un rapport amiable
English translation: amicable report
| 08:57 Sep 7, 2000 |
| French to English translations [PRO] Law/Patents | ||||
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|  Selected response from: Nikki Scott-Despaigne Local time: 03:08 | |||
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Answers
28 mins
favorable report Explanation: given the context, this is the meaning that best fits the various meanings of amiable and rapport. |
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1 hr
amicable report Explanation: Was this report commissioned before proceedings had begun or once proceedings were underway? A report which is "amiable" is amicable, private, perhaps even drawn up before proceedings commenced, outside the context of proceedings. Parties are perfectly within their rights to instruct such reports to be drawn up. What weight they hope them to have in later proceedings, is another matter. An "amiable" report is also "non-contradictoire", in the sense that only one side is concerned in the instructing of the expert to draw up the report in question. French law embraces the "principe du contracdictoire". It implies the freedom of all parties to make known all that is required to be known in order for his application or his defence to succeed. It covers discloure of evidence, of documents of each side to the other side. Of particular interest to you : "Le juge doit en toutes circonstances observer et faire observer le principe de la contradiction et ne peut retenir dans sa décision que les explications qu'il a receueillies contradictoirement". This is precisely what has happened here. The side which does not consider the report to be favourable to it, is no doubt seeking to convince the court that the report in question has apparently failed to repsect this doctrine and that the rules of admissibility would appear to prohibit it being admitted. Thsi doctrine has been around a long time and although uncodified, it governs all leagal proceedings in France. I hope this fits your context. Nikki DALLOZ, Lexique de Termes Juridiques, 1993 |
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1 hr
conciliatory report Explanation: Amiable is a term used in law to mean amicable or conciliatory. My Petit Robert defines amiable thus: "Qui a lieu ou agit par la voie de la conciliation, sans procedure judiciaire." I think that the word "conciliatory" would be appropriate here. |
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2 hrs
a comment Explanation: I think that the meaning of conciliatory would be unadvisable here. It is used to describe something which is done with a view to placating or reconciling (dixit Collins English/English dictionary). This was not apparently the intention when this report was commissioned. It was commissioned, according to the information we have, in order to support the affirmations of the commissioning party. The fact that they are seeking to rely upon it now and further that the other party ids seeking to have it rejected suggests that it is anything but conciliatory! Furthermore, having instructed experts in past employment, I have never seen this term used to describe one - not in England in any event. Nikki Collins English Dictionary |
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2 hrs
a comment continued Explanation: Sorry forgot to add this last little bit. Of course, "amiable" in expressions like "à l'amiable" does apply to mean out-of-court (for settlements for example) and to that extent, there is conciliation. This is not quite the same thing as describing a report as "coniiliatory", which as described earlier cannot apply here as I understand it. Nikki |
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