Glossary entry

English term or phrase:

as condescendended upon

Dutch translation:

zoals vermeld in de eis

Added to glossary by Willemina Hagenauw
Oct 20, 2004 15:10
20 yrs ago
English term

as condescendended upon

English to Dutch Law/Patents Law (general) Scottish law
This is from Scottish Law. The summons which is served on the defendent has a condescendence and in the pleas in law the following is written:

"The defender having granted to the pursuer a guarantee as condescended upon and the sums sued for being due thereunder, the pursuers are entitled to Decree for payment as craved."
Proposed translations (Dutch)
3 +2 zoals vermeld in de eis
3 als afgedwongen/vereist

Proposed translations

+2
15 hrs
Selected

zoals vermeld in de eis

In Scottish law the condescendence is the statement of facts presented by the plaitiff in a case.
Van den End (Juridisch Leixcon) translates "eis in conventie" as plaintiff's statement of claim.
And if you look at http://www.google.nl/search?q=cache:QrThB3KEF5UJ:www.lexisne... it says: "Generally the words ‘hereinafter condescended upon’ are used as a filler to pad out pleadings. There is often no requirement to refer to pleadings in other parts of the summons. The pleadings will be read as a whole. These phrases should only be used if absolutely necessary."
So I think what they are saying is that the guarantee is mentioned in the condescendence, so in Dutch: zoals vermeld in de eis, or something to that effect


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Note added at 15 hrs 20 mins (2004-10-21 06:31:34 GMT)
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M.a.w. het heeft niets te maken met \"condescending\" in de betekenis waarin we het meestal gebruiken: neerbuigend etc.
Peer comment(s):

agree Chris Hopley
1 hr
Thanks, Chris
agree 11thmuse : I am convinced and withdraw my contribution
3 hrs
Thanks, Henk
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4 KudoZ points awarded for this answer. Comment: "Many thanks Fiona, also for the extra information."
3 hrs

als afgedwongen/vereist

Maybe? Or 'als afgesproken/als overeengekomen'. The latter agrees better with the 'upon', which to me implies some sort of agreement on both sides. But it lacks the condescending aspect. But what do I know about Scottish law! Good luck!
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