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assignation en intervention forcee

English translation: compulsory joinder of third party/parties

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:assignation en intervention forcee
English translation:compulsory joinder of third party/parties
Entered by: AllegroTrans
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19:45 Dec 8, 2010
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: assignation en intervention forcee
This is the entire paragrahp: "Les actions liées à l'expropriation pour cause d'utilité publique, à l'exception du recours pour excès de pouvoir, sont de la compétence des juridictions de l'ordre judiciaire avec ses différents degrés prévus au code de procédure civile et commerciale. Le tribunal saisi de l'action tendant à l'obtention de l'indemnité d'expropriation ordonne l'assignation en intervention forcée de tout créancier ayant des sûretés réelles liées au bien exproprié dûment inscrites'.
Adjoa des Bordes
Local time: 00:05
compulsory joinder of third party/parties
Explanation:
From the context this seems to be a procedure where the Court orders third parties to be joined. This is in total contrast to the procedure under which a party (e.g. a defendant) issues a summons(UK/files a motion (US) to join a third party.

The "joining" if an additional party in civil proceedings is called "joinder"
(I once got this word down in Scrabble - all 7 letters - but my opponents spent ages arguing that it wasn't a real word, until I got out my law dictionary......)

#
[PDF]
Civil Procedure Fall 2010 Compulsory Joinder and the Three “I”s ...
File Format: PDF/Adobe Acrobat - Quick View
Compulsory Joinder and the Three “I”s... Rule 19. Required Joinder of Parties ... (a) When a Defending Party May Bring in a Third Party. ...
lovetherules.com/lect13.pdf
#
RETHINKING COMPULSORY JOINDER: A PROPOSAL TO RESTRUCTURE FEDERAL ...
Other joinder rules also permitted defendant and third-party assertion of ... A compulsory joinder rule enables courts to identify nonparties who either ...
https://litigation-essentials.lexisnexis.com/.../app?...
#
[PPT]
CIVIL PROCEDURE CLASS 10
File Format: Microsoft Powerpoint - View as HTML
FRCP 19: COMPULSORY JOINDER. Some parties MUST be joined; Class actions are an exception: .... Can a P sue a person joined as a third party D and if so, ...
faculty.cua.edu/fischer/Civpro01/civpro12.ppt - Similar
#
Joinder - Wikipedia, the free encyclopedia
Joinder of parties also falls into two categories: permissive joinder and ... Compulsory joinder is governed by Federal Rule of Civil Procedure 19. ... the third will not be able to protect his (alleged) interest in the property if he ...
en.wikipedia.org/wiki/Joinder - Cached - Similar
#
[PDF]
Question presented: Whether New York's compulsory joinder ...
File Format: PDF/Adobe Acrobat - Quick View
2 Oct 2006 ... State that the Nation was an indispensable party and that ..... justified under the Ninth Circuit's “public rights” exception to compulsory joinder .... and Ray Halbritter to dismiss the third amended complaint ...
www.upstate-citizens.org/PVP-OIN-Cert-Petition.pdf
#
Notes - Federal Rules of Civil Procedure - Notes to Rule 19
See Reed, Compulsory Joinder of Parties in Civil Actions, ... tortfeasors continues to be regulated by Rule 20; compare Rule 14 on third-party practice. ...
www.law.cornell.edu/rules/frcp/ACRule19.htm - Cached
Selected response from:

AllegroTrans
United Kingdom
Local time: 00:05
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4compulsory joinder of third party/parties
AllegroTrans
3 +1summons to join as [third] partiescc in nyc


  

Answers


5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
compulsory joinder of third party/parties


Explanation:
From the context this seems to be a procedure where the Court orders third parties to be joined. This is in total contrast to the procedure under which a party (e.g. a defendant) issues a summons(UK/files a motion (US) to join a third party.

The "joining" if an additional party in civil proceedings is called "joinder"
(I once got this word down in Scrabble - all 7 letters - but my opponents spent ages arguing that it wasn't a real word, until I got out my law dictionary......)

#
[PDF]
Civil Procedure Fall 2010 Compulsory Joinder and the Three “I”s ...
File Format: PDF/Adobe Acrobat - Quick View
Compulsory Joinder and the Three “I”s... Rule 19. Required Joinder of Parties ... (a) When a Defending Party May Bring in a Third Party. ...
lovetherules.com/lect13.pdf
#
RETHINKING COMPULSORY JOINDER: A PROPOSAL TO RESTRUCTURE FEDERAL ...
Other joinder rules also permitted defendant and third-party assertion of ... A compulsory joinder rule enables courts to identify nonparties who either ...
https://litigation-essentials.lexisnexis.com/.../app?...
#
[PPT]
CIVIL PROCEDURE CLASS 10
File Format: Microsoft Powerpoint - View as HTML
FRCP 19: COMPULSORY JOINDER. Some parties MUST be joined; Class actions are an exception: .... Can a P sue a person joined as a third party D and if so, ...
faculty.cua.edu/fischer/Civpro01/civpro12.ppt - Similar
#
Joinder - Wikipedia, the free encyclopedia
Joinder of parties also falls into two categories: permissive joinder and ... Compulsory joinder is governed by Federal Rule of Civil Procedure 19. ... the third will not be able to protect his (alleged) interest in the property if he ...
en.wikipedia.org/wiki/Joinder - Cached - Similar
#
[PDF]
Question presented: Whether New York's compulsory joinder ...
File Format: PDF/Adobe Acrobat - Quick View
2 Oct 2006 ... State that the Nation was an indispensable party and that ..... justified under the Ninth Circuit's “public rights” exception to compulsory joinder .... and Ray Halbritter to dismiss the third amended complaint ...
www.upstate-citizens.org/PVP-OIN-Cert-Petition.pdf
#
Notes - Federal Rules of Civil Procedure - Notes to Rule 19
See Reed, Compulsory Joinder of Parties in Civil Actions, ... tortfeasors continues to be regulated by Rule 20; compare Rule 14 on third-party practice. ...
www.law.cornell.edu/rules/frcp/ACRule19.htm - Cached

AllegroTrans
United Kingdom
Local time: 00:05
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 962
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  fourth: yes, see also Blacks/Bridge
12 hrs
  -> thanks

agree  xxxAdrian MM.: with what bears a remarkable resemblance to my own answer! http://www.proz.com/kudoz/french_to_english/law_general/1722... question should have rung bells as you chipped in last time...
13 hrs
  -> thanks, didn't realise this had been asked before - also a pity that the asker did not choose your solution

agree  GeoS
1 day 4 hrs
  -> thanks

agree  philgoddard: Thanks! I expect you can guess what I needed this for...
2318 days
  -> Ahaaa...what has happened to cc in cyc (I think her name is Carole Chaykin)?
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
summons to join as [third] parties


Explanation:
From Eur-Lex:

23. Par assignation signifiée le 16 septembre 2003, [...] . Cette société a alors appelé Firme Derwa et Centraal Beheer Achmea NV en intervention forcée et en garantie.

23. By writ, service of which was effected on 16 September 2003, [...] . SGS Belgium thereupon requested that Firme Derwa and Centraal Beheer Achmea NV be joined as parties to the proceedings.

--------------------------------------------------
Note added at 1 hr (2010-12-08 20:50:54 GMT)
--------------------------------------------------

If the URL in "Reference" doesn't bring you to the right spot, try this instead:
http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&lng1=en,...

And then scroll down to #23.

--------------------------------------------------
Note added at 9 hrs (2010-12-09 05:44:47 GMT)
--------------------------------------------------

Here's an additional Eur-Lex example (http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&lng1=en,... ) for "third party":

12. Estimant que ces décisions de rejet violaient leurs droits statutaires, les médecins, autorisés par ordonnances de la High Court du 22 juin 2005 à assigner la MDU en intervention forcée, ont appelé celle‑ci dans la cause.

12. On the view that those refusals infringed their rights under the MDU’s Articles of Association, the doctors applied to the High Court (Ireland) for leave to join the MDU as an additional third party. This was granted by order of the High Court of 22 June 2005.


    Reference: http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&lng1=en,...
cc in nyc
Local time: 19:05
Native speaker of: English
PRO pts in category: 209

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: It's hard to argue with such good references.
1 hr
  -> Thank you; actually, there are many more instances on Eur-Lex,
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Changes made by editors
Dec 22, 2010 - Changes made by AllegroTrans:
Created KOG entryKudoZ term » KOG term


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