ASSIGNATION SUR ET AUX FINS...

13:02 Feb 24, 2020
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: ASSIGNATION SUR ET AUX FINS...
I'd be grateful if someone could explain the difference between the above (Assignation sur et aux fins devant le juge du contentieux de ...' and 'Assignation au fond devant le juge du contentieux de ...'. This appears at the head of a summons instigated by a plaintiff against a non-payee. Thanks for all help!
Dragoman-ts
Italy


Summary of answers provided
4A question of process
Helene_J


  

Answers


64 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
A question of process


Explanation:
Hi,
These are two different concepts.
An "assignation sur et aux fins de" - litterally "summons based on and for the purposes of" is short for "based on and for the purposes of a previous summons", e.g., when something went wrong with the initial summons (some error/typo was made, some period expired...) so that another one had to be served for the same purposes. The claim stated in such an amended summons can be "sur le fond" (substantive/on the merits) or "en référé" (for an emergency injunction), etc., but the two concepts are unrelated.
Hope this helps!


    Reference: http://https://juricaf.org/arret/FRANCE-COURDECASSATION-1995...
Helene_J
Local time: 03:36
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