domicile; it's an address for serving documents, and can be the address of the party's lawyers
7 hrs

disagree  Nikki Scott-Despaigne: At least 3 types of "domicile" under UK law : domicile of origin , - of choice, - of dependence. However, none is relevant here as this is about the address for service of documents, for corporate entities, usually the chart'd or cert'd accountant's offic
9 hrs
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
election of domicile


Explanation:
But it's already in Proz/Kudoz, as posted by Jennifer.
http://www.proz.com/kudoz/french_to_english/real_estate/6767...

Here are some additional references:
https://aegir.koumbit.net/tos#TermsOfService.2BAC8-GeneralPr...
http://books.google.com/books?id=LU8SAAAAYAAJ&pg=PA67&lpg=PA...
http://www.intermodes.com/en/gcs

cc in nyc
Local time: 14:35
Native speaker of: English
PRO pts in category: 91

Peer comments on this answer (and responses from the answerer)
neutral  SJLD: any refs that are not translations from French?
2 hrs
  -> OK, I got that one out of my system :o

disagree  AllegroTrans: sorry but this is not an English expression but poorly translated French, and in this context "domicile" is a faux-ami
5 hrs
  -> I promise never to use it again (in this context) :o

agree  Jennifer White: Poorly translated? Then why does my Hachette dictionary agree with you??!/I've used it too and will continue to do so!!
1 day2 hrs
  -> Thank you. It has been accepted without objection (by folks who know more legal than I do) on translations I've done... but web references for this context all seem to be translated from French.
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1 day6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Choice of domicile


Explanation:
http://www.larousse.com/en/dictionaries/french-english/Elect...
Widely used
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:...

pooja_chic
Local time: 00:05
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
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Reference comments


9 mins peer agreement (net): +2
Reference: glossary

Reference information:
http://www.proz.com/kudoz/french_to_english/real_estate/6767...

and others

Jennifer White
United Kingdom
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2

Peer comments on this reference comment (and responses from the reference poster)
agree  SJLD: indeed, noting that this has nothing to do with residence and that the chosen answer and glossary entry is wrong/it's just not used in this context
7 mins
  -> My Oxford-Hachette dictionary gives "élire domicile" as "to elect domicile".
agree  AllegroTrans: I trust you are pointing out that the glossary entry contains answers that are quite wrong, albeit the "winner" is 100 per cent correct
14 hrs
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12 mins
Reference

Reference information:
http://www.proz.com/?sp=gloss/term&id=14440379

SJLD
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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10 hrs peer agreement (net): +1
Reference: address for service (ref court rules, UK)

Reference information:
The term « élection de domicile » is used for individuals as well as companies. Likewise, for procedural situations, a private individual in the UK will sign a document expressing the “address for service” of documents. (Even Wikipedia has it! http://en.wikipedia.org/wiki/Service_of_process). By default, corporate entities will have their official documents sent to their “registered office”, which is why that address is usually with their chartered or certified accountant as they have to make sure they meet deadlines on a regular basis for submitting important documents to the tax office etc.
http://www.juritravail.com/lexique/Domicile.html
« L'"élection de domicile" est le choix d'un lieu que fait une personne pour les besoins de l'exécution d'un contrat ou pour le besoin d'une procédure . La constitution d'un avocat par une partie à un procès vaut élection de domicile au cabinet de celui-ci . »


http://www.justice.gov.uk/guidance/courts-and-tribunals/cour...

Address for Service

3.1

The defendant must include in the acknowledgment of service an address for the service of documents1.

3.2

Where the defendant is represented by a legal representative2 and the legal representative has signed the acknowledgment of service form, the address must be the legal representative’s business address; otherwise the address for service that is given should be as set out in rule 6.23.

Nikki Scott-Despaigne
France
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 85

Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans: exactment, m'learned friend, "address for service" is also frequently a lawyer's address
4 hrs
  -> When the **** hits the fan, yes!
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Changes made by editors
Feb 3 - Changes made by Alain Mouchel:
Created KOG entryKudoZ term => KOG term


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