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rappelons que l'exécution provisoire est de droit

English translation: there is a right to provisional execution / interlocutory injunction(*)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:rappelons que l'exécution provisoire est de droit
English translation:there is a right to provisional execution / interlocutory injunction(*)
Entered by: Paul Stevens
Options:
- Contribute to this entry
- Include in personal glossary

15:34 Oct 3, 2001
French to English translations [PRO]
Law/Patents
French term or phrase: rappelons que l'exécution provisoire est de droit
Please advise correct "legalese" in English for this expression in a legal ruling document
Paul Stevens
Local time: 19:49
there is a right to provisional execution / interlocutory injunction(*)
Explanation:
Depending on the rest of your phrase, then "Do remember that there is a right to...", although the "de jure" is spot of for "de droit"

Cf the GDT "exécution provisoire" (3/4) is basically what is says, that the plaintiff can require the defendant to respect the terms of the court's ruling, even if he (the defendant) has lodged an appeal. The idea behind it being to deter defendants from lodging hopeless appeals with the aim of simply putting back the date when the order has to be complied with.

How can this idea be expressed is legal English??? It depends what stage in the proceedings an order for « exécution provisiore » has been issued.

1 - If the court has made a final ruling in a case and the defendant is going to / has lodged an appeal, then "provisional execution" will work

2 - However, if the "exécution provisoire" really means that the court has made a provisional ruling, a sort of interim judgment that X has to be done, pending the main hearing, then the term you need is "interlocutory injunction".


INTERLOCUTORY INJUNCTION : "... may be granted at a special hearing pending the outcome of the main hearing in a case... A person who fails to abide by the terms of an injunciton is guilty of contmpt of court".
(Source : Oxford Dic of Law)

Selected response from:

Nikki Scott-Despaigne
Local time: 20:49
Grading comment
Again, thank you for your excellent contribution. In the case in point, option 2 in your note is applicable and hence "interlocutory injunction" rather than "provisional execution" is the correct phrase.

Your input is most appreciated.

Rgds
Paul Stevens
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1it should be remembered that provisional execution is de jure
jgal
5there is a right to provisional execution / interlocutory injunction(*)
Nikki Scott-Despaigne
4... is a matter of rightxxxAbu Amaal


  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
it should be remembered that provisional execution is de jure


Explanation:
you should probably wait for confirmation from Nikki (Scott), but AFAIK this is the correct expression

jgal
Local time: 20:49
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in pair: 897

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: Yes, if first ruling pronounced. NB - may be an "interlocutory injunction" if outcome of main hearing pending.
11 hrs
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
... is a matter of right


Explanation:
Continuing from the above.

Assuming de droit and de plein droit come to the same thing.

xxxAbu Amaal
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 51
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 5/5
there is a right to provisional execution / interlocutory injunction(*)


Explanation:
Depending on the rest of your phrase, then "Do remember that there is a right to...", although the "de jure" is spot of for "de droit"

Cf the GDT "exécution provisoire" (3/4) is basically what is says, that the plaintiff can require the defendant to respect the terms of the court's ruling, even if he (the defendant) has lodged an appeal. The idea behind it being to deter defendants from lodging hopeless appeals with the aim of simply putting back the date when the order has to be complied with.

How can this idea be expressed is legal English??? It depends what stage in the proceedings an order for « exécution provisiore » has been issued.

1 - If the court has made a final ruling in a case and the defendant is going to / has lodged an appeal, then "provisional execution" will work

2 - However, if the "exécution provisoire" really means that the court has made a provisional ruling, a sort of interim judgment that X has to be done, pending the main hearing, then the term you need is "interlocutory injunction".


INTERLOCUTORY INJUNCTION : "... may be granted at a special hearing pending the outcome of the main hearing in a case... A person who fails to abide by the terms of an injunciton is guilty of contmpt of court".
(Source : Oxford Dic of Law)



Nikki Scott-Despaigne
Local time: 20:49
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
Grading comment
Again, thank you for your excellent contribution. In the case in point, option 2 in your note is applicable and hence "interlocutory injunction" rather than "provisional execution" is the correct phrase.

Your input is most appreciated.

Rgds
Paul Stevens
Login to enter a peer comment (or grade)




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