Glossary entry (derived from question below)
français term or phrase:
appel en garantie
anglais translation:
third-party claim (Can.) / part 20 claim (U.S.)
Added to glossary by
Conor McAuley
Dec 8, 2009 18:11
14 yrs ago
53 viewers *
français term
appel en garantie
français vers anglais
Droit / Brevets
Droit (général)
Contrat de prêt de matériel
"Tout litige survenant sur l’interprétation et/ou l’exécution du présent contrat est de la compétence exclusive des tribunaux de Nantes et ce, nonobstant ***appel en garantie*** ou pénalité de défendeurs."
The Council of Europe Legal Dictionary has "proceedings against a guarantor which may take the form of giving third party notice".
The Council of Europe Legal Dictionary has "proceedings against a guarantor which may take the form of giving third party notice".
Proposed translations
(anglais)
4 | third party claim | Rafael Wugalter (X) |
4 | proceedings against the guarantor | Jack Dunwell |
4 | third-party proceedings | wfarkas (X) |
References
This is often translated as 'introductio... | cmwilliams (X) |
Proposed translations
3 heures
Selected
third party claim
It depends on the jurisdiction, but it should be emphasized that it is NOT an appeal. It happens when a defendant in an existing action decides to sue someone else whom he feels is liable for some or all of the damages and will therefore offset the defendant's own liability to some extent. In Canada, this is often known as a third party claim.
Note from asker:
? |
@ Thomas: Why neutral and then thanks? |
4 KudoZ points awarded for this answer.
Comment: "All answers were valid, I can only award points to one person. "
1 jour 2 heures
proceedings against the guarantor
which may take the form of a third party claim.
I quote Bridge.
I quote Bridge.
1 jour 5 heures
third-party proceedings
Procedural method whereby a defendant in an action may petition additional parties to join the action agains him.
Reference:
http://law.jrank.org/pages/17873/third-party-proceedings.html
http://law.jrank.org/pages/16631/Part-20-claim.html#ixzz0ZEoyAV9l
Reference comments
2 heures
Reference:
This is often translated as 'introduction of third parties'. See previous questions:
http://www.proz.com/kudoz/french_to_english/law_patents/4867...
http://www.proz.com/kudoz/french_to_english/law:_contracts/2...
The ability to pass on liability to a third party under French law is permitted under French substantive law in certain circumstances (such as where a contractual guarantee exists or where liability is joint and several). As a procedural matter it is governed by the rules relating to l’intervention forcé. This comprises the possibility of a defendant requiring a third person to become a party to the proceedings issued by the plaintiff as a co-defendant provided that the defendant has a principal cause of action against such third party or can show that there is an interest in having the judgment binding upon such third person. One particular example of this right is where a party to litigation before the French courts can require a third person that has guaranteed the litigious debt to become a party to such litigation (appel en garantie) and thus be bound by any judgment issued by the courts.
http://www.iclg.co.uk/index.php?area=4&country_results=1&kh_...
http://www.proz.com/kudoz/french_to_english/law_patents/4867...
http://www.proz.com/kudoz/french_to_english/law:_contracts/2...
The ability to pass on liability to a third party under French law is permitted under French substantive law in certain circumstances (such as where a contractual guarantee exists or where liability is joint and several). As a procedural matter it is governed by the rules relating to l’intervention forcé. This comprises the possibility of a defendant requiring a third person to become a party to the proceedings issued by the plaintiff as a co-defendant provided that the defendant has a principal cause of action against such third party or can show that there is an interest in having the judgment binding upon such third person. One particular example of this right is where a party to litigation before the French courts can require a third person that has guaranteed the litigious debt to become a party to such litigation (appel en garantie) and thus be bound by any judgment issued by the courts.
http://www.iclg.co.uk/index.php?area=4&country_results=1&kh_...
Something went wrong...