KudoZ home » French to English » Law/Patents

appel en garantie

English translation: Introduction of third parties

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
08:55 Oct 22, 2001
French to English translations [PRO]
Law/Patents
French term or phrase: appel en garantie
This is a legal term in a litigation document:
- La societe X appel en garantie la societe y
- also: condamner in solidum

Many thanks in advance to everyone at Proz.com!
ASA
United Kingdom
Local time: 02:49
English translation:Introduction of third parties
Explanation:
- "Appel en garantie" is an introduction of third parties in a litigation/court case

- "Condamner in solidum" means to rule/sentence jointly and solidarily

Hope the answers will be of help to you!

Rachid
Selected response from:

International Translation Agency Ltd //
Local time: 03:49
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4 +2Introduction of third partiesInternational Translation Agency Ltd //
4joinder of parties : joint and several liability
Nikki Scott-Despaigne
4warranty claim
Didier Fourcot
4call into warranty, in solidumBettina Karpel
4takes proceedings against the guarantor company y
Gillian Hargreaves


Discussion entries: 2





  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
takes proceedings against the guarantor company y


Explanation:
and

to order/sentence ... in joint and several liability

See ref. below - indispensible!!


    FHS Bridge: The Council of Europe French-English Legal Dictionary
Gillian Hargreaves
Local time: 02:49
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 575
Login to enter a peer comment (or grade)

13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Introduction of third parties


Explanation:
- "Appel en garantie" is an introduction of third parties in a litigation/court case

- "Condamner in solidum" means to rule/sentence jointly and solidarily

Hope the answers will be of help to you!

Rachid

International Translation Agency Ltd //
Local time: 03:49
PRO pts in pair: 12
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Parrot: Insured party calls upon Insurer.
19 mins

agree  Nikki Scott-Despaigne: third party proceedings / joinder of parties & jt & svrl liability (UK terms)
7 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
call into warranty, in solidum


Explanation:
If I am sued for something that happened and I think someone else (a third party) is responsible for it, I can call the third party into the proceedings by calling them in warranty (i.e. if I lose the case, the party I have called in warranty will have to compensate me, assuming, of course, that I manage to prove that the third party is reponsible).

"In solidum" can stay as such in English, if you wish. It can also be replaced by "solidarily" or "joint and several". Solidary defendants are each responsible in full for the amount of the judgment rendered, regardless of what they may be responsible for as among themselves.

Bettina

Bettina Karpel
PRO pts in pair: 12
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
warranty claim


Explanation:
This is the term I find most commonly in texts translated for computer or hardware vendors (translated from English to French).
I should keep "in solidum", already found in some other texts, and English lawyers are rather fond of such latin expressions.
A few occurrences below, you will find many others by searching "warranty claim" on google


    Reference: http://www.adiusa.com/service.html
    Reference: http://www.digsigtrust.com/certificates/warranty/certholderw...
Didier Fourcot
Local time: 03:49
Native speaker of: Native in FrenchFrench
PRO pts in pair: 756
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
joinder of parties : joint and several liability


Explanation:
I admit to having been confused by this one at first. Your first term is expressed as a noun « appel » but between « company A » and « B », then it would appear to make more sense if read as a verb.

Suggested renderings :

"X has issued a summons for 3rd party proceedings to join Y as co-defendant"

"X joins Y as a co-defendant/plaintiff to the action"

because the court has no doubt made a ruling that both parties are jointly and severable liable (I suspect for damages in the case in point.) It would have helped if you had told some of the background to the story.

1 - EuroDicautom :

Appeler en garantie = implead

appel en garantie = activated guarantee (see also http://europa.eu.int/eur-lex/fr/lif/dat/1994/fr_394R2728.htm... and http://europa.eu.int/eur-lex/en/lif/dat/1994/en_394R2728.htm... compare article 5 of both versions).

appel en garantie = introduction of third parties

appel en garantie suite à une défaillance = activation of guarantees following default


2 - www.granddictionnaire.com

introduction of third parties = appel en garantie

Note :((Dans la source citée, l'entrée se lit comme suit :)) appel (évocation) en garantie.

Note : ((Dans la source citée, l'entrée se lit comme suit:)) introduction of third parties (approximate to impleader).

If it is « appeller en garantie », then perhaps this is third party proceedings being brought by a defendant to a civil action against a person not already party to the action. The most common claim brought in such proceedings is for contribution or indemnity.

3rd party proceedings are brought by a third party notice. When the party acknowledges receipt of a third party notice, the issuing defendant must take out a summons for third party directions. At the hearing of the summons, the matters to be considered will include pleading and discovery & inspection of docs in the third party proceedings – AND the possible joinder of the third party as an additional defendant to the action.

Reading both your terms together, I suspect the first one is in fact « third party proceedings » . As for the second term, the court appears to have ruled that parties to which it refers are jointly and severally liable for the matter : « joinder of parties » (addition and substitution of parties). I think this might be what is meant by « introduction of parties » from other sources. My sources are my standard legal dicos :

- Oxford Dictionary of Law, OUP. ISBN 0-19-280066-3
- Dictionary of Law, FT Publishing. ISBN 0-273-63735-5

Note : you can have joinder of action, joinder of causes of action, joinder by claimant, joinder by defendant (http://www.ilex-tutorial.ac.uk/publications/p23c.pdf)



    Oxford Dictionary of Law, OUP. ISBN 0-19-280066-3 & Dictionary of Law, FT Publishing. ISBN 0-273-63735-5
    Reference: http://europa.eu.int/eurodicautom/
Nikki Scott-Despaigne
Local time: 03:49
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
Login to enter a peer comment (or grade)




Return to KudoZ list


Changes made by editors
Dec 23, 2010 - Changes made by Stéphanie Soudais:
Term askedURGENT appel en garantie » appel en garantie


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search