Jul 30, 2016 08:30
7 yrs ago
37 viewers *
French term
France
sommation interpellative de prendre parti
French to English
Law/Patents
Law (general)
Court
Please could someone help me with the correct English terminology for "Sommation interpellative de prendre parti"?
The context is that it is the title of a legal summons (sommation) for someone to indicate their position (parti) in a succession - i.e. whether they wish to accept or refuse it.
Sommation interpellative = interpellation order, summons or subpoena.
It's the prendre parti bit afterwards that is posing a problem.
I have come up with "interpellation order/subpoena to declare position" but wondered if anyone had a better idea (also posted on WR but no response as yet)
The context is that it is the title of a legal summons (sommation) for someone to indicate their position (parti) in a succession - i.e. whether they wish to accept or refuse it.
Sommation interpellative = interpellation order, summons or subpoena.
It's the prendre parti bit afterwards that is posing a problem.
I have come up with "interpellation order/subpoena to declare position" but wondered if anyone had a better idea (also posted on WR but no response as yet)
Proposed translations
(English)
| 4 +1 | (gen) notice to beneficiaries to respond; (E&W probate) citation to accept or disclaim inheritance |
Adrian MM. (X)
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Proposed translations
+1
4 hrs
Selected
(gen) notice to beneficiaries to respond; (E&W probate) citation to accept or disclaim inheritance
Here's another unemotive stab at an answer.
(E&W probate) a citation as opposed to 1. an (s. 27 of the UK Admin. of Estates Act 1925) advertisement to creditors or beneficiaries of an estate of a (BrE) deceased > (AmE) decedent to come forward or 2. a caveat stopping proving of the Will.
... prendre parti: otherwise in litigation - notice to respond or enter a 'joinder of issue' e.g. answer a civil case pleading or enter a plea to a criminal charge brought (cf. Einlassung in DE).
2 problems with citation in BrE:
1. is an England & Wales probate vs. Scots law 'letters of confirmation' process and
2. is directed to a reluctant executor or executrix and not an heir(ess)-at-law or a creditor etc. to show why probate should not be granted.
L
(E&W probate) a citation as opposed to 1. an (s. 27 of the UK Admin. of Estates Act 1925) advertisement to creditors or beneficiaries of an estate of a (BrE) deceased > (AmE) decedent to come forward or 2. a caveat stopping proving of the Will.
... prendre parti: otherwise in litigation - notice to respond or enter a 'joinder of issue' e.g. answer a civil case pleading or enter a plea to a criminal charge brought (cf. Einlassung in DE).
2 problems with citation in BrE:
1. is an England & Wales probate vs. Scots law 'letters of confirmation' process and
2. is directed to a reluctant executor or executrix and not an heir(ess)-at-law or a creditor etc. to show why probate should not be granted.
L
Example sentence:
A citation is issued to compel a reluctant executor to apply for a grant of probate, and if the person cited fails to proceed with the probate, is then under rule 25 – 11 (5) deemed to have renounced as executor,-
Reference:
http://www.proz.com/kudoz/french_to_english/law_general/1224295-sommation_interpellative.html
Peer comment(s):
| agree |
AllegroTrans
: Both options work; no real need to explain E&W USA and Sc. (and anyways what about Cyprus, the Pitcairn Isalnds and the Isle of Man if it comes to it?)// Yes, both options work
31 mins
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Thanks. I'm pretty sure that a 'probate citation' works in EN Common Law jurisdictions, such as Greek Cyprus & Gib (the majority of whose qualified lawyers have clocked up the EN Bar Exam), the Pitcairn & Channel Islands or Isle of Man.
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1 KudoZ points awarded for this answer.
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