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Conclusions d'acceptation

English translation: Terms of acceptance of withdrawal of proceedings and waiver of cause of action

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:CONCLUSIONS D'ACCEPTATION DE DESISTEMENT D'INSTANCE ET D'ACTION.
English translation:Terms of acceptance of withdrawal of proceedings and waiver of cause of action
Entered by: Stephanie Mitchel

17:02 Jan 21, 2004
French to English translations [PRO]
Law/Patents / commercial court
French term or phrase: Conclusions d'acceptation
The entire title of this document is: CONCLUSIONS D'ACCEPTATION DE DESISTEMENT D'INSTANCE ET D'ACTION.

The context is a suit in the Commercial Court of Paris revolving around wrongful termination.

Also, should the second part be '..abandonment of proceedings and action'?
Stephanie Mitchel
United States
Local time: 00:50
Terms of acceptance of withdrawal of proceedings and waiver of cause of action
Explanation:
1. FHS Bridge's Council of Europe dict. for the instance part and needs tightening up: 'discontinuance (not really - by the court or the Attorney-General in Eng. & Wales) or (the applicant's) withdrawal of the proceedings only (not implying waiver of one's right (cause?) of action. For the action part: waiver of a right (cause?) of action'.

What's the difference? I reckon the writ is being dropped - by the applicant - in the first part. In the second part, the underlying cause of action is then barred to the applicant i.e. no second bite of the cherry - called in GB 'cause of action or issue estoppel'.

2. As per Jane, withdrawal is right - but also is your abandonment for the first part.

3. There are subtle differences between disposal, discontinuance and termination of the action - the main thing in common, I believe, being the result or end-product of the withdrawal or waiver.
Selected response from:

KirstyMacC (X)
Local time: 05:50
Grading comment
Thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2agreement to terms
jerryk (X)
5Pleadings on agreement to withdrawal of lawsuit
Jane Lamb-Ruiz (X)
4 +1Terms of acceptance of withdrawal of proceedings and waiver of cause of action
KirstyMacC (X)


  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
agreement to terms


Explanation:
AGREEMENT TO TERMS OF PURCHASE OF SUMMARIES OF OHIO CASES
... AGREEMENT TO TERMS OF PURCHASE OF SUMMARIES OF OHIO CASES. ... of Colorado, and that
the sale of the Summaries of Ohio Cases does not constitute legal advice or ...
www.talk-law.com/agree-oh.shtml - 8k - Cached - More pages from this site
Legal Notice
LEGAL NOTICE. AGREEMENT TO TERMS OF USE: By accessing and/or reading
and/or subscribing to Virginia Labor Law (as defined herein), you ...
www.virginialaborlaw.com/legal/legal_notice.htm - 8k - Cached
TERMS AND CONDITIONS OF PURCHASE 1. AGREEMENT TO TERMS. Acceptance ... (PDF)
Page 1. TERMS AND CONDITIONS OF PURCHASE 1. AGREEMENT TO TERMS. ... please refer to
the following address to obtain the latest version: www.tekelec.com/legal/
www.tekelec.com/legal/stdtcp.pdf - View as html
SRC - Legal notices
... including it's officers and employees do not assume any legal liability for ... agreement
between the client and SRC and agreement to terms including liabilities ...
www.sensors-research.com/terms.htm - 12k - Cached


jerryk (X)
PRO pts in pair: 134

Peer comments on this answer (and responses from the answerer)
agree  Vicky Papaprodromou
29 mins
  -> thanks!
agree  sousou
21 hrs
  -> thanks!
Login to enter a peer comment (or grade)

6 mins   confidence: Answerer confidence 5/5
Pleadings on agreement to withdrawal of lawsuit


Explanation:
instance and action would be a lawsuite in this court....so I think lawsuit might cover that because it implies in a court of law


desistement is to withdraw a lawsuite, complaint or whatever

they agree to withdraw the lawsuit OR


Jane Lamb-Ruiz (X)
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 8576
Login to enter a peer comment (or grade)

8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Terms of acceptance of withdrawal of proceedings and waiver of cause of action


Explanation:
1. FHS Bridge's Council of Europe dict. for the instance part and needs tightening up: 'discontinuance (not really - by the court or the Attorney-General in Eng. & Wales) or (the applicant's) withdrawal of the proceedings only (not implying waiver of one's right (cause?) of action. For the action part: waiver of a right (cause?) of action'.

What's the difference? I reckon the writ is being dropped - by the applicant - in the first part. In the second part, the underlying cause of action is then barred to the applicant i.e. no second bite of the cherry - called in GB 'cause of action or issue estoppel'.

2. As per Jane, withdrawal is right - but also is your abandonment for the first part.

3. There are subtle differences between disposal, discontinuance and termination of the action - the main thing in common, I believe, being the result or end-product of the withdrawal or waiver.

KirstyMacC (X)
Local time: 05:50
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 804
Grading comment
Thank you.

Peer comments on this answer (and responses from the answerer)
agree  ZIL (X)
9 hrs
  -> Good choice.
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