as condescendended upon

Dutch translation: zoals vermeld in de eis

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

English term or phrase:	as condescendended upon
Dutch translation:	zoals vermeld in de eis
Entered by:	Willemina Hagenauw

15:10 Oct 20, 2004

English to Dutch translations [PRO]
Law/Patents - Law (general) / Scottish law

English term or phrase: as condescendended upon

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."

Willemina Hagenauw KudoZ activity Questions: 1660 (9 open) (19 without valid answers) (23 closed without grading) Answers: 549
Local time: 12:17

zoals vermeld in de eis

Explanation:
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.

Selected response from:

FionaT
Netherlands
Local time: 13:17

Grading comment

Many thanks Fiona, also for the extra information.
4 KudoZ points were awarded for this answer

Summary of answers provided

3 +2

zoals vermeld in de eis

FionaT

als afgedwongen/vereist

FullCircle (X)

Answers

3 hrs confidence:

als afgedwongen/vereist

Explanation:
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!

FullCircle (X)
Netherlands
Local time: 13:17
Specializes in field
Native speaker of:

Dutch
PRO pts in category: 44

15 hrs confidence:

peer agreement (net): +2

zoals vermeld in de eis

FionaT
Netherlands
Local time: 13:17
Works in field
Native speaker of:

English,

Dutch
PRO pts in category: 20

Grading comment

Many thanks Fiona, also for the extra information.

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as condescendended upon

Dutch translation: zoals vermeld in de eis

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