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senza formalità di rito

English translation: without procedural formalities

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:senza formalità di rito
English translation:without procedural formalities
Entered by: Grace Anderson
Options:
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19:36 Mar 28, 2002
Italian to English translations [PRO]
Law/Patents - Law: Contract(s) / contract
Italian term or phrase: senza formalità di rito
Part of a contract:

Gli arbitri giudicheranno inappellabile senza alcuna formalità di rito quali mandanti delle parti.
Catherine Bolton
Local time: 01:28
without procedural formalities
Explanation:
as on the site below regarding arbitration:
neutral arbitrator who will judge equitably and without procedural formalities leading
to neutral arbitration. The arbitrator will be chosen by mutual consent ...
www.samur.it/statute.htm - 36k - Copia cache - Pagine simili

Also de Franchis gives "rito" as procedure


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Note added at 2002-03-28 23:12:18 (GMT)
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Occorre fare molta attenzione a non confondere i due possibili tipi di arbitrato: quello giudiziario (rituale) e quello contrattuale (irrituale).
... In un arbitrato rituale gli arbitri decidono secondo le norme
del Codice di Procedura Civile e con il rito ivi previsto. ...
www.commercialistatelematico.com/documenti/arbitra.htm


--------------------------------------------------
Note added at 2002-03-29 20:30:18 (GMT)
--------------------------------------------------

Sorry to be a pain about this but fail to see how a citation regarding getting out of a common law marriage - ie the usual formalities of divorce - from an essay on common law marriage, can be more to the point than a clause from a contract on arbitration! Can someone explain please?

This quotation might be more to the point (although they call the arbiters \"referees\":
Whatever dispute may arise between members or between members and the Association will be submitted to the judgement of three referees, two of whom will be nominated by each one of the parties and the third by common accord between them or, in the case of disagreement regarding them, by the President of the Council of Accountants of Milan. The referees\' decisions will be \"ex bono et aequo\" without procedural formalities and their judgements will not be subject to any recourse to appeal.
The parties will agree that the competent place of arbitration is Milan.
The referees thus nominated, by the expressed contractual will of the parties, are designated as their delegates to act on their behalf.

Whatever dispute may arise between members or between members and the Association will be submitted to the judgement of three referees, two of whom will be nominated by each one of the parties and the third by common accord between them or, in the case of disagreement regarding them, by the President of the Council of Accountants of Milan. The referees\' decisions will be \"ex bono et aequo\" without procedural formalities and their judgements will not be subject to any recourse to appeal.
The parties will agree that the competent place of arbitration is Milan.
The referees thus nominated, by the expressed contractual will of the parties, are designated as their delegates to act on their behalf.
www.riabilitazioneoggi.com/academyeng.html


--------------------------------------------------
Note added at 2002-03-29 20:38:05 (GMT)
--------------------------------------------------

I have an Honours Degree in Law and Post-graduate degree in Legal Practice - University of Edinburgh
Selected response from:

Grace Anderson
Italy
Local time: 01:28
Grading comment
I was quite undecided as to which way to put this, especially since Francesco's term seems very nice and clean-cut. However, I opted for this term, also with the customer's approval. Thanks to all for your input.
3 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4without the usual formalities
Francesco D'Alessandro
4without procedural formalitiesGrace Anderson
4 -1without resorting to judicial proceedings
Yakov Tomara


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
without the usual formalities


Explanation:
But was she really "married" when she applied for the benefits? That is a more complicated question than might appear and one on which there is no case law. One might think that since a common law marriage is contracted without the usual formalities, it can be dissolved without the usual formalities.


    Reference: http://www.law.cornell.edu/socsec/spring01/readings/209_f3d_...
Francesco D'Alessandro
Spain
Local time: 00:28
Specializes in field
Native speaker of: Native in ItalianItalian

Peer comments on this answer (and responses from the answerer)
agree  Riccardo Schiaffino
1 hr

agree  Rick Henry
1 hr

neutral  Grace Anderson: Begs the question "What usual formalities?" Ambiguous terms in contracts are not advisable.
2 hrs
  -> just as ambiguous as "formalità di rito". Quali formalità?

agree  Vittorio Felaco: È proprio così!
2 hrs

agree  cleobella
12 hrs
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59 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
without procedural formalities


Explanation:
as on the site below regarding arbitration:
neutral arbitrator who will judge equitably and without procedural formalities leading
to neutral arbitration. The arbitrator will be chosen by mutual consent ...
www.samur.it/statute.htm - 36k - Copia cache - Pagine simili

Also de Franchis gives "rito" as procedure


--------------------------------------------------
Note added at 2002-03-28 23:12:18 (GMT)
--------------------------------------------------



Occorre fare molta attenzione a non confondere i due possibili tipi di arbitrato: quello giudiziario (rituale) e quello contrattuale (irrituale).
... In un arbitrato rituale gli arbitri decidono secondo le norme
del Codice di Procedura Civile e con il rito ivi previsto. ...
www.commercialistatelematico.com/documenti/arbitra.htm


--------------------------------------------------
Note added at 2002-03-29 20:30:18 (GMT)
--------------------------------------------------

Sorry to be a pain about this but fail to see how a citation regarding getting out of a common law marriage - ie the usual formalities of divorce - from an essay on common law marriage, can be more to the point than a clause from a contract on arbitration! Can someone explain please?

This quotation might be more to the point (although they call the arbiters \"referees\":
Whatever dispute may arise between members or between members and the Association will be submitted to the judgement of three referees, two of whom will be nominated by each one of the parties and the third by common accord between them or, in the case of disagreement regarding them, by the President of the Council of Accountants of Milan. The referees\' decisions will be \"ex bono et aequo\" without procedural formalities and their judgements will not be subject to any recourse to appeal.
The parties will agree that the competent place of arbitration is Milan.
The referees thus nominated, by the expressed contractual will of the parties, are designated as their delegates to act on their behalf.

Whatever dispute may arise between members or between members and the Association will be submitted to the judgement of three referees, two of whom will be nominated by each one of the parties and the third by common accord between them or, in the case of disagreement regarding them, by the President of the Council of Accountants of Milan. The referees\' decisions will be \"ex bono et aequo\" without procedural formalities and their judgements will not be subject to any recourse to appeal.
The parties will agree that the competent place of arbitration is Milan.
The referees thus nominated, by the expressed contractual will of the parties, are designated as their delegates to act on their behalf.
www.riabilitazioneoggi.com/academyeng.html


--------------------------------------------------
Note added at 2002-03-29 20:38:05 (GMT)
--------------------------------------------------

I have an Honours Degree in Law and Post-graduate degree in Legal Practice - University of Edinburgh


    www.samur.it/statute.htm - 36k - Copia cache - Pagine simili
Grace Anderson
Italy
Local time: 01:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 201
Grading comment
I was quite undecided as to which way to put this, especially since Francesco's term seems very nice and clean-cut. However, I opted for this term, also with the customer's approval. Thanks to all for your input.

Peer comments on this answer (and responses from the answerer)
neutral  Rick Henry: it's not just "rito"... it's "di rito" which means customary.
3 hrs
  -> OK, thanks - but I always translate on Briefs "In via di rito" as "As a procedural matter" should it be "As a customary matter"????
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17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
without resorting to judicial proceedings


Explanation:
Grace Anderson has already quoted an explanation showing that the phrase in question defines the nature of the arbitration (judicial vs contractual).
While an award of "judicial" arbitration is tantamount to a court decision, an award of "contractual" arbitration creates but obligations similar to contractual ones. See below:

Il lodo arbitrale a seguito di procedimento rituale, una volta depositato nella cancelleria della Pretura, potrà essere dichiarato esecutivo con decreto del Pretore e quindi assumere la veste di titolo esecutivo, soggetto a trascrizione e idoneo alla trascrizione di ipoteche giudiziali. Il lodo viene quindi assimilato ad una vera e propria sentenza.

"Nell'arbitrato irrituale o libero, che ha invece la forma, la sostanza e gli effetti di un patto contrattuale (art.1372 c.c.), pur intervenendo comunque nella soluzione di una controversia, la decisione degli arbitri costituisce un obbligo di natura contrattuale che, se non adempiuto, dovrà essere posto a base di un procedimento di ingiunzione o comunque di un'azione successiva in sede giudiziaria."

That's why I'd suggest using my version for this particular case to make the translation more exact.




--------------------------------------------------
Note added at 2002-03-29 12:50:16 (GMT)
--------------------------------------------------

The quoted Italian text was taken from the site referenced by Grace Anderson (www.commercialistatelematico.com/documenti/arbitra.htm )

Yakov Tomara
Ukraine
Local time: 02:28
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
disagree  Grace Anderson: Sorry, but the subject of cbolton's question is "the arbiters". How could they resort to judicial proceedings? They would have no title or interest to sue - only the parties to the contract can do that.
6 hrs
  -> Thank you for your comment.
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