French term
une ordonnance réputée contradictoire
Il s'agit d'une signification par huissier d'une décision rendue par le JAF. Ma question porte sur le terme "contradictoire". Le terme "contradictory" ne me semble pas convenir ici. La seconde possiblitlité que je vois serait "after hearing of both parties" que je trouve un peu longue , mais je ne trouve pas le mot juste. D'autant que dans l'ordonnance en question, l'une seulement des parties a été entendue, l'autre n'ayant pas comparu et n'étant pas représentée.
Quel est votre avis ? Merci à l'avance pour votre aide.
| 4 | a court order deemed adversarial |
Daryo
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| 3 | an order deemed to be after due hearing of the parties |
Mpoma
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Oct 26, 2021 19:42: Julie Barber changed "Level" from "Non-PRO" to "PRO"
PRO (3): Yolanda Broad, Daryo, Julie Barber
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Proposed translations
a court order deemed adversarial
A judgment 'deemed adversarial' has the same effects as an adversarial judgment. It is so described to underline the fact that while the plaintiff did not appear at ...
Introduction to French Law - Page 323 - Google Books
[http://books.google.co.uk/books?id=2ULv4NzlAFEC&pg=PA323&lpg...]
| Thank you Daryo. |
| neutral |
Nikki Scott-Despaigne
: I quite like this. It is a neat way of expressing it and avoids the other lengthy options. An order cannot be adversarial; the proceedings from which it results are adversarial. Howabout " a court order from proceedings deemed adversarial"?
13 hrs
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yes, good option // OTOH, it's maybe not strictly speaking a 100% correct usage, but you do find it in credible references.
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an order deemed to be after due hearing of the parties
| Thank you. I have also come across "contradictoire" a lot of times, when I used to translate survey reports from French into English for insurances. I used to translate by "in the presence of all parties". I agree with your proposal. But I think Daryo's one is interesting too. |
| neutral |
Nikki Scott-Despaigne
: Not quite ; it means that both parties have had the opportunity to be heard.
12 hrs
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Discussion
You can't expect legal concepts to be always easily understandable by standards of the everyday language; for example, there's nothing particularly private nor international in "private international law", you still have "le fait du Prince" as a concept in French law, despite the Ancien Régime being abolished long ago and most of the aristos having had a close encounter with Dr. Guillotin, etc...