entré en force de chose jugée

English translation: has become final and binding

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:est entré en force de chose jugée
English translation:has become final and binding
Entered by: AllegroTrans

22:26 Apr 29, 2020
French to English translations [PRO]
Law/Patents - Law (general) / Court order (Switzerland)
French term or phrase: entré en force de chose jugée
Le Greffe du Trubunal de premiere instance de la République et canton de Geneve certifie que le jugement xxxxx prononcé le xx xxx xxxx dans la cause C/xxxx/2019-20 entre yyyy et zzzz est entré en force de chose jugée le [date, 26 days later than the date of the judgment].

The judgment in question is a divorce decree combined with approval of a setttlement by consent of the spouses (division of property).

I know that most translations of force de chose jugée suggest res judicata. However to my mind, we use the term in English to indicate that proceedings between the same parties for the same cause of action are barred and cannot be started again (rule of double jeopardy). The term somehow doesn't seem to sit comfortably in a certificate stating that a judgment has "entered into force". Maybe it's the correct solution but is there a better rendering?

Suggestions please from colleagues familiar with this term. Stay safe everyone.
AllegroTrans
United Kingdom
Local time: 08:43
has become final and binding (E&W prev. : absolute)
Explanation:
The word of binding is needed - final and unpappealable are not enough - if the translation is for court consumption in the UK where otherwise, from my experience, notarial practices, firms of Solicitors, sets of Family Law Chambers and court registrars will start querying the force of such rendering.

become final of a judgement: FHS Bridge FRE/ENG

Note that, in E&W vs. US litigation, res judicata splits into (general) cause-of-action estoppel and (single) issue estoppel, but that it would be otiose to label the decree as such e.g. the decree has been made absolute as a matter of .... estoppel-



Selected response from:

Adrian MM.
United Kingdom
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1has been rendered final with the effect of res judicata
Timothy Rake
4Became final
Jack Dunwell
3has become final and binding (E&W prev. : absolute)
Adrian MM.


Discussion entries: 4





  

Answers


28 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
has become final and binding (E&W prev. : absolute)


Explanation:
The word of binding is needed - final and unpappealable are not enough - if the translation is for court consumption in the UK where otherwise, from my experience, notarial practices, firms of Solicitors, sets of Family Law Chambers and court registrars will start querying the force of such rendering.

become final of a judgement: FHS Bridge FRE/ENG

Note that, in E&W vs. US litigation, res judicata splits into (general) cause-of-action estoppel and (single) issue estoppel, but that it would be otiose to label the decree as such e.g. the decree has been made absolute as a matter of .... estoppel-





Example sentence(s):
  • The judge signs the final paperwork - usually a decree, findings of fact and conclusions of law, possibly an order or a judgment - the decision is final and binding.

    Reference: http://eng.proz.com/kudoz/french-to-english/law-contracts/96...
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 172
Notes to answerer
Asker: Yes, shades of decree absolute here, but as far as I know the term is only pertinent to common law jurisdictions

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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
has been rendered final with the effect of res judicata


Explanation:
or "finalised" (BE) - "finalized" (AE)

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Note added at 1 hr (2020-04-30 00:04:57 GMT)
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I did understand that you "didn't like" the term, but to me, it just seems to be what it is indicated. In my mind "final and binding" indicates the same thing. And it that's what you prefer to use, maybe that's a better solution ultimately. One is more "legalese" than the other, but I think they essential express the same idea.

Timothy Rake
United States
Local time: 00:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 36
Notes to answerer
Asker: Interesting that you have adopted the term that I find doesn't quite make it. I would be interested in your reasoning for using res judicata given it's narrower meaning


Peer comments on this answer (and responses from the answerer)
agree  Mark Hamlen: Res judicata is the correct legal term for chose jugée. I like this translation because it explains it for a non-lawyer. A good idea in a divorce procedure.
13 hrs
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12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Became final


Explanation:
See Bridge

Jack Dunwell
France
Local time: 09:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 51
Notes to answerer
Asker: Thank you Mr D and please make sure you socially distancing yourself from yourself. Greetns vrom Wessex where it's bucketing down with pluie.

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