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in solidum

English translation: in solidum

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11:06 Oct 4, 2000
French to English translations [PRO]
Law/Patents
French term or phrase: in solidum
Legal document: "Condamne in solidum les sociétés X et Y ..."
More of a Latin question, but ... I'm guessing the connotation is "both equally" or "in one fell swoop," that sort of thing.
Stephanie Mitchel
United States
Local time: 06:20
English translation:in solidum
Explanation:
Where there is more than one defendant, solidary liability comes into play. Solidary liability, also termed "liability in solidum"2 but more commonly called "joint and several liability", describes situations where each of two or more concurrent wrongdoers is liable severally and all are liable jointly for the damage caused. For the principle to apply, each defendant must be found to have breached a duty of care and caused damage to the plaintiff. Solidary liability enables the plaintiff to take action against any one of the defendants and receive full compensation from that defendant. It is then up to that defendant, through the system of contribution, to seek to recover a share of the damages from any other liable defendant. A plaintiff may of course take action against more than one of the defendants,3 but it may be more convenient for the plaintiff to choose only one defendant and leave it to the defendants to sort out the issue of apportionment among themselves by way of contribution. Plaintiffs are not involved at the contribution stage: instead, the defendant against whom compensation has been recovered bears the responsibility for recovering contribution from the other defendants. In practice, however, rules of court ensure that the question of contribution is usually dealt with in the same proceedings as the plaintiff's original action.
Selected response from:

Laura Gentili
Italy
Local time: 12:20
Grading comment
Thank you!! This is great. Would you want to disclose your source?
4 KudoZ points were awarded for this answer



Summary of answers provided
najoint and several liability/ in solidum
Maria Karra
na"Fully condemn companies X and Y..."
Luis Luis
nain solidum
Laura Gentili


  

Answers


14 mins
in solidum


Explanation:
Where there is more than one defendant, solidary liability comes into play. Solidary liability, also termed "liability in solidum"2 but more commonly called "joint and several liability", describes situations where each of two or more concurrent wrongdoers is liable severally and all are liable jointly for the damage caused. For the principle to apply, each defendant must be found to have breached a duty of care and caused damage to the plaintiff. Solidary liability enables the plaintiff to take action against any one of the defendants and receive full compensation from that defendant. It is then up to that defendant, through the system of contribution, to seek to recover a share of the damages from any other liable defendant. A plaintiff may of course take action against more than one of the defendants,3 but it may be more convenient for the plaintiff to choose only one defendant and leave it to the defendants to sort out the issue of apportionment among themselves by way of contribution. Plaintiffs are not involved at the contribution stage: instead, the defendant against whom compensation has been recovered bears the responsibility for recovering contribution from the other defendants. In practice, however, rules of court ensure that the question of contribution is usually dealt with in the same proceedings as the plaintiff's original action.


Laura Gentili
Italy
Local time: 12:20
Native speaker of: Native in ItalianItalian
PRO pts in pair: 49
Grading comment
Thank you!! This is great. Would you want to disclose your source?

Peer comments on this answer (and responses from the answerer)
Yolanda Broad
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19 mins
"Fully condemn companies X and Y..."


Explanation:
This probably means that there is "solid reason or proof for the accusation of condemnation of these companies for their activities (?)".

Regards.
Luis Luis

Luis Luis
United States
Local time: 05:20
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 35

Peer comments on this answer (and responses from the answerer)
Yolanda Broad
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37 mins
joint and several liability/ in solidum


Explanation:
From the Grand Dictionnaire Terminologique:
Synonyms in French:
solidarite n. f.
responsabilite solidaire n. f.

Definition: Solidarite entre coauteurs d'un meme dommage.

The Lexique des termes juridiques gives this definition:
Obligation in solidum : Obligations de plusieurs personnes tenues chacune pour le tout envers le créancier, alors qu'il n'existe entre elles aucun lien de représentation.


Eurodicautom gives "joint and several liability" as the equivalent of "obligation in solidum" and "responsabilite in solidum".

You can find this term as it is in English, although rarely. Here's an example from the website of Commercial Law in the Middle East, where you'll see the term "in solidum" in English:

In a procedurally complex decision,7 the Supreme Federal Court of the United Arab Emirates established the joint responsibility for a documentary letter of credit opened at a bank in solidum, even though one of the parties may have established a different relationship with the other debtor through the contract of partnership. "The bank was not party to the contract between the partners. Its knowledge of the contents and conditions of the partnership contract or the contract leading to its dissolution does not affect the obligation of the appellant in solidum with the other appellee since the opening of the documentary credit took place after the contract establishing the partnership".




    Reference: http://www.soas.ac.uk/Centres/IslamicLaw/CommercialIntro.htm...
    Reference: http://europa.eu.int/eurodicautom/
Maria Karra
United States
Local time: 06:20
Native speaker of: Native in EnglishEnglish, Native in GreekGreek
PRO pts in pair: 238

Peer comments on this answer (and responses from the answerer)
Yolanda Broad
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