contradictoire

English translation: considered to have been delivered after hearing both parties

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

French term or phrase:	contradictoire
English translation:	considered to have been delivered after hearing both parties
Entered by:	Transflux (X)

17:35 Nov 7, 2005

French to English translations [PRO]
Law/Patents - Law (general) / summons

French term or phrase: contradictoire

I've looked at all the glossary entries for this but I'm still a bit confused. This is Art. 14 of Décret no. 92-755 "Toute partie peut aussi exposer ses moyens par lettre adressée au Juge de l'Exécution... La partie qui use de cette faculté peut ne pas se présenter à l'audience. Le jugement rendu dans ces conditions est contradictoire."
Now according to FHS Bridge contradictoire means that both parties have to be present and heard, which is obviously not the case here. The answer to a previous question gives 'default judgement' or 'judgement in abstentia' for 'jugement réputé contradictoire' but this is because of the 'réputé' - it is deemed that both parties are present, so without the réputé how can contradictoire be rendered in this context? Or is the réputé just assumed, as in 'considered to have been delivered on hearing of both parties' Thanks for any enlightenment on this.

Transflux (X) KudoZ activity Questions: 543 (none open) Answers: 531
Local time: 09:37

considered to have been delivered after hearing both parties

Explanation:
Yes, you can definitely assume that the "réputé" is understood because the party that is permitted not to be present has written all details in the letter to the judge.

Selected response from:

sets
Local time: 09:37

Grading comment

Thank you for all the answers and comments from everyone and for clearing this point up for me.
4 KudoZ points were awarded for this answer

Summary of answers provided

5 +4

considered to have been delivered after hearing both parties

sets

5 +1

contradictory

Maria Luisa Duarte

4 +2

{be deemed} inter partes

Adrian MM. (X)

5 +1

deemed as rendered in the presence of both parties

Jane Lamb-Ruiz (X)

shall be deemed to have been held in the presence of both parties

Nikki Scott-Despaigne

Discussion entries: 3

Answers

5 mins confidence:

peer agreement (net): +1

contradictory

Explanation:
to establish the contradictory conditions......

Maria Luisa Duarte
Spain
Local time: 09:37
Works in field
Native speaker of:

English,

Portuguese
PRO pts in category: 42

8 mins confidence:

peer agreement (net): +4

considered to have been delivered after hearing both parties

Explanation:
Yes, you can definitely assume that the "réputé" is understood because the party that is permitted not to be present has written all details in the letter to the judge.

sets
Local time: 09:37
Specializes in field
Native speaker of:

English,

French
PRO pts in category: 12

Grading comment

Thank you for all the answers and comments from everyone and for clearing this point up for me.

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

agree

Nora Armani: I agree to this. The letter of one party exhonorates it from having tobe present.

1 min

-> Thanks Nora!

disagree

Jane Lamb-Ruiz (X): no..there is a difference between deemed as given in the Presence of both parties and deemed as given after hearing..the law states: en la presence, look at it; I quoted it..how can you dispute the actual law?? Sometimes it does mean as you say..

45 mins

-> Don't agree. What's the point in attending if the judge gives a decision without hearing the the cases put forward by both parties. This is why, by writing a letter, one party is not obliged to attend in person.

agree

Charlotte Allen: Definitely. Dalloz lexique des termes juridiques confirms that this is about both parties having the right to be heard, to put their case, to present evidence etc. to the judge

2 hrs

-> Many thanks Charlotte!

agree

PFB (X): and disagree with Jane

3 hrs

-> Merci Philippe!

agree

Nikki Scott-Despaigne: Yes, considered/deemed to have been given in the presence of both parties ... No obligation to attend, but considered to have done so if LR + AR setting out means provided. Judge can still compel X to attend - see below...

19 hrs

-> Thanks Nikki

agree

Marie Gomes: Exactly

1 day 9 hrs

-> Thanks Marie

11 mins confidence:

peer agreement (net): +2

{réputé} contradictoire {be deemed} inter partes

Explanation:
I've already given this answer ad nauseam in FR/EN & SP/EN, but isn't being picked up on.

The UK civil justice reform terminology of 'without notice' for ex parte and 'on notice' for inter partes is highly misleading in this context, as the reformer Lord Chief Justice Woolf (retd.)sons should have realised.

FHS Bridge's offerings of 'present and heard' and 'adversarial' are also misleading, albeit his inter partes entry should have been moved right to the front.

During the preliminary motion period, Shaked filed, inter alia, ... interference involving the patent being reexamined (where proceedings are inter partes). ...

ipmall.info/hosted_resources/ BPAI_Decisions/BPAI_Appeal_101731.asp

Adrian MM. (X)
Local time: 09:37
Specializes in field
Native speaker of:

English
PRO pts in category: 858

20 hrs confidence:

"est contradictoire" shall be deemed to have been held in the presence of both parties

Explanation:
Asker commented :

"Now according to FHS Bridge contradictoire means that both parties have to be present and heard, which is obviously not the case here. The answer to a previous question gives 'default judgement' or 'judgement in abstentia' for 'jugement réputé contradictoire' but this is because of the 'réputé' - it is deemed that both parties are present, so without the réputé how can contradictoire be rendered in this context? Or is the réputé just assumed, as in 'considered to have been delivered on hearing of both parties' Thanks for any enlightenment on this..."

We're getting in knots about this for no reasons I think. Straightforward in fact. Your original provides you with everything you need to know. The general rule under these provisions is :
- both parties are deemed to have been present, whether or not they attend or are represented

This is because it refers to a situation where provisions require a statement of means to be furnished via LR + AR (recorded devliery post with acknowledgement of receipt). Furnishing the statement dispenses with the obligation to attend. Once this statement has been provided, then the obligation to attend is waived (unless judges sees fit to compel attendance).

In fact look to the next phrase in the decree and you will see also that the judge has the power to compel X to attend in any event.

Note also "est contradictoire" here requires English future "shall" and a passive voice for completely accurate rendering.

http://www.legifrance.gouv.fr/texteconsolide/PJHCQ.htm

Décret n°92-755 du 31 juillet 1992

Décret instituant de nouvelles règles relatives aux procédures civiles d'exécution pour l'application de la loi n° 91-650 du 9 juillet 1991 portant réforme des procédures civiles d'exécution

NOR:JUSC9220234D

version consolidée au 21 octobre 2005 - version JO initiale

[...]

Article 14
Modifié par Décret n°96-1130 du 18 décembre 1996 art. 4 (JORF 26 décembre 1996).

En cours d'instance, toute partie peut aussi exposer ses moyens par lettre adressée au juge de l'exécution, à condition de justifier que l'adversaire en a eu connaissance avant l'audience par lettre recommandée avec demande d'avis de réception.

La partie qui use de cette faculté peut ne pas se présenter à l'audience. Le jugement rendu dans ces conditions est contradictoire.

Néanmoins, le juge a toujours la faculté d'ordonner que les parties se présentent devant lui.

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Note added at 20 hrs 45 mins (2005-11-08 14:21:26 GMT)
--------------------------------------------------

I agree with Tom Thumb's "inter partes" suggestion if you want to be short and to the point. Room for misunderstanding in the context of patents on the "with notice" thing.

Reference: http://www.legifrance.gouv.fr/texteconsolide/PJHCQ.htm

Nikki Scott-Despaigne
Local time: 09:37
Works in field
Native speaker of:

English
PRO pts in category: 451

52 mins confidence:

peer agreement (net): +1

deemed as rendered in the presence of both parties

Explanation:
First definition for Jugement Contradictoire= en la présence des parties or their representatives

so, it means deemed as rendered in the presence of both parties

How clear that is..

cheers

--------------------------------------------------
Note added at 53 mins (2005-11-07 18:29:33 GMT)
--------------------------------------------------

Look:
NOUVEAU CODE DE PROCEDURE CIVILE

Sous-section I : Le jugement contradictoire

Article 467

****Le jugement est contradictoire dès lors que les parties comparaissent en personne ou par mandataire, selon les modalités propres à la juridiction devant laquelle la demande est portée.****

so clear really

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Note added at 4 hrs 13 mins (2005-11-07 21:49:15 GMT)
--------------------------------------------------

Article 467: A judgment is "contradictoire" when the parties appear in person or their representatives appear, according to the methods proper to the court before which the matter [motion or petition] is brought.

--------------------------------------------------
Note added at 1 day 1 hr 36 mins (2005-11-08 19:12:00 GMT)
--------------------------------------------------

Note to Philippe: You single me out and then expect that I shouldn't further back my opinion? Please...

Jane Lamb-Ruiz (X)
Specializes in field
Native speaker of:

English,

Portuguese
PRO pts in category: 610

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English translation: considered to have been delivered after hearing both parties

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