ligitimation passive

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04:20 Jul 8, 2018
French to English translations [PRO]
Law/Patents - Law (general) / Swiss court procedures
French term or phrase: ligitimation passive
The general subject here is whether just one of the partners can be sued or whether a "consorité" is necessary
fourth
France
Local time: 05:38

Summary of reference entries provided
Daryo
mrrafe
"légitimation active" / "légitimation passive"
Daryo

Discussion entries: 11





  

Reference comments


1 hr peer agreement (net): +2
Reference: Daryo

Reference information:
This analyzes a case that may be more like Asker's. The party arguably subject to joinder (consorité) is a partner or co-owner rather than a parliament.
http://cis01.central.ucv.ro/revistadestiintepolitice/files/n...

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Note added at 3 hrs (2018-07-08 07:24:36 GMT)
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Asker: No, I think everyone's English here and in the Romanian paper is excellent! However, as a native Eng speaker trained as a US lawyer, I find "standing to be sued" is a strange expression which I wouldn't expect to see or use in US litigation. (For instance, the concept is expressly rejected in this decision by a lower US court: https://www.chicagoiplitigation.com/2011/09/party-cannot-lac...
If your Eng document will be used in Switzerland, that may be a different story. But I wouldn't want to recommend an Eng phrase here without first reading at least the materials at https://www.proz.com/kudoz/spanish_to_english/law_general/18... and perhaps more. After more reading and thought I might conclude that your case is the kind discussed in the Romanian paper and that Eng speaking lawyers world would approach it as more a problem of "joinder" or "liability" of the partner rather than "standing." But your whole question may be much easier for some other commenter - maybe a European practitioner - than for me.

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Note added at 3 hrs (2018-07-08 07:44:37 GMT)
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More briefly: in Eng. jurisprudence, standing is a privilege while liability is a misfortune. "Standing to be sued" sounds strange because it says standing but seems to mean liability, like saying someone is "entitled to be punched in the nose." In non-Eng. jurisprudence, the concept of standing apparently is much broader.

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Note added at 3 hrs (2018-07-08 08:01:29 GMT)
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Without seeing the context, it seems like one of the partners in your case is complaining that they should have been joined as a co-defendant or should be allowed to intervene as a cross claimant or third party defendant, because they claim a right to be heard in the matter. In the US we wouldn't view this as a claim that they have a right to be sued or have standing to be sued. No one wants to be sued.

mrrafe
United States
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28
Note to reference poster
Asker: Thanks mrrafe. The English is poor ?

Asker: Yes thanks for that mrrafe. !!


Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans: standing to sue and be sued = locus standii
4 hrs
  -> OK thanks (sp. standi) although the client may not appreciate the abandonment of all vernaculars. In fact one of my profs used to refer to every cause of action as "locus in the pocus."
agree  Daryo: unless you are indulging in irony/satire/sarcasm "entitled to be punched in the nose" does sound odd!
23 hrs
  -> Thank you, yes
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43 mins peer agreement (net): +2
Reference: "légitimation active" / "légitimation passive"

Reference information:
8 . C' est à l' occasion de ce contentieux que les expressions "légitimation active" et "légitimation passive" ont fait leur apparition et ont intégré le vocabulaire juridique communautaire, pour désigner, la première, la capacité du Parlement européen d' être demandeur, la seconde, son aptitude à défendre devant la Cour de justice

8 . It was in the context of the abovementioned litigation that the expressions légitimation active and légitimation passive made their appearance and became part of the vocabulary of Community law, the first referring to the capacity of the European Parliament to be an applicant in actions before the Court of Justice and the second to its capacity to be a defendant .

https://eur-lex.europa.eu/legal-content/EN-FR/TXT/?uri=CELEX...

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Note added at 1 day 46 mins (2018-07-09 05:06:36 GMT)
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a note on eur-lex.europa.eu as source:

whatever is published there is considered as the authentic text of the law in any of the languages of the Member State (it's not merely a "translation provided for information only") so you would expect that everything is triple-checked before publication ...

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Note added at 1 day 51 mins (2018-07-09 05:12:02 GMT)
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of the Member States

Daryo
United Kingdom
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 147
Note to reference poster
Asker: This looks like an excellent translation...I can"t see mention of "légitimation" Have I missed it?


Peer comments on this reference comment (and responses from the reference poster)
agree  Tony M
7 mins
  -> Thanks!
agree  AllegroTrans
1 day 3 hrs
  -> Thanks!
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