Glossary entry

French term or phrase:

reste saisi du moyen développé dans les écritures adverses

English translation:

still has before it the one dealing with the submission/appeal ground/ argued in the other side's pleadings

Added to glossary by Paul Stevens
Jul 21, 2004 08:58
20 yrs ago
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French term

saisi du moyen développé dans les écritures adverses

French to English Law/Patents Law (general)
Extract from document regarding plea hearings. I'm looking for a nice, succinct legalese term for the words in brackets. Any help greatly appreciated:

"Nous avons été toutefois surpris, tout comme XXXXXX, que les exceptions de procédure concernant les OPCVM n’aient pas été développées verbalement devant le tribunal (qui reste toutefois saisi du moyen développé dans les écritures adverses)."

Proposed translations

1 hr
Selected

the one dealing with the submission/appeal ground/ argued in the other side's pleadings

...'however, still has before it...'


saisi de = has the case before it; in conflict of laws = priv. internat. law 'court first seised (of the matter)' is the domestic ct. first dealing with the case. 'Seised of' a ground or subm. is what it lit. is-
Peer comment(s):

disagree Koen Roelens : Question closed. I don't want to sound like a "bad loser", but seriously, "saisi de" does not just mean that the court has the case before it. It means that the court is legally required to answer the arguments and pass judgment. "The one dealing with"???
11 days
Wrong in law. The court 'first seised' can decline jurisid. and send the case back on 'renvoi' to another court. The Court is 'still seised of the matter'. No court has to answer. Saisine: acte par lequel un plaideur saisit un juridiction: refer case
agree B D Finch : A bit late, but I'll give this an agree just to reassure anyone misled by the completely wrong "disagree" posted by the person who also posted a completely wrong answer.
3921 days
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4 KudoZ points awarded for this answer. Comment: "Many thanks. Apologies for delay in grading - I've been on holiday for a week"
14 hrs

required to answer the means put forward in writing by the opposite partyy

That the procedural exceptions (…) had not been put forward orally before the Tribunal, which nonetheless is required to answer the means put forward in writing by the opposite party
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