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un rapport amiable

English translation: amicable report

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08:57 Sep 7, 2000
French to English translations [PRO]
Law/Patents
French term or phrase: un rapport amiable
This is in the context of legal proceedings. One side commissioned a report from experts it chose, and this report is called by the other side "un rapport amiable".
"Le tribunal XXX, sur le seul fondement d'un rapport amiable commandé par XX auprès d'experts de son choix....
Thanks in advance for any help.
Mary
M Lalevee
English translation:amicable report
Explanation:
Was this report commissioned before proceedings had begun or once proceedings were underway?

A report which is "amiable" is amicable, private, perhaps even drawn up before proceedings commenced, outside the context of proceedings. Parties are perfectly within their rights to instruct such reports to be drawn up. What weight they hope them to have in later proceedings, is another matter.

An "amiable" report is also "non-contradictoire", in the sense that only one side is concerned in the instructing of the expert to draw up the report in question.

French law embraces the "principe du contracdictoire". It implies the freedom of all parties to make known all that is required to be known in order for his application or his defence to succeed. It covers discloure of evidence, of documents of each side to the other side. Of particular interest to you :
"Le juge doit en toutes circonstances observer et faire observer le principe de la contradiction et ne peut retenir dans sa décision que les explications qu'il a receueillies contradictoirement".

This is precisely what has happened here. The side which does not consider the report to be favourable to it, is no doubt seeking to convince the court that the report in question has apparently failed to repsect this doctrine and that the rules of admissibility would appear to prohibit it being admitted.

Thsi doctrine has been around a long time and although uncodified, it governs all leagal proceedings in France.

I hope this fits your context.

Nikki
Selected response from:

Nikki Scott-Despaigne
Local time: 05:00
Grading comment
Thank you. I think in fact I am going to use the word "private" as amicable looks so odd in this context.
Best regards
Mary
4 KudoZ points were awarded for this answer

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Summary of answers provided
naa comment continued
Nikki Scott-Despaigne
naa comment
Nikki Scott-Despaigne
naconciliatory reportLouise Atfield
naamicable report
Nikki Scott-Despaigne
nafavorable reportjohn rock


  

Answers


28 mins
favorable report


Explanation:
given the context, this is the meaning that best fits the various meanings of
amiable and rapport.

john rock
United States
Local time: 23:00
PRO pts in pair: 7

Peer comments on this answer (and responses from the answerer)
Yolanda Broad
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1 hr
amicable report


Explanation:
Was this report commissioned before proceedings had begun or once proceedings were underway?

A report which is "amiable" is amicable, private, perhaps even drawn up before proceedings commenced, outside the context of proceedings. Parties are perfectly within their rights to instruct such reports to be drawn up. What weight they hope them to have in later proceedings, is another matter.

An "amiable" report is also "non-contradictoire", in the sense that only one side is concerned in the instructing of the expert to draw up the report in question.

French law embraces the "principe du contracdictoire". It implies the freedom of all parties to make known all that is required to be known in order for his application or his defence to succeed. It covers discloure of evidence, of documents of each side to the other side. Of particular interest to you :
"Le juge doit en toutes circonstances observer et faire observer le principe de la contradiction et ne peut retenir dans sa décision que les explications qu'il a receueillies contradictoirement".

This is precisely what has happened here. The side which does not consider the report to be favourable to it, is no doubt seeking to convince the court that the report in question has apparently failed to repsect this doctrine and that the rules of admissibility would appear to prohibit it being admitted.

Thsi doctrine has been around a long time and although uncodified, it governs all leagal proceedings in France.

I hope this fits your context.

Nikki


    DALLOZ, Lexique de Termes Juridiques, 1993
Nikki Scott-Despaigne
Local time: 05:00
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4419
Grading comment
Thank you. I think in fact I am going to use the word "private" as amicable looks so odd in this context.
Best regards
Mary

Peer comments on this answer (and responses from the answerer)
Heathcliff
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1 hr
conciliatory report


Explanation:
Amiable is a term used in law to mean amicable or conciliatory. My Petit Robert defines amiable thus:
"Qui a lieu ou agit par la voie de la conciliation, sans procedure judiciaire."

I think that the word "conciliatory" would be appropriate here.

Louise Atfield
PRO pts in pair: 300

Peer comments on this answer (and responses from the answerer)
Heathcliff
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2 hrs
a comment


Explanation:
I think that the meaning of conciliatory would be unadvisable here. It is used to describe something which is done with a view to placating or reconciling (dixit Collins English/English dictionary). This was not apparently the intention when this report was commissioned. It was commissioned, according to the information we have, in order to support the affirmations of the commissioning party. The fact that they are seeking to rely upon it now and further that the other party ids seeking to have it rejected suggests that it is anything but conciliatory!

Furthermore, having instructed experts in past employment, I have never seen this term used to describe one - not in England in any event.

Nikki


    Collins English Dictionary
Nikki Scott-Despaigne
Local time: 05:00
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4419

Peer comments on this answer (and responses from the answerer)
Heathcliff
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2 hrs
a comment continued


Explanation:
Sorry forgot to add this last little bit. Of course, "amiable" in expressions like "à l'amiable" does apply to mean out-of-court (for settlements for example) and to that extent, there is conciliation. This is not quite the same thing as describing a report as "coniiliatory", which as described earlier cannot apply here as I understand it.

Nikki

Nikki Scott-Despaigne
Local time: 05:00
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4419

Peer comments on this answer (and responses from the answerer)
Heathcliff
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