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attendu de principe

English translation: basic rule of law applicable to the case

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13:10 Nov 4, 2007
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: attendu de principe
talking about Cour de Cassation's position on US trusts: "Il marque une position plus modérée de la Cour de Cassation dans la mesure où dans ses attendus de principe elle ne reprend pas la qualification de donation indirecte..." Attendu is "ground" here, but what's the phrase? Thanks!
Mpoma
United Kingdom
Local time: 19:58
English translation:basic rule of law applicable to the case
Explanation:
Concisely stated, basic legal rule cited by the court which governs, or applies to, the case being decided. Not to be confused with "arret de principe" which is a 'landmark decision'. Not the same thing as the 'holding', although a court's holding could be cited as an 'arret de principe' by a court in a subsequent case. Ex. "n’est pas contraire aux bonnes mœurs la cause de la libéralité dont l’auteur entend maintenir la relation adultère qu’il entre-
tient avec le bénéficiaire"
Selected response from:

Attorney DC Bar
Local time: 20:58
Grading comment
excellent - thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1basic rule of law applicable to the caseAttorney DC Bar
3 -1reasons for judgmentRafael Wugalter


Discussion entries: 1





  

Answers


8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
basic rule of law applicable to the case


Explanation:
Concisely stated, basic legal rule cited by the court which governs, or applies to, the case being decided. Not to be confused with "arret de principe" which is a 'landmark decision'. Not the same thing as the 'holding', although a court's holding could be cited as an 'arret de principe' by a court in a subsequent case. Ex. "n’est pas contraire aux bonnes mœurs la cause de la libéralité dont l’auteur entend maintenir la relation adultère qu’il entre-
tient avec le bénéficiaire"

Attorney DC Bar
Local time: 20:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 205
Grading comment
excellent - thanks

Peer comments on this answer (and responses from the answerer)
agree  Istvan Nagy
19 mins
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9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
reasons for judgment


Explanation:
They are indeed the legal principles that govern and account for the Court's judgment. In common law systems, they would probably be called the "reasons for judgment".

Rafael Wugalter
Canada
Local time: 14:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 42

Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: "Reasons for judgment", which is the entire legal analysis and is very similar to the 'opinion' in the US, seems to be a lot broader than "attendus de principe", which are just the applicable legal rules. See http://www.aat.gov.au/SpeechesPapersAndResearc
5 hrs
  -> Perhaps "ratio decidendi", as dist. from "obiter dictum", would be more appropriate then. The problem with the "basic rule" entry is that it doesn't make it clear that it is the rules as stated by the Court. Perhaps "basic leg. princ. stated by the Ct."
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