14:31 Oct 4, 2000 |
French to English translations [PRO] Law/Patents | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: Heathcliff United States Local time: 06:31 | ||||||
Grading comment
|
Summary of answers provided | ||||
---|---|---|---|---|
na | your reading is right, this is a lack of jurisdictional |
| ||
na | conclude that [it] is beyond the jurisdiction of this Court |
| ||
na | Just so -- |
|
your reading is right, this is a lack of jurisdictional Explanation: competence. |
| |
Login to enter a peer comment (or grade) |
conclude that [it] is beyond the jurisdiction of this Court Explanation: I agree with you. In the jurisdiction clause of French contracts, there is always reference in one way or another to the "tribunal compétent". Here's a quick definition from the DALLOZ Lexique de Termes Juridiques : "Compétence. - droit privé, droit publique - pour une autorité publique ou une jurisdiction, aptitude légale à accomplir un acte ou à instruire et juger un procès". Dalloz, Lex des Termes Juridiques |
| |
Login to enter a peer comment (or grade) |
Just so -- Explanation: As in its earlier briefs, X's argument is based primarily on the lack of jurisdiction of the present court, as opposed to the jurisdiction of the District Court... Because of the fundamental lack of parallelism in the structures of the English/American and French legal systems, "tribunal de grande instance" has no direct equivalent translation. What I've found that works is to treat it as the court that lives at the next hierarchical level up, so to speak, from the tribunal de premiere instance. (Note also that in legal usage, "conclure" means to argue (as in "argue a case"), rather than to conclude.) Cheers, HC |
| |
Grading comment
| ||
Login to enter a peer comment (or grade) |
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.