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identità della domanda in garanzia

English translation: sameness of the third-party (for a contribution and an indemnity)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:identità della domanda in garanzia
English translation:sameness of the third-party (for a contribution and an indemnity)
Entered by: xxxAdrian MM.
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07:38 Oct 18, 2013
Italian to English translations [PRO]
Law/Patents - Law (general)
Italian term or phrase: identità della domanda in garanzia
Litigation involving a waste management company and the Italian government:

Va da ultimo segnalata la pendenza di un giudizio monitorio proposto da X nei confronti di Y per il pagamento dei corrispettivi derivanti dall’incarico conferito dal 2001 al 2008.

La pretesa monitoria è stata avanzata contro la Y, la quale a sua volta, ha chiamato in garanzia la Z.

Quest’ultima, fra l’altro, ha – in primo luogo – eccepito ***l’identità della domanda in garanzia*** con parte di quella già oggetto del giudizio promosso dalla Y avanti al Tribunale di [CITTA'] e definito con sentenza n. 1234/99

I understand the concept of 'domanda in garanzia' (demand on guarantor, to call as a guarantor) but the best exact wording and what
David Turnbull
United Kingdom
Local time: 07:02
identicality of the third-party (E&W: Part 20) claim {for a contribution and an INDEMNITY)
Explanation:
Identicality - Latin-based - would certainly be a Spanish-extrapolated meaning.

BTW, it's not a 'under warranty' cf. FHS Bridge's FR>EN glossary entry and, e.g. only in Argentina, can be a road accident's victim direct claim on the offending motorist's insurance policy.

NB in the UK, a defendant brings or joins in a third party defendant for a 'contribution & an indemnity' from the latter - it is *not* strictly a guarantee of guarantor to a creditor for a debtor's.

But the claimant a.k.a. plaintiff can add a co-defendant. That's a trick civil litigation law finals question.

But let us see what Sebastiano's esteemed Sicilian view is of my musings.

--------------------------------------------------
Note added at 6 hrs (2013-10-18 13:44:56 GMT)
--------------------------------------------------

...for a debt owed by the debtor.

--------------------------------------------------
Note added at 6 hrs (2013-10-18 14:12:43 GMT)
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Slight mixing of Italian 'metaphors', David.

Y - the defendant - *joins in* Z as TP ('Part 20') *defendant*.

If X is the claimant, s/he could add Z as a *co*-defendant to Y who then becomes a *co*-defendant.

PS most UK law (Bar & Solicitors') finalists fail the civil procedure = litigation exam paper.

--------------------------------------------------
Note added at 1 day8 hrs (2013-10-19 16:20:44 GMT)
--------------------------------------------------

E&W:

X as claimant -> sues Y as defendant -> who joins in Z as a TP for a contribution and indemnity in case of judgment against Y

X
sues / \ then adds
defendant Y<> Z as a co-defendant
<> Y can bring 'contribution proceedings' against Z in case of judgment against Y
Selected response from:

xxxAdrian MM.
Local time: 08:02
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2identicality of the third-party (E&W: Part 20) claim {for a contribution and an INDEMNITY)
xxxAdrian MM.


Discussion entries: 5





  

Answers


6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
identicality of the third-party (E&W: Part 20) claim {for a contribution and an INDEMNITY)


Explanation:
Identicality - Latin-based - would certainly be a Spanish-extrapolated meaning.

BTW, it's not a 'under warranty' cf. FHS Bridge's FR>EN glossary entry and, e.g. only in Argentina, can be a road accident's victim direct claim on the offending motorist's insurance policy.

NB in the UK, a defendant brings or joins in a third party defendant for a 'contribution & an indemnity' from the latter - it is *not* strictly a guarantee of guarantor to a creditor for a debtor's.

But the claimant a.k.a. plaintiff can add a co-defendant. That's a trick civil litigation law finals question.

But let us see what Sebastiano's esteemed Sicilian view is of my musings.

--------------------------------------------------
Note added at 6 hrs (2013-10-18 13:44:56 GMT)
--------------------------------------------------

...for a debt owed by the debtor.

--------------------------------------------------
Note added at 6 hrs (2013-10-18 14:12:43 GMT)
--------------------------------------------------

Slight mixing of Italian 'metaphors', David.

Y - the defendant - *joins in* Z as TP ('Part 20') *defendant*.

If X is the claimant, s/he could add Z as a *co*-defendant to Y who then becomes a *co*-defendant.

PS most UK law (Bar & Solicitors') finalists fail the civil procedure = litigation exam paper.

--------------------------------------------------
Note added at 1 day8 hrs (2013-10-19 16:20:44 GMT)
--------------------------------------------------

E&W:

X as claimant -> sues Y as defendant -> who joins in Z as a TP for a contribution and indemnity in case of judgment against Y

X
sues / \ then adds
defendant Y<> Z as a co-defendant
<> Y can bring 'contribution proceedings' against Z in case of judgment against Y


    Reference: http://www.proz.com/kudoz/italian_to_english/law_general/441...
xxxAdrian MM.
Local time: 08:02
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 769
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: Thanks for your help, Tom. My understanding is that Y - the defendant - adds Z as a a third-party co-defendant to indemnify Y. Z objects given the "identicality" of the third-party claim, already settled in the case brought by Y before the Court of [City]

Asker: Thanks for the clarification.


Peer comments on this answer (and responses from the answerer)
agree  MamaG: noted on the net - "The district court dismissed the complaint of ... on the grounds of res judicata, holding that the .... was in privity with the .... in the earlier suit and, hence, that there was identicality of parties in the two cases."
14 mins
  -> Grazie and many thanks for introducing the idea of privity into the 'quasi-contractual' context.

agree  Sebastiano Massimo Barbagallo: Being called into question (even if not "as a guarantor"), and after malevolently examining Tom's answer I have unfortunately nothing to object to his answer. :-)
42 mins
  -> Grazie and thank you for being enlisted and 'implicated' as a third-party backer.
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Changes made by editors
Nov 1, 2013 - Changes made by xxxAdrian MM.:
Created KOG entryKudoZ term » KOG term


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