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recevabilité de l'action de yyyy au fond

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17:56 Oct 27, 2006
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: recevabilité de l'action de yyyy au fond
From summary statement on disputes between xxxx and yyyy, two companies.

'Les arguments développés ci-après ne sauraient constituer de la part de xxxx la reconnaissance de la recevabilité de l'action de yyyy au fond. xxxx se réserve en effet le droit d'invoquer au fond, devant la juridiction compétente, l'irrecevabilité de l'action de yyyy'

What is the meaning of 'fond' here? Is it a fund/money or is 'fond' referring to the substance/content?

All suggestions much appreciated - thank you :-)
Christopher Burin
Local time: 01:09
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Summary of answers provided
4 +1admissibility of yyyy's lawsuit/proceedings on grounds of substanceMatthewLaSon
4 +1entertainability of yyyy's action on the substantive issuexxxAdrian MM.
3 +1admissibility of the action brought by yyyy on its meritsPaula McMullan


Discussion entries: 3





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
admissibility of the action brought by yyyy on its merits


Explanation:
Here's my attempt at a translation:

The arguments set out below [hereinafter] may not be considered as acknowledgement by xxx of the admissibility of the action brought by yyyy on its merits.

Have a look at www.legifrance.gouv.fr and translate the terms between the French and English versions of the Code de procedure civile.

Paula McMullan
Local time: 01:09
Specializes in field
Native speaker of: English
PRO pts in category: 44

Peer comments on this answer (and responses from the answerer)
neutral  xxxAdrian MM.: Not wishing to be tit-for-tat, I believe the emphasis of an action being brought on its merits is wrong. Rather. it is 'admissible' on the merits.
20 hrs

agree  Conor McAuley: So: "admissibility, on its merits, of the action...". The COE Legal Dict. has "admissibility"
1 day12 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
entertainability of yyyy's action on the substantive issue


Explanation:
Admissibility of plea or action, as on Eurodicautom, is overworked. Evidence is usually admissible or not.

Au fond is on the merits or substance.



Example sentence(s):
  • of "entertainability"), such as jurisdiction over the subject matter, ... High Authority has based its action and must confine itself to strictly legal ...

    Reference: http://links.jstor.org/sici?sici=0002-9300(196207)56%3A3%3C7...
xxxAdrian MM.
Local time: 02:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858

Peer comments on this answer (and responses from the answerer)
neutral  Paula McMullan: Do you have any other examples of where this term is used in a legal source? I can't access your link and I have never come across this word in a legal context while practising as a solicitor, but I'm always willing to learn a new word.
6 hrs
  -> You practising as a Sol. in Eng. & Wales, I - noting US, Can, Oz & NZ usage - presume. Try Googling entertainable grounds, request, complaint or appeal: ncw.nic.in/RIGHT_TO_INFORMATION_ACT.pdf

agree  IanDhu
17 hrs
  -> Merci beaucoup, mate.
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3 days9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
admissibility of yyyy's lawsuit/proceedings on grounds of substance


Explanation:
Hello,

recevabilité = admissibility

action = lawsuit (proceedings)

Now, the tough part:

au fond = sur le fond = sur le fond du droit = on grounds of substance (the actual content of the lawsuit as opposed "on grounds of procedure" [la forme])

If you apply this meaning to the sentence, it makes perfect sense.

Also,

invoquer au fond = invoke inadmissibility of yyyy's lawsuit on grounds of substance (English prefers to put it at the end of the sentence).


I hope this helps.


http://www.campus.manchester.ac.uk/staffnet/policies/appeals...




    Reference: http://www.millerandzois.com/Plaintiff-Response-to-Defendant...
    Reference: httphttp://www.termium.gc.ca/guides/juridi/files/7.html
MatthewLaSon
Local time: 20:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 405

Peer comments on this answer (and responses from the answerer)
agree  gad: yes, admissibility
79 days
  -> Thanks, gad. "au fond" seems to be "on grounds of substance" as opposed to "on grounds of procedure."
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