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irrépétible

English translation: legal fees

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:frais irrépétibles
English translation:legal fees
Entered by: bharg
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18:00 Jan 25, 2002
French to English translations [PRO]
Law/Patents / Court ruling
French term or phrase: irrépétible
il doit payer au titre des frais irrépétibles, une somme de xxxx FF
bharg
India
Local time: 23:41
attorney's or legal fees
Explanation:
See http://juripole.u-nancy.fr/temporaire/Bulletins/mar-avr_2000... [do a find for frais irrépétibles]

and also
http://www.justice.gouv.fr/motscles/mcf10.htm

Good luck!

Dee


Selected response from:

Hermeneutica
Switzerland
Local time: 19:11
Grading comment
Thanks - I like your suggestion - it suits the context well.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3It means something very specific in the French judicial system (see explanation)
Steven Geller
5 +3attorney's or legal fees
Hermeneutica
5 +2(discretionary) costs in the sum of XXX are awarded against [name of party]
Nikki Scott-Despaigne
5Post selection comment
Nikki Scott-Despaigne
5 -1non-recurring
Eva Blanar
4one-off payment / fees
Mary Worby


  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
one-off payment / fees


Explanation:
Would that work?

HTH

Mary

Mary Worby
United Kingdom
Local time: 18:11
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 484

Peer comments on this answer (and responses from the answerer)
agree  Gayle Wallimann
19 mins

disagree  Hermeneutica: no, it's something different, I had this last year, I'll look it up.
49 mins
  -> I admit defeat! Please ignore my answer ... (-:
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58 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
attorney's or legal fees


Explanation:
See http://juripole.u-nancy.fr/temporaire/Bulletins/mar-avr_2000... [do a find for frais irrépétibles]

and also
http://www.justice.gouv.fr/motscles/mcf10.htm

Good luck!

Dee




Hermeneutica
Switzerland
Local time: 19:11
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
PRO pts in pair: 109
Grading comment
Thanks - I like your suggestion - it suits the context well.

Peer comments on this answer (and responses from the answerer)
agree  Mary Worby: That looks convincing to me! Nice intuitive language there from those legal folks (-:
29 mins

agree  irat56
2 hrs

agree  jfrot
3 hrs

neutral  Nikki Scott-Despaigne: Yes, but more specifically, not costs which are awarded according to statute, but at the discretion of the court.
14 hrs
  -> As clearly stated in the explanations given as references. Also, the bit he is translating is the one where the judge lists all the non-prevailing party is being ordered to pay. I seem to remember when I had this issue myself I added a T.N. to the effect
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): -1
non-recurring


Explanation:
non-recurring expenses
or: one-off expenses
o: lump sum payment

Eva Blanar
Hungary
Local time: 19:11
Native speaker of: Hungarian
PRO pts in pair: 109

Peer comments on this answer (and responses from the answerer)
agree  Meri Buettner: exactly ! this makes the most sense and is the most "English"
14 hrs

disagree  Nikki Scott-Despaigne: It refers to costs awarded at the discretion of the court, rather than according to statute.
14 hrs

disagree  Steven Geller: It means an indemnity awarded by a judge.
18 hrs
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15 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
(discretionary) costs in the sum of XXX are awarded against [name of party]


Explanation:
This is to do with recoverable and unrecoverable legal costs. Some are recoverable as of right, other are at the discretion of the court, and thus require a ruling to be made. A useful tool in many cases where the court may have no choice under the law but to find in the favour of one party, but may want effectively to penalise the other party – costs will be awarded as the judge sees fit, where the law allows him this degree of liberty. “Costs” is the term used to describe sums which are payable for legal services.

In your extract, the court has ruled that costs in the sum of XXX are to be paid by the person ["il"]in question, costs have been awarded against "il". How the burden of the costs in question is to be borne is at the discretion of the court.

From my ever-faithful 'Lexique de termes juridiques, Dalloz' :*

"irrépétible : Pr. Civ., se dit des frais de justice non compris dans les dépens et comme tels insusceptibles d’être recouvrés par le gagnants, sauf au juge à condamner l’autre partie à lui verser une indemnité au titre de l’équité. (art. 700 NCPC). »


http://www.e-inter-education.com/glossaires/glossaire_fr/jur...

Irrépétible : Frais de justice non compris dans les dépens et comme tels insusceptibles d’être recouvrés par le gagnant sauf au juge à condamner l’autre partie à lui verser une indemnité au titre de l’équité.
Notes :
Oxford Dictionary of Law, OUP.
“In civil litigation, the court has a wide discretion to make an award in respect of the costs of a case, but the general principle applied is “the costs follow the event”, the loser pays the costs of the winner. “

http://www.ladas.com/GUIDES/COPYRIGHT/1998/StatutoryDamages1...
Professional experience of civil litigation in private practice and in shipping insurance.






--------------------------------------------------
Note added at 2002-01-26 15:07:43 (GMT)
--------------------------------------------------

Quick note re. Dee\'s answer to my comment (!) : With respect, for the very reason stated in your sources which are great, it is important to make the point that these are discretionary. In English law, \"costs\" means fees, generally. However, to say \"attorney\'s fees/legal fees\" alone is insufficient for the very reason that irrépétible ones are discretionary. I think we agree in fact!


    'Lexique de termes juridiques, Dalloz
    Reference: http://www.e-inter-education.com/glossaires/glossaire_fr/jur...
Nikki Scott-Despaigne
Local time: 19:11
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431

Peer comments on this answer (and responses from the answerer)
agree  Meri Buettner: definately the formula to use
3 hrs

agree  Jacqueline McKay
2 days 5 hrs
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15 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +3
It means something very specific in the French judicial system (see explanation)


Explanation:
Legal fees that are not included in the "dépens" (e.g. lawyer's fees) and which normally must be borne by each of the parties to the suit. The prevailing party is not normally reimbursed those fees, but the judge can decide to order the losing party to pay an indemnity. That is indemnity is known as "frais irrépétibles".


Steven Geller
Local time: 19:11
PRO pts in pair: 1246

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: We both got there within one minute of each other!
0 min

agree  Meri Buettner: yes, good explanation for Nikki's suggestion
3 hrs

agree  writeaway
2644 days
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3 days 43 mins   confidence: Answerer confidence 5/5
Post selection comment


Explanation:
This does of course mean legal fees, but I think it important to convey the fact that they are discretionary in order to give an exact rendering of the French "irrépétibles". To do otherwise would be inaccurate in my view.

Nikki Scott-Despaigne
Local time: 19:11
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
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