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l'arrière-plan économique
compte commande
Oct 27, 2006 17:56
17 yrs ago
5 viewers *
French term

recevabilité de l'action de yyyy au fond

French to English Law/Patents Law (general)
From summary statement on disputes between xxxx and yyyy, two companies.

'Les arguments développés ci-après ne sauraient constituer de la part de xxxx la reconnaissance de la recevabilité de l'action de yyyy au fond. xxxx se réserve en effet le droit d'invoquer au fond, devant la juridiction compétente, l'irrecevabilité de l'action de yyyy'

What is the meaning of 'fond' here? Is it a fund/money or is 'fond' referring to the substance/content?

All suggestions much appreciated - thank you :-)
Proposed translations (English)
4 +1 entertainability of yyyy's action on the substantive issue
4 +1 admissibility of yyyy's lawsuit/proceedings on grounds of substance
3 +1 admissibility of the action brought by yyyy on its merits

Discussion

Paula McMullan Oct 28, 2006:
and the context of the translation.
Paula McMullan Oct 28, 2006:
Responding to Tom Thumb below: yes, English solicitor and see "entertainable" is used in Commonwealth jurisidictions (rather than "entertainability" which doesn't seem to be a word. Christopher, you'll need to decide what is appropriate for your client
writeaway Oct 27, 2006:
if you look up each of these terms individually in the glossary you will probably come up with the solution.

Proposed translations

+1
2 hrs

admissibility of the action brought by yyyy on its merits

Here's my attempt at a translation:

The arguments set out below [hereinafter] may not be considered as acknowledgement by xxx of the admissibility of the action brought by yyyy on its merits.

Have a look at www.legifrance.gouv.fr and translate the terms between the French and English versions of the Code de procedure civile.
Peer comment(s):
neutral Adrian MM. (X) : Not wishing to be tit-for-tat, I believe the emphasis of an action being brought on its merits is wrong. Rather. it is 'admissible' on the merits.
20 hrs
agree Conor McAuley : So: "admissibility, on its merits, of the action...". The COE Legal Dict. has "admissibility"
1 day 12 hrs
Something went wrong...
+1
4 hrs

entertainability of yyyy's action on the substantive issue

Admissibility of plea or action, as on Eurodicautom, is overworked. Evidence is usually admissible or not.

Au fond is on the merits or substance.

Example sentence:

of "entertainability"), such as jurisdiction over the subject matter, ... High Authority has based its action and must confine itself to strictly legal ...

Reference:

http://links.jstor.org/sici?sici=0002-9300(196207)56%3A3%3C724%3ATDOTCO%3E2.0.CO%3B2-Z

Peer comment(s):
neutral Paula McMullan : Do you have any other examples of where this term is used in a legal source? I can't access your link and I have never come across this word in a legal context while practising as a solicitor, but I'm always willing to learn a new word.
6 hrs
You practising as a Sol. in Eng. & Wales, I - noting US, Can, Oz & NZ usage - presume. Try Googling entertainable grounds, request, complaint or appeal: ncw.nic.in/RIGHT_TO_INFORMATION_ACT.pdf
agree Adam Warren
17 hrs
Merci beaucoup, mate.
Something went wrong...
+1
3 days 9 hrs

admissibility of yyyy's lawsuit/proceedings on grounds of substance

Hello,

recevabilité = admissibility

action = lawsuit (proceedings)

Now, the tough part:

au fond = sur le fond = sur le fond du droit = on grounds of substance (the actual content of the lawsuit as opposed "on grounds of procedure" [la forme])

If you apply this meaning to the sentence, it makes perfect sense.

Also,

invoquer au fond = invoke inadmissibility of yyyy's lawsuit on grounds of substance (English prefers to put it at the end of the sentence).


I hope this helps.


http://www.campus.manchester.ac.uk/staffnet/policies/appeals...

Reference:

http://www.millerandzois.com/Plaintiff-Response-to-Defendant-Motion-for-New-Trial.html

httphttp://www.termium.gc.ca/guides/juridi/files/7.html

Peer comment(s):
agree Gina W : yes, admissibility
79 days
Thanks, gad. "au fond" seems to be "on grounds of substance" as opposed to "on grounds of procedure."
Something went wrong...
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