dépens en frais privilégiés de compte, liquidation et partage
English translation: the costs in the cause to be preferential expenses of account, severance and division
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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:
dépens en frais privilégiés de compte, liquidation et partage
English translation:
the costs in the cause to be preferential expenses of account, severance and division
French to English translations [PRO] Law/Patents - Law (general) / Proceedings for dissolution of joint ownership
French term or phrase:dépens en frais privilégiés de compte, liquidation et partage
Hello,
Can someone suggest a translation and an explanation for the following phrase?
"Le tribunal ordonne l'emploi de dépens en frais privilégiés de compte, liquidation et partage"
I feel that it may simply be "The court orders the application of legal expenses shared between the parties". This is based on my understanding of a similar Proz post. But does this encompass the terms 'compte, liquidation and partage'? Are these 3 things the 'legal expenses' in question? And privilégiés' - does this mean that there is some sort of proportional cost-sharing, or simply 50/50?
Explanation: The court costs 'in the cause' come first out of the litigated (sopuses'?) property on which they are charged as preferred or preferential expenses, meaning they come top of the creditors' queue and are deducted first pre-division of property.
If this dissolution of joint ownership is severance of the joint tenancy (JT) South of the Border, namely in England & Wales, then this is likely to be in a divorce scenario in which
1. compte: mutual accounts (between the spouses?) are taken
2. liquidation: unless a winding-up of a single estate, the JT is severed, namely split, into a tenancy-in-common = separate property to devolve as each spouse's own, say, in a Will vs. accruing automatically to the other on death ('jus accrescendi') and
3. partage: with division of the estate inc. chattels and/or partitioning of land previously held in common.
TT previously Kirsty MacC in a previous incarnation.
Thank you Tom Thumb. The concept is clear to me now - your explanation is most helpful. I have settled for 'the court orders the costs to be preferential expenses of account, severance and division'.
Cheers! 4 KudoZ points were awarded for this answer
Thanks for your responses. Phil, the case concerns the separation of two co-habitees and the subsequent award of the house to one of the parties. Allegro, thanks for the link.
What is this case about? What does the joint ownership relate to?
A lot of the hits for "compte, liquidation et partage" relate to wills, where accounts are produced and the estate is then liquidated and distributed.
ordonne l\'emploi de dépens en frais privilégiés de compte, liquidation et partage
does order the costs in the cause to be preferential expenses of account, severance and division
Explanation: The court costs 'in the cause' come first out of the litigated (sopuses'?) property on which they are charged as preferred or preferential expenses, meaning they come top of the creditors' queue and are deducted first pre-division of property.
If this dissolution of joint ownership is severance of the joint tenancy (JT) South of the Border, namely in England & Wales, then this is likely to be in a divorce scenario in which
1. compte: mutual accounts (between the spouses?) are taken
2. liquidation: unless a winding-up of a single estate, the JT is severed, namely split, into a tenancy-in-common = separate property to devolve as each spouse's own, say, in a Will vs. accruing automatically to the other on death ('jus accrescendi') and
3. partage: with division of the estate inc. chattels and/or partitioning of land previously held in common.
TT previously Kirsty MacC in a previous incarnation.
Example sentence(s):
ordonné l\'ouverture des opérations de liquidation et le partage ... l'emploi des dépens en frais privilégiés de compte liquidation et partage www.easydroit.fr/jurisprudence/ct0196-15-Juin-2006/C398756
The legal definition of Costs in the Cause is The general rule in the law of costs that the ultimate victor at trial may get his or her costs against the loser www.duhaime.org/LegalDictionary/C/CostsintheCause.aspx
Tom Thumb Local time: 20:40 Specializes in field Native speaker of: English PRO pts in category: 311
Grading comment
Thank you Tom Thumb. The concept is clear to me now - your explanation is most helpful. I have settled for 'the court orders the costs to be preferential expenses of account, severance and division'.
Cheers!
The translation workplace 
peer agreement (net): +1
