Feb 17, 2009 15:35
15 yrs ago
10 viewers *
French term

statuant en audience foraine

French to English Law/Patents Law (general) court
Phrase:
"Tribunal de Grande Instance de *** statuant en audience foraine du Tribunal de Commerce de ****"
Je sais que l'audience foraine est "out-of-town hearing",
mais je suis confuse quant au tribunal qui prononce l'arret - si c'est l'audience du tribunal de commerce, comment est-ce que c'est le tribunal de grande instance qui statue???

Discussion

Craig Macdonald Feb 17, 2009:
seems so Yes, it seems to be that way: try www.google.fr with "audience foraine"
Kylli (asker) Feb 17, 2009:
Audience = locaux? So, "audience du..." actually means "locaux du..."?
Craig Macdonald Feb 17, 2009:
Trib de. Grand Instance is hearing elsewhere I believe the situation is that the Trib. de Grande Instance is hearing the case at the location of the Trib de Commerce, so the former would be passing judgment.

Proposed translations

7 hrs
Selected

acting in an extra-jurisdictional/extra-territorial hearing

According to Multidico French dictionary:

Audience foraine, audience tenue par le juge d'instance hors du chef-lieu de la circonscription du tribunal.

The Lectric Law dictionary defines jurisdiction as:

A power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory and his power in relation to his territory is called his territorial jurisdiction.

So, if the territory in which a judge/court has power to take decisions is "territorial", one in which such judge or court lack power to make decisions would be an extra-territorial juridiction.

As regards your other question, I guess this may be a case of "concurrent jurisdiction", i.e, a jurisdiction that may be entertained by more than one court. (the power of both courts to make decisions "overlaps" to put it in simple words),
Hope it'll help
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