duty to provide a guide (to the content and relevance of large amounts of evidence)
- I don't think this is the duty to identify an alienator of a thing, as mentioned by you (asker) in your Kudoz question here, in conjunction with your reference to Boek 3 Artikel 87 (3:87 BW). The more likely reference for the term is the one given in the source context, as explained below.
- The bracketed part of my suggested target term translates the source context of the term, as provided by the asker, and this wording clearly shows that it is literally a 'signposting duty' in this context, as does the Kluwer reference immediately preceding the term in the source context. (This reference is repeated as first URL, below, and is also cited by philgoddard in his reference contribution.) This meaning is, for example, backed by this excerpt from the Kluwer reference, '... gehouden genoegzame maatregelen te nemen [= wegwijzer verkrijgen] om een adequate kennisneming van het materiaal door hem en de wederpartij mogelijk te maken, zo nodig met door de deponerende partij te verschaffen ... hulpmiddelen.'
- So we are talking about a guide, summary, overview or similar . . or, worse, a more archaic term of the type favoured by lawyers.
- And: It may well be linked to the processes of 'discovery' and/or 'production' of (large quantities of) evidence. Indeed, discovery is abused and there are arguments and measures in the literature as to how to counter this abuse when it obfuscates and delays matters. However, I could not within a reasonable time find any equivalent of 'wegwijsplicht', in English legal contexts, as a tool for dealing with such large amounts of discovered evidence - neither by exploring the signpost/summary/guide aspect nor in the context of the discovery/production of (large quantities of) evidence. In fact the term and the duty may only exist in Dutch law.
- Thus my agreement with philgoddard here, on the need to invent a term (as it seems that it may not exist in English or US law), the result of which should be simple, mean what it says ... hopefully as per my offered target term. An alternative, if it indeed does not have an English equivalent, may be to just literally translate the Dutch, into 'signpost duty'.
- In the worst case my target term will be wrong (and there will indeed be some equivalent and/or archaic term for 'wegwijsplicht' in English), but the meaning of my target term will still, I hope, be both understandable and correct - and therefore usable.
(The second URL, below, is not directly related to 'wegwijzer', but merely provides some background information on what discovery and production are about.)
| John Holloway|
Local time: 13:33
Specializes in field
Native speaker of: English
PRO pts in category: 23