|French to English translations [PRO]|
Law/Patents - Law (general) / summary pleadings/criminal case
|French term or phrase: l'un à défaut de l'autre|
|Good morning everyone. In these summary pleadings in a case on check fraud, this phrase wraps things up. I figure this means "either one or the other" but what's the legal wording? |
"Condamner Monsieur X et Y, in solidum, l'un à défaut de l'autre, à payer aux concluantes la somme de ... à majorer des intérêts compensatoires depuis le 24.04.2001 et des intérêts judiciaires."
Also, bonus question: is 'Monsieur' singular for a reason, indicating their joint liability? Elsewhere in the pleadings it's always "Messieurs." (Don't worry, I won't base kudoz points on whether or not you answer that - I'm just curious.)
in solidum, l'un à défaut de l'autre= jointly OR severally
they are jointly and severally obligated BUT they are ordered to pay costs jointly OR severally....
... The applicant claims that the Court should: ... order the defendant and the OHIM to pay, jointly or severally, to the applicant the costs, expenses and fees ...
www.patent.gov.uk/about/ippd/ecj/2001/t29201.htm - 9k - Cached - Similar pages
AND= would be to pay twice....IMO
Note added at 4 hrs 8 mins (2004-06-23 15:03:21 GMT)
Singular Monsieur...I think it is an error..should either be plural or repeated.
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4 KudoZ points were awarded for this answer
16 mins confidence: peer agreement (net): +2
jointly and severally
"There are two different kinds of partnership – ordinary and extraordinary.
In an ordinary partnership, each member is liable in solidum (for the whole), or jointly and severally, for all the debts and obligations of the partnership.
With an extraordinary partner-ship, the liability of one or more of the members, often a “sleeping” partner, is limited to a greater or lesser degree, which falls for consideration under the Limited Partnerships Act 1907, or the Limited Liability Partnerships Act 2000."
"Debtors are joint or several; joint, when they all equally owe the debt in solido; in this case if a suit should be necessary to recover the debt, all the debtors must be sued together or, when some are dead, the survivors must be sued, but each is bound for the whole debt, having a right to contribution from the others; they are several, when each promises severally to pay the whole debt; and obligations are generally binding on both or all debtors jointly and severally. When they are severally bound each may be sued separately, and on the payment of debt by one, the others will be bound to contribution, where all had participated in the money or property, which was the cause of the debt. "
I don't think the use of "Monsieur" has any particular significance, certainly not in legal terms :-)
Local time: 10:41
Native speaker of: English, French
PRO pts in category: 47
| |32 mins confidence:
either one or the other
Since English is not my native language, I'm not sure of the legal wording, but you are right that it is either one or the other - or both but only to the amount indicated. The singular monsieur indicates this as well. In solidum: Au tout; caractérise l'obligation à débiteurs multiples conférant au créancier le droit d'exiger de l'un d'entre eux la totalité de sa créance (Lexique juridique Expressions latines, Henri ROLAND)
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