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saurait fonder la compétence

English translation: ...constitutes insufficient grounds for the jurisdiction...

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21:18 Jun 17, 2001
French to English translations [PRO]
Law/Patents
French term or phrase: saurait fonder la compétence
In a list of grounds for appeal: que la connexité avec cette demande principale ne saurait donc fonder la compétence des Tribunaux français à l’égard de la demande de rachat des stocks;
Dawn Montague
Local time: 00:18
English translation:...constitutes insufficient grounds for the jurisdiction...
Explanation:
French legal language often uses the conditional tense ("saurait") in constructions in which English doesn't use it. Here again, the situation is complicated by the need to consider the entire sentence or phrase.

Suggestion: "...that the relationship with this principal complaint therefore constitutes insufficient grounds [or "justification"] for the jurisdiction of French courts in connection with the petition for the stock repurchase..."

In my experience, many of the knottiest translation problems are to be found in the documentation relating to jurisdictional disputes!

HC
Selected response from:

Heathcliff
United States
Local time: 21:18
Grading comment
Thank you so much for your help. I do believe the context must be negative, however.
4 KudoZ points were awarded for this answer

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Summary of answers provided
nacomes within the jurisdiction
Dave Simons
na"shall"xxxeurotransl
na...constitutes insufficient grounds for the jurisdiction...Heathcliff
nacould not found the competence
Mats Wiman


  

Answers


15 mins
could not found the competence


Explanation:
that the connection with this main demand could not found the competence of French courts when it comes to a repurchase of stocks;


    Norstedts fr<>sv+en<>sv+MW
Mats Wiman
Sweden
Local time: 06:18
Native speaker of: Native in SwedishSwedish
PRO pts in pair: 133

Peer comments on this answer (and responses from the answerer)
xxxeurotransl: sorry, not English, not legalese
2 hrs

Nikki Scott-Despaigne: OK for 'could not' but 'competence'can be a 'faux ami', as it is here
3 hrs
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54 mins
...constitutes insufficient grounds for the jurisdiction...


Explanation:
French legal language often uses the conditional tense ("saurait") in constructions in which English doesn't use it. Here again, the situation is complicated by the need to consider the entire sentence or phrase.

Suggestion: "...that the relationship with this principal complaint therefore constitutes insufficient grounds [or "justification"] for the jurisdiction of French courts in connection with the petition for the stock repurchase..."

In my experience, many of the knottiest translation problems are to be found in the documentation relating to jurisdictional disputes!

HC

Heathcliff
United States
Local time: 21:18
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 953
Grading comment
Thank you so much for your help. I do believe the context must be negative, however.

Peer comments on this answer (and responses from the answerer)
David Meléndez Tormen
36 mins

Nikki Scott-Despaigne: Right. "saurait" modal in condit. form, referring to capacity ; "competence" meaning jurisdiction
3 hrs

Mats Wiman: Edified I leave the arena. MW
10 hrs
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2 hrs
"shall"


Explanation:
In proper legalese, you would have to use "shall", eg, "shall constitute..."

xxxeurotransl
PRO pts in pair: 42

Peer comments on this answer (and responses from the answerer)
Nikki Scott-Despaigne: No, "shall" generally represents "devoir" in legalese
1 hr
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5 hrs
comes within the jurisdiction


Explanation:
(The asker's phrase was turned from negative into positive).
---
"cette demande principale ne saurait donc fonder la compétence des Tribunaux français"
---
This main request does not therefore come within the jurisdiction of the French courts.


Dave Simons
Local time: 06:18
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 35
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