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民事诉讼代理人 / 委任人 / 受任人

English translation: legal representative in civil action/principal/trustee

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:民事诉讼代理人 / 委任人 / 受任人
English translation:legal representative in civil action/principal/trustee

00:14 Apr 26, 2002
Chinese to English translations [Non-PRO]
Law/Patents
Chinese term or phrase: 民事诉讼代理人 / 委任人 / 受任人
What would your professionals out there translate these?
chris
legal representative in civil action/principal/trustee
Explanation:
These are my preferences from the options given in the Chinese-English Law Dictionary of the "Publishing House of Law" ISBN 7-5036-2284-9/H.13
It is a very complete and handy dictionary that costs only RMB68 in the Mainland.
Selected response from:

David Rockell (X)
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3legal representative in civil action/principal/trustee
David Rockell (X)
5agent (representative) ad litem (in civil action)/mandator, principal/mandatary, agent
Raymond Chu


  

Answers


21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
legal representative in civil action/principal/trustee


Explanation:
These are my preferences from the options given in the Chinese-English Law Dictionary of the "Publishing House of Law" ISBN 7-5036-2284-9/H.13
It is a very complete and handy dictionary that costs only RMB68 in the Mainland.

David Rockell (X)
PRO pts in pair: 23

Peer comments on this answer (and responses from the answerer)
agree  Kevin Yang
21 mins
agree  Libin PhD
1 hr
agree  IgorD
7 hrs
Login to enter a peer comment (or grade)

9 hrs   confidence: Answerer confidence 5/5
agent (representative) ad litem (in civil action)/mandator, principal/mandatary, agent


Explanation:
In English, the words "agent" and "representative" are in most cases interchangeable, although the latter is term with broader meaning. In the practice of Anglo-American civil procedures, only a lawyer may appear at the court to argue the case on behalf of a party in a lawsuit, and he is simply called "attorney (or counsel) for the plaintiff (or defendant)". The term "agent (or representative) ad litem" is actually unknown in Anglo-American system. But, to translate the Chinese legal term 民事訴訟代理人 into nearly equivalent and understanble English, there seems no better solution than literal translation, because the Chinese term represents a much broader concept than "attorney for plaintiff or defendant." The phrase "in civil action," however, may be omitted unless it is absolutely necessary for clarity.

In Chinese law, the legal relation between 委任人 and 受任人 is based on a contract of mandate (委任合同),also called contract of agency by mandate (委任代理合同), which is a civil law concept. In the civil law system, a mandate is a contract by which one person (the mandator) requests someone (the mandatary) to perform some service. (Black's Law Dictionary) It is similar to a contract of agency in Anglo-American law. In Chinese law, the terms 委任人 (mandator)and 本人 (principal) are used interchangeably. So are the terms 受任人 (mandatary)and 代理人 (agent). It must be pointed out, however, that the Chinese statutory term for 委任 is 委托, although they mean exactly the same thing.

Raymond Chu
Taiwan
Local time: 16:08
PRO pts in pair: 161
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