Glossary entry

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".
Proposed translations (anglais)
4 third party claim
4 proceedings against the guarantor
4 third-party proceedings

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:
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@ Thomas: Why neutral and then thanks?
Peer comment(s):

neutral Thomas Miles : Thanks for your helpful explanation.
3765 jours
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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.
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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.
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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_...
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