Aug 26, 2006 08:27
17 yrs ago
58 viewers *
French term
France
The Human Translator
Native in: English
Works in: French to English, Russian to English, Spanish to English, and 2 more.
acte extra judiciaire
French to English
Law/Patents
Law: Contract(s)
commercial lease
Trois mois après un commandement de payer ou une sommation d’exécution contenant déclaration, par le bailleur, de son intention d’user du bénéfice de la présente clause, délivrée par un acte extra judiciaire resté infructueux, le bail sera résilié de plein droit si bon semble au bailleur,
means he didnt get a reply when he tried the friendly way, but what is this in legalese?
means he didnt get a reply when he tried the friendly way, but what is this in legalese?
Proposed translations
(English)
| 3 -2 | See comment |
Tia Scott
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| 4 +6 | extrajudicial document |
Angie Garbarino
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| 5 | extrajudicial process |
Francis Marche
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Proposed translations
-2
8 hrs
Selected
See comment
"concordant extra judiciare" means "out-of-court composition." I was wondering if your answer might be some kind of "out-of-court" settlement or something that was done outside the courthouse. When things are legally done the nice way here, they are done out of court.
Reference:
Peer comment(s):
| agree |
Francis Marche
: quite correct: the Baleyte, Kugransky Eco. and Legal Dictionary gives "extrajudicial act" and "act out of court" for Acte extraj.
3 hrs
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| disagree |
lenkl
: Eurospeak. An "extrajudical act" is something one does that is unlawful, no? Don't know about Baleyte et al, but they don't seem reliable.
5 hrs
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| disagree |
Adrian MM. (X)
: It's concordat, anyway. Composition impies a MUTUAL settlement with creditors. This is unilateral notice served out-of-court.
16 hrs
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| disagree |
df49f (X)
: "l'acte" est le document (signifié/served by a process server sans doute mais texte n'en parle pas) par lequel la partie délivre/communique son intention (d'user etc.) - le texte ne dit rien d'autre que ceci (ni out-of-court composition ni process)
1 day 4 hrs
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4 KudoZ points awarded for this answer.
Comment: "Thanks to everyone, this is closest to what I used in the end."
+6
23 mins
Angie Garbarino
Native in French
Specializes in field
Legal-Patent-Accounting-Pharma-Medical
Native in: French (Variants: Belgian, Swiss, Standard-France) 
, Italian (Variants: Genoese, Milanese, Emiliano-Romagnolo, Lombard, Swiss , Standard-Italy, Piedmontese) 
Works in: French to Italian, English to Italian, Spanish to Italian, and 9 more.
extrajudicial document
Le Robert Collins confirme
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Note added at 37 mins (2006-08-26 09:05:14 GMT)
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[PDF] Request for Service Abroad of Judicial or Extrajudicial Document
Format file: PDF/Adobe Acrobat - Version HTML
EXTRAJUDICIAL DOCUMENT. ACTE EXTRAJUDICIAIRE. Convention on the service abroad of judicial and extrajudicial documents In civil or commercial ...
www.usmarshals.gov/forms/usm94.pdf
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Note added at 39 mins (2006-08-26 09:06:55 GMT)
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Service abroad of judicial and extrajudicial documents in civil or ... - [ Traduci questa pagina ]
The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters came into force in ...
www.justice.gouv.qc.ca/english/programmes/sneaje/sneaje-a.h... - 13k -
Request to the Central Authority for Québec for the notification ... - [ Traduci questa pagina ]
Requests for the notification in Québec of judicial or extrajudicial documents under the Hague Convention must be sent to the Central Authority for Québec ...
www.justice.gouv.qc.ca/english/programmes/sneaje/quebec2-a....
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Note added at 3 hrs (2006-08-26 12:16:50 GMT)
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Please let me clarify that I didn't know it was in the glossary
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Note added at 3 hrs (2006-08-26 12:25:50 GMT)
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Another clarification; I realized it was in the glossary when writeway posted the link, it is an answer given in 2001, I dont check glossary before answering to kudoz, I dont have time, and since it seems that someone thinks I just copied from glossary, I want to make it clear that I dont need to grab points, so please don't assign points to me, if you think this answer is correct you can just close it because the answer is in the glossary
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Note added at 4 hrs (2006-08-26 12:48:15 GMT)
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I delet my answer, actually the same term is in the glossary
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Note added at 5 hrs (2006-08-26 13:45:20 GMT)
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I was requested to restore it, so here it is again ^_^ lol
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Note added at 37 mins (2006-08-26 09:05:14 GMT)
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[PDF] Request for Service Abroad of Judicial or Extrajudicial Document
Format file: PDF/Adobe Acrobat - Version HTML
EXTRAJUDICIAL DOCUMENT. ACTE EXTRAJUDICIAIRE. Convention on the service abroad of judicial and extrajudicial documents In civil or commercial ...
www.usmarshals.gov/forms/usm94.pdf
--------------------------------------------------
Note added at 39 mins (2006-08-26 09:06:55 GMT)
--------------------------------------------------
Service abroad of judicial and extrajudicial documents in civil or ... - [ Traduci questa pagina ]
The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters came into force in ...
www.justice.gouv.qc.ca/english/programmes/sneaje/sneaje-a.h... - 13k -
Request to the Central Authority for Québec for the notification ... - [ Traduci questa pagina ]
Requests for the notification in Québec of judicial or extrajudicial documents under the Hague Convention must be sent to the Central Authority for Québec ...
www.justice.gouv.qc.ca/english/programmes/sneaje/quebec2-a....
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Note added at 3 hrs (2006-08-26 12:16:50 GMT)
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Please let me clarify that I didn't know it was in the glossary
--------------------------------------------------
Note added at 3 hrs (2006-08-26 12:25:50 GMT)
--------------------------------------------------
Another clarification; I realized it was in the glossary when writeway posted the link, it is an answer given in 2001, I dont check glossary before answering to kudoz, I dont have time, and since it seems that someone thinks I just copied from glossary, I want to make it clear that I dont need to grab points, so please don't assign points to me, if you think this answer is correct you can just close it because the answer is in the glossary
--------------------------------------------------
Note added at 4 hrs (2006-08-26 12:48:15 GMT)
--------------------------------------------------
I delet my answer, actually the same term is in the glossary
--------------------------------------------------
Note added at 5 hrs (2006-08-26 13:45:20 GMT)
--------------------------------------------------
I was requested to restore it, so here it is again ^_^ lol
Peer comment(s):
| agree |
writeaway
: prefer document-because here it's a document handed over. as in a writ (served by a bailiff) etc. in this context seems to be an alternative to a registered letter with acknowledgement of receipt/no one says you are grabbing points-your answer is fine!!
27 mins
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Yes this is what I meant,// I didnt' know it was in the glossary, It is an answer given in 2001,
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| agree |
celinemollet
1 hr
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Thanks :)
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| disagree |
Francis Marche
: should be "process", as in "process server" + The relevance of The Hague Convention is doubtful in this context
2 hrs
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Hauge convention is just an example,
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| agree |
Ioanna Karamanou
2 hrs
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thanks a lot I dindt know the same answer was in the glossary
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| agree |
df49f (X)
: yes- previously asked and correct answer already in glossary - literally: the intention in delivered/expressed/communicated via/in an extrajudicial document // P/G @angioletta: your answer was correct though unfortunately not selected
3 hrs
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Dear df49f I reallydidnt' know that, It is an answer given in 2001,/ Thank you df, however 7 agrees by professionals like you and the other collegues (especially in this pair) are a huge satisfaction for me:)
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| agree |
Assimina Vavoula
5 hrs
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Thanks :)
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| agree |
JCEC
5 hrs
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thanks :)
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| neutral |
lenkl
: How can a commandement de payer by served by a document? Your sources are interesting, but isn't the document the "commandement" or the "sommation" and isn't it served by process?
12 hrs
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| agree |
Patrice
13 hrs
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Thanks :)
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11 mins
Francis Marche
France
France
Native in French
&
English
Specializes in field
France
36 years experience on 4 continents
Native in: French , English
Works in: English to French, French to English
Related KudoZ points
:
60
extrajudicial process
fairly standard
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Note added at 6 hrs (2006-08-26 15:24:37 GMT)
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"intention d’user du bénéfice de la présente clause, délivrée par un acte extra judiciaire resté infructueux, "
To df49f, JCEC, celinemollet, JMKara, etc.: What is the subject of "délivrée" in the above sentence please? a document?
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Note added at 7 hrs (2006-08-26 15:35:30 GMT)
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A "document" in French is masculine singular, however, "délivrée" is feminine singular, which means, well... that what is refered to here is a bit wider than just serving a document.
Do any of you see a subject other than "intention" (feminine singular) in the sentence above?
"Process" means deliberate action AND document. That is why it should be used here instead of the limitative "document".
I'd add that even in the event that there was only a document served, "process" remained appropriate because the term can also be used in the limited sense of "legal document", as Tom Thumb has demonstrated in his "agreed" note.
I also waive any Kudoz point here.
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Note added at 7 hrs (2006-08-26 15:48:21 GMT)
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For lovers of official glossaries: "extrajudicial process" is shown for "acte extrajudiciaire" in the WTO glossary.
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Note added at 16 hrs (2006-08-27 00:31:08 GMT)
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An illustration of Extrajudicial Process more relevant to the context than the Hague Convention, found in
www.lacoa2.org/Opinions PDF/36968ca.pdf
"The Code of Civil Procedure’s provision for eviction contemplates two notices that the lessor must deliver to or serve upon the defendant in order to regain possession – the five day notice to vacate and the summary rule and court order for the eviction hearing. Thus, when the defendant responds to the notice to vacate or, even without notice, otherwise abandons the premises, the law and jurisprudence hold that the lessor may lawfully regain possession of the premises without further judicial process. La. C.C.P. art. 4731(B); Gibbs v. Harris, 35,239 (La. App. 2d Cir. 10/31/01), 799 So.2d 665. The notice to vacate, which may be waived in the lease, does not require the defendant to appear in court. Article 4703's “tacking” method of service is, therefore, sufficient for this ******extrajudicial process.***** It contemplates that the lease premises are abandoned or closed or the whereabouts of the defendant is unknown. The jurisprudence has noted that this does not mean that defendant must be an absentee or one “who cannot be found and served after a diligent effort.” La. C.C.P. art. 5251(1); Fairfield Property Management Stone Vista Apartments v. Evans, 589 So.2d 83 (La. App. 2d Cir. 1991).
Particularly for the delivery of the notice to vacate, if the lease premises are abandoned or closed or the defendant cannot be found, the notice to vacate may be attached to the door.
When the defendant does not abandon the premises, the lessor must utilize judicial process with the special rule for eviction provided by Article 4731. This is a summary process and the provision for service of process under Article 2594 applies."
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Note added at 6 hrs (2006-08-26 15:24:37 GMT)
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"intention d’user du bénéfice de la présente clause, délivrée par un acte extra judiciaire resté infructueux, "
To df49f, JCEC, celinemollet, JMKara, etc.: What is the subject of "délivrée" in the above sentence please? a document?
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Note added at 7 hrs (2006-08-26 15:35:30 GMT)
--------------------------------------------------
A "document" in French is masculine singular, however, "délivrée" is feminine singular, which means, well... that what is refered to here is a bit wider than just serving a document.
Do any of you see a subject other than "intention" (feminine singular) in the sentence above?
"Process" means deliberate action AND document. That is why it should be used here instead of the limitative "document".
I'd add that even in the event that there was only a document served, "process" remained appropriate because the term can also be used in the limited sense of "legal document", as Tom Thumb has demonstrated in his "agreed" note.
I also waive any Kudoz point here.
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Note added at 7 hrs (2006-08-26 15:48:21 GMT)
--------------------------------------------------
For lovers of official glossaries: "extrajudicial process" is shown for "acte extrajudiciaire" in the WTO glossary.
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Note added at 16 hrs (2006-08-27 00:31:08 GMT)
--------------------------------------------------
An illustration of Extrajudicial Process more relevant to the context than the Hague Convention, found in
www.lacoa2.org/Opinions PDF/36968ca.pdf
"The Code of Civil Procedure’s provision for eviction contemplates two notices that the lessor must deliver to or serve upon the defendant in order to regain possession – the five day notice to vacate and the summary rule and court order for the eviction hearing. Thus, when the defendant responds to the notice to vacate or, even without notice, otherwise abandons the premises, the law and jurisprudence hold that the lessor may lawfully regain possession of the premises without further judicial process. La. C.C.P. art. 4731(B); Gibbs v. Harris, 35,239 (La. App. 2d Cir. 10/31/01), 799 So.2d 665. The notice to vacate, which may be waived in the lease, does not require the defendant to appear in court. Article 4703's “tacking” method of service is, therefore, sufficient for this ******extrajudicial process.***** It contemplates that the lease premises are abandoned or closed or the whereabouts of the defendant is unknown. The jurisprudence has noted that this does not mean that defendant must be an absentee or one “who cannot be found and served after a diligent effort.” La. C.C.P. art. 5251(1); Fairfield Property Management Stone Vista Apartments v. Evans, 589 So.2d 83 (La. App. 2d Cir. 1991).
Particularly for the delivery of the notice to vacate, if the lease premises are abandoned or closed or the defendant cannot be found, the notice to vacate may be attached to the door.
When the defendant does not abandon the premises, the lessor must utilize judicial process with the special rule for eviction provided by Article 4731. This is a summary process and the provision for service of process under Article 2594 applies."
Peer comment(s):
| disagree |
df49f (X)
: in this case, the text refers to the document served, not to the service process by a process server// une lecture correcte du français révèlera que délivrée (f.) refers to intention (f.) l'intention est communiquée via un acte (document) extrajudiciaire
3 hrs
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Sorry, the texte DOES NOT refer to the document served: "délivrée" (fem. Sing.) CANNOT be for "document" (masc).
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| agree |
Adrian MM. (X)
: are you sure df49f ? Service of process means of any type of legal doc. Process is not a procedure is this case. I've served 'process' myself in civ. cases: en.wikipedia.org/wiki/Service_of_process
4 hrs
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Thanks! could not say it better Tom Thumb.
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| disagree |
JCEC
: In this context, it can only be a document.
6 hrs
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what if a process is a document, mmmhhhm?
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| agree |
lenkl
: The notice or summons is served by ej process, it seems to me, not by "document".
13 hrs
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Discussion