Plaignant vs. Demandeur

19:38 Mar 17, 2021
English to French translations [PRO]
Law/Patents - Law: Contract(s) / Sales contract
English term or phrase: Plaignant vs. Demandeur
I would like to verify the use of
Plaignant vs. Demandeur

as applied to Civil Matters vs. Criminal Court in France.
Could someone verify please?
Thank you
Gabriella Bertelmann
Local time: 12:10


Summary of answers provided
4 +1demandeur/requérant
Francois Boye
5claimant or plaintiff
AllegroTrans
3crim. complainant vs. civ. applicant e.g. for an injunction and claimant post-injunction
Adrian MM.


Discussion entries: 9





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
plaignant vs. demandeur
demandeur/requérant


Explanation:
Le "demandeur" ou "le requérant", est la personne physique ou morale qui a pris l'initiative d'engager une procédure judiciaire en vue de faire reconnaître un droit. Son adversaire est le "défendeur ".

Francois Boye
United States
Local time: 06:10
Native speaker of: Native in FrenchFrench
PRO pts in category: 221

Peer comments on this answer (and responses from the answerer)
agree  Samuel Clarisse
12 mins
  -> Thanks!
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5 hrs   confidence: Answerer confidence 5/5
plaignant vs. demandeur
claimant or plaintiff


Explanation:
But not applicant
Claimant is now the term used in civil proceedings in England & Wales as well as many Commonwealth countries
Plaintiff is still in widespread use in many countries including the US
Plaignant and demandeur have the same meaning in civil cases, but I have never seen plaignant used in this sense. It is more commonly used in criminal matters where the nearest English term would be "complainant"


AllegroTrans
United Kingdom
Local time: 11:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 374

Peer comments on this answer (and responses from the answerer)
disagree  Francois Boye: I would like to verify the use of Plaignant vs. Demandeur, said Asker//This exercise is about translating from English to French.
12 hrs
  -> Please read the last two lines of my explanation

agree  Eliza Hall: I agree, not applicant--in US EN we would say Petitioner for civil cases where "plaintiff" wasn't appropriate, and often for administrative cases.
13 hrs
  -> Thanks, and I believe my penultimate line answers the asker's question
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2 days 17 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
plaignant vs. demandeur
crim. complainant vs. civ. applicant e.g. for an injunction and claimant post-injunction


Explanation:
Complainant - see Allegro's explanation, besides being used for complaints to the UK police, is also used in tribunal cases in E+W e.g. for employment and for US civil complaints.

demandeur is Scots law would be called a pursuer and the opposing party a defender.

The supplicant of a civil injunction in E+W is described in High Court writs in the alternative as 'applicant / claimant' and the opponent as 'respondent / defendant', the reason being that the titles of the parties change on the prelim. case turning into a fully blown action.

Middling confidence level as UK Solicitors - as traditionally 'difficult' translation clients in London - used to 'complain' pre-Lord Woolf civil justice reforms in 1998 - unwisely about the > into ENG translation by an inhouse Litigation Solicitor colleague of mine - that the correct term for a civil restraining injunction is a 'claim' and not an 'application' for such process.

Otherwise, I agree with with the Discussion Entries of the Discussion Intrants laurent Di R. and Schtroumpf.


Example sentence(s):
  • USA: An arrest, by itself, doesn’t begin formal criminal proceedings. Rather, the filing of a document in court is required. In most instances in state court, the document is a “complaint.”
  • SA: COMPLAINT FORM FOR THE RENTAL HOUSING TRIBUNAL

    Reference: http://www.aroostook.me.us/what-is-a-criminal-complaint.html
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 7

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: All corect oeuf corse, but I suspect the asker has lost interest
1 day 21 hrs

disagree  Francois Boye: This exercise is about translating from English to French
4 days
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