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en comparution

English translation: cited herein

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:en comparution
English translation:cited herein
Entered by: kashew
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18:20 Dec 28, 2010
French to English translations [PRO]
Law/Patents - Law (general) / Bank guarantee
French term or phrase: en comparution
"La demande de paiement du Bénéficiaire devra être faite par lettre recommandée avec accusé de réception, notifiée à l’adresse du siège social du Garant, telle que mentionnée ***en comparution*** des présentes."
Conor McAuley
France
Local time: 07:52
cited herein
Explanation:
*
Selected response from:

kashew
France
Local time: 07:52
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +3cited herein
kashew
3 +2in the presence ofjoehlindsay
4as deposed to/stated/declared herein
AllegroTrans
4 -1at the parties´ appearance before the courtEllen Kraus
2at the hearing of present parties
philippe vandevivere


Discussion entries: 9





  

Answers


10 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
at the hearing of present parties


Explanation:
mayyyybe

philippe vandevivere
France
Local time: 07:52
Native speaker of: Native in FrenchFrench
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: can you justify this? is there a hearing involved?// "comparution" means "attendance" or "appearance" and is not exclusive to hearings, can quite easily mean appearance at a notary's office to sign papers/deeds
23 mins
  -> French 'comparution' does imply a hearing, yes.

neutral  rkillings: Implies an *appearance*.
12 hrs
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23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
at the parties´ appearance before the court


Explanation:
I´d say

Ellen Kraus
Austria
Local time: 07:52
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 126

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: I see no mention of a Court/// not to send out documents concerning bank guarantees, they don't!
6 mins
  -> wherelse do parties appear, unless during a hearing ? a hearing takes place at the court..
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
cited herein


Explanation:
*

kashew
France
Local time: 07:52
Native speaker of: Native in EnglishEnglish
PRO pts in category: 22
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I think this is more than "cited"; somebody attended ("en comparution") and presumably made a (solemn) declaration as to the head office address; this was then recorded in a document (possibly a notarial or official bank document)
2 hrs

agree  rkillings: Likely. "Comparutions" = heading under which appear names of persons (esp. counsel) present.
11 hrs

agree  fourth: Yes, i seems to me that "appearing" therefore "mentioned" or "cited" would fit.
13 hrs

agree  mimi 254: as cited/mentioned above - see ref provided by rkillings in the DB
14 hrs
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1 day 5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
as deposed to/stated/declared herein


Explanation:
I am using "deposed to" as clearly "somebody" stated or declared in a document the head office address of a guarantor. I would suggest that this "somebody" attended before a notary or public official (i.e. "a comparu") in order to do so

Search Results

1.
The Australian Libellers and Enemies of Free Speech
It is true that I have applied for legal aid to issue the High Court Writ because, as deposed to herein, my income at present is limited, ...
www.fpp.co.uk/Australia/Legal/.../IrvingAffid191293.html - Cached

2.
AFF1001 Kap
5 Jul 2001... the complaint and as such having personal knowledge of the facts and matters as deposed to herein or upon my best information and belief ...
www.scribd.com/doc/19211946/AFF1001-Kap - Cached
3.
NATIONAL UNION OF MINEWORKERS v FREE STATE CONSOLIDATED GOLD MINES ...
43.5 Due to the concerted and unlawful intimidating actions and violence perpetrated by the employees on strike as deposed to herein and by other deponents, ...
www.jutastat.frblegalservices.co.za/nxt/gateway.dll/.../696... - Cached
4.
[PDF]
Affidavit Robert Kap
File Format: PDF/Adobe Acrobat - Quick View
5 Jul 2001 ... having personal knowledge of the facts and matters as deposed to herein or upon my best information and belief where so stated and supported ...
174.142.90.41/documents/1.../4ea5f44ab09282881a2a5e8531ee2f52.pdf

AllegroTrans
United Kingdom
Local time: 06:52
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 962
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
in the presence of


Explanation:
I think they are implying that there must be witnesses. A little more context might help.

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Note added at 1 day11 hrs (2010-12-30 05:21:23 GMT)
--------------------------------------------------

To research this further, please consider the following:

This is a term generally used for *notarised* deeds since the physical presence of the parties (or their representatives) at a given time and place (i.e. at the notary public's offices) for signature of the deed is an essential element.

However, this could be extended by analogy to any agreement (especially if drafted by someone who often drafts deeds for use by notaries).

The "comparution" is the first page (or two) of a notarised deed in which the Notary says that such-and-such appeared in person, listing their personal details / corporate details etc.
In other words, it is just the description of the parties to the deed in question.

AND, google "en comparution and notarized.

--------------------------------------------------
Note added at 1 day11 hrs (2010-12-30 05:22:17 GMT)
--------------------------------------------------

Sorry I should have put the above in quoatation marks and mentioned that is from a previous Proz entry.

joehlindsay
Local time: 00:52
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39

Peer comments on this answer (and responses from the answerer)
agree  cc in nyc: For want of context, perhaps "in the presence of the participants."
1 min
  -> thanks.

agree  Gallagy: that's what it looks like
19 mins
  -> Thanks.

neutral  AllegroTrans: too little context at the moment; and in the presence of who or what?
2 hrs
  -> Not confident, but I think this is comparable to what is called 'notarized' in the US. It just means in the presence of an authorized person, notary public, attorney, to ensure the person signing.

neutral  mimi 254: il me semble que c'est l'adresse qui est mentionnée en comparution des présentes, donc rien à voir avec les témoins
14 hrs
  -> Pas d'accord - en comparution a également le sens de "notarized" aux Etats-Unis
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Changes made by editors
Jan 11, 2011 - Changes made by kashew:
Created KOG entryKudoZ term » KOG term
Dec 30, 2010 - Changes made by Stéphanie Soudais:
FieldBus/Financial » Law/Patents
Field (specific)Business/Commerce (general) » Law (general)


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