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pronunzia secondo equita'

English translation: ruling in equity

12:23 Jan 9, 2004
Italian to English translations [PRO]
Law/Patents
Italian term or phrase: pronunzia secondo equita'
Inadmissibilita' di una pronunzia secondo equita'
I am re-editing a translation that was not accepted by the client, the translator had translated this as "inadmissibility of a fair judgment"
Anne Micallef
Local time: 15:38
English translation:ruling in equity
Explanation:
meaning ruling based on fairness rather than based on the law
Selected response from:

Marian Greenfield
Local time: 09:38
Grading comment
Thanks for your help, and for the very speedy answer in particular, as the deadline was fast approaching!
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +3ruling in equity
Marian Greenfield
4judgement according to equity
VMTTRADUCE
4unacceptability/unentertainability/ of an award according to ex aequo et bono principles
KirstyMacC (X)
3judgement for fairness
verbis


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
ruling in equity


Explanation:
meaning ruling based on fairness rather than based on the law

Marian Greenfield
Local time: 09:38
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1215
Grading comment
Thanks for your help, and for the very speedy answer in particular, as the deadline was fast approaching!

Peer comments on this answer (and responses from the answerer)
agree  Sabrina Eskelson
8 mins

agree  Grace Anderson
15 mins

agree  rugiada
4 hrs
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18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
judgement for fairness


Explanation:
see:

http://212.180.4.141/swim/files/us/IT0000062825_01_RAS_Annua...

--------------------------------------------------
Note added at 2004-01-09 12:44:40 (GMT)
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has presently lost 100 cases and had won 14. Law decree no. 18 of 8 February
2003 (Disposizioni urgenti in materia di giudizio necessario secondo equità; “Urgent measures on
judgement necessary for fairness”) provided that the pending lawsuits be decided on the basis of
the law rather than fairness



hth

verbis
Local time: 15:38
Native speaker of: Native in ItalianItalian
PRO pts in pair: 407
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30 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
judgement according to equity


Explanation:
Ho trovato quest aspegazione di "equity" as opposed to "law":

"a system of law originating in the English chancery and comprising a settled and formal body of sybstantive and procedural rules and doctrines that supplement, aid or override common and statutory law ... The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great discretion in fashioning remedies. Over time, they established precedents, rules and doctrines of their own that were distinct from those used in the courts of law. ... for some times the courts of equity rivalled the courts of law, but the courts of law maintained an advantage partly as a result of forcing the equity courts to hear only those cases for which there was no adquate remedy at law. The courts were united in England in 1873 ... also developed in USA ...apply both legal and equitable principles ... equitable relief is still granted when there si no adequate remedy at law..."

Quindi, per ciò è "inammissibile" in alcuni casi, come il tuo.
Ti sembra?

Il tutto corroborato forse anche da:

Thomas Hobbes - Chapter III - Of the other Lawes of Nature - Page ... - [ Traduci questa pagina ]
... in favour of either part, nay, or be oblig'd to judge according to equity, or to ... Besides,
if giving wrong judgement, he should contend for the equity of it ...
www.thomas-hobbes.com/works/liberty/20.html - 7k -

Circuit Court(s) - [ Traduci questa pagina ]
... Cases affecting future rights could be removed before judgement from the Courts to the Superior ... Cases not over £6-5sh were determined according to equity. ...

www.hst.ulaval.ca/profs/dfyson/courtstr/Circuit.htm - 13k - Copia cache - Pagine simili


Commissioners' Courts - [ Traduci questa pagina ]
... Cases in the Courts were to be determined according to equity. ... Cases affecting
future rights could be removed before judgement from the Courts to the ...
www.hst.ulaval.ca/profs/dfyson/courtstr/Comm.htm - 14k -



    Reference: http://www.thomas-hobbes.com/works/liberty/20.html
VMTTRADUCE
Italy
Local time: 15:38
Native speaker of: Italian
PRO pts in pair: 225
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32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
unacceptability/unentertainability/ of an award according to ex aequo et bono principles


Explanation:
Admissibility usually refers to evidence and not to judgments.

Unclear from the context if arbitration award, but see ProZ.Com Span. arbitraje de equidad > awarded in accordance with the DISCRETIONARY rules of fair play. Counterpointed with arbitraje de derecho> adjudicated in accordance with strict black-letter law.

Beware of using the idiosyncratic Eng. term (in accordance with) equity - 'a gloss on the Eng. common law - that has a body of law all of its own, but NO interaction with arbitration that runs in a sep. stream.

KirstyMacC (X)
Local time: 14:38
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 435
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