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conclure à l'incompétence

English translation: Just so --

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14:31 Oct 4, 2000
French to English translations [PRO]
Law/Patents
French term or phrase: conclure à l'incompétence
entire phrase reads: "X ... conclut à titre principal, et comme elle l'avait fait in limine litis dans ses premières écritures, à l'incompétence du présent Tribunal au profit du Tribunal de Grande Instance..."

I'm thinking X is claiming that the present court does not have jurisdiction over the matter, and that only a High Court would...? TIA
Stephanie Mitchel
United States
Local time: 04:50
English translation:Just so --
Explanation:
As in its earlier briefs, X's argument is based primarily on the lack of jurisdiction of the present court, as opposed to the jurisdiction of the District Court...

Because of the fundamental lack of parallelism in the structures of the English/American and French legal systems, "tribunal de grande instance" has no direct equivalent translation. What I've found that works is to treat it as the court that lives at the next hierarchical level up, so to speak, from the tribunal de premiere instance.

(Note also that in legal usage, "conclure" means to argue (as in "argue a case"), rather than to conclude.)

Cheers, HC
Selected response from:

Heathcliff
United States
Local time: 01:50
Grading comment
Very helpful - including the note about 'conclure' which I'd overlooked. Thanks.
4 KudoZ points were awarded for this answer

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Summary of answers provided
naJust so --Heathcliff
naconclude that [it] is beyond the jurisdiction of this Court
Nikki Scott-Despaigne
nayour reading is right, this is a lack of jurisdictional
Parrot


  

Answers


12 mins
your reading is right, this is a lack of jurisdictional


Explanation:
competence.

Parrot
Spain
Local time: 10:50
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1861

Peer comments on this answer (and responses from the answerer)
Heathcliff
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1 hr
conclude that [it] is beyond the jurisdiction of this Court


Explanation:
I agree with you. In the jurisdiction clause of French contracts, there is always reference in one way or another to the "tribunal compétent".

Here's a quick definition from the DALLOZ Lexique de Termes Juridiques :

"Compétence. - droit privé, droit publique - pour une autorité publique ou une jurisdiction, aptitude légale à accomplir un acte ou à instruire et juger un procès".


    Dalloz, Lex des Termes Juridiques
Nikki Scott-Despaigne
Local time: 10:50
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431

Peer comments on this answer (and responses from the answerer)
Heathcliff
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2 hrs
Just so --


Explanation:
As in its earlier briefs, X's argument is based primarily on the lack of jurisdiction of the present court, as opposed to the jurisdiction of the District Court...

Because of the fundamental lack of parallelism in the structures of the English/American and French legal systems, "tribunal de grande instance" has no direct equivalent translation. What I've found that works is to treat it as the court that lives at the next hierarchical level up, so to speak, from the tribunal de premiere instance.

(Note also that in legal usage, "conclure" means to argue (as in "argue a case"), rather than to conclude.)

Cheers, HC

Heathcliff
United States
Local time: 01:50
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 953
Grading comment
Very helpful - including the note about 'conclure' which I'd overlooked. Thanks.
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