KudoZ home » French to English » Law (general)

l'un à défaut de l'autre

English translation: jointly or severally

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:l'un à défaut de l'autre
English translation:jointly or severally
Entered by: Stephanie Mitchel
Options:
- Contribute to this entry
- Include in personal glossary

10:55 Jun 23, 2004
French to English translations [PRO]
Law/Patents - Law (general) / summary pleadings/criminal case
French term or phrase: l'un à défaut de l'autre
Good morning everyone. In these summary pleadings in a case on check fraud, this phrase wraps things up. I figure this means "either one or the other" but what's the legal wording?

"Condamner Monsieur X et Y, in solidum, l'un à défaut de l'autre, à payer aux concluantes la somme de ... à majorer des intérêts compensatoires depuis le 24.04.2001 et des intérêts judiciaires."

Also, bonus question: is 'Monsieur' singular for a reason, indicating their joint liability? Elsewhere in the pleadings it's always "Messieurs." (Don't worry, I won't base kudoz points on whether or not you answer that - I'm just curious.)
Stephanie Mitchel
United States
Local time: 18:00
or severally
Explanation:
in solidum, l'un à défaut de l'autre= jointly OR severally


they are jointly and severally obligated BUT they are ordered to pay costs jointly OR severally....

... The applicant claims that the Court should: ... order the defendant and the OHIM to pay, jointly or severally, to the applicant the costs, expenses and fees ...
www.patent.gov.uk/about/ippd/ecj/2001/t29201.htm - 9k - Cached - Similar pages

AND= would be to pay twice....IMO

--------------------------------------------------
Note added at 4 hrs 8 mins (2004-06-23 15:03:21 GMT)
--------------------------------------------------

Singular Monsieur...I think it is an error..should either be plural or repeated.
Selected response from:

Jane Lamb-Ruiz
Grading comment
thanks jane
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4 +2jointly and severally
jgal
5or severallyJane Lamb-Ruiz
3either one or the otherHans Harding


  

Answers


16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
jointly and severally


Explanation:
"There are two different kinds of partnership – ordinary and extraordinary.

In an ordinary partnership, each member is liable in solidum (for the whole), or jointly and severally, for all the debts and obligations of the partnership.

With an extraordinary partner-ship, the liability of one or more of the members, often a “sleeping” partner, is limited to a greater or lesser degree, which falls for consideration under the Limited Partnerships Act 1907, or the Limited Liability Partnerships Act 2000."
http://www.estateagencynews.co.uk/reports/judicus_articles/j...

"Debtors are joint or several; joint, when they all equally owe the debt in solido; in this case if a suit should be necessary to recover the debt, all the debtors must be sued together or, when some are dead, the survivors must be sued, but each is bound for the whole debt, having a right to contribution from the others; they are several, when each promises severally to pay the whole debt; and obligations are generally binding on both or all debtors jointly and severally. When they are severally bound each may be sued separately, and on the payment of debt by one, the others will be bound to contribution, where all had participated in the money or property, which was the cause of the debt. "
http://legal-dictionary.thefreedictionary.com/Debtor

I don't think the use of "Monsieur" has any particular significance, certainly not in legal terms :-)

jgal
Local time: 00:00
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 47

Peer comments on this answer (and responses from the answerer)
agree  Nanny Wintjens
6 mins

agree  Vicky Papaprodromou
48 mins
Login to enter a peer comment (or grade)

32 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
either one or the other


Explanation:
Since English is not my native language, I'm not sure of the legal wording, but you are right that it is either one or the other - or both but only to the amount indicated. The singular monsieur indicates this as well. In solidum: Au tout; caractérise l'obligation à débiteurs multiples conférant au créancier le droit d'exiger de l'un d'entre eux la totalité de sa créance (Lexique juridique Expressions latines, Henri ROLAND)

Hans Harding
Local time: 00:00
Native speaker of: Native in SwedishSwedish
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5
or severally


Explanation:
in solidum, l'un à défaut de l'autre= jointly OR severally


they are jointly and severally obligated BUT they are ordered to pay costs jointly OR severally....

... The applicant claims that the Court should: ... order the defendant and the OHIM to pay, jointly or severally, to the applicant the costs, expenses and fees ...
www.patent.gov.uk/about/ippd/ecj/2001/t29201.htm - 9k - Cached - Similar pages

AND= would be to pay twice....IMO

--------------------------------------------------
Note added at 4 hrs 8 mins (2004-06-23 15:03:21 GMT)
--------------------------------------------------

Singular Monsieur...I think it is an error..should either be plural or repeated.

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 610
Grading comment
thanks jane
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search