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départ en carénage

Glossary entry

French term or phrase:

tant de son acte valant demande initiale que

English translation:

both of their writ operating as an initial application and

Added to glossary by Adrian MM. (X)
May 6, 2013 15:33
11 yrs ago
French term

tant de son acte valant demande initiale que

French to English Law/Patents Law (general) Legal Findings
ADJUGER à la concluante l’entier bénéfice tant de son acte valant demande initiale que des présentes écritures.

GRANTS/AWARDS the pleading party the full benefit both of its act of initial application and of the present pleadings.

Can we use "both" here?
Proposed translations (English)
3 both of their writ operating as an originating application and
3 both of his/her/its initial statement of claim
Change log

May 11, 2013 07:14: Adrian MM. (X) Created KOG entry

Discussion

Catherine Pawlick (asker) May 8, 2013:
Thanks )) I will try to decipher it (again) and see what I can figure out ))
AllegroTrans May 7, 2013:
Asker You are hesitant, so I must be hesitant. You need to go through the document systematically to see who the parties are and what is the dispute. If in doubt you may need to ask your client. Without seeing the whole of your document, it is impossible to guess from out here.
Catherine Pawlick (asker) May 7, 2013:
Thanks -- well the title is Conclusions (Pleadings) however there is no reference to anything other than "pleading" in the text. Which is why I was hesitant to call it an appeal? But if it's not incorrect in that context to do so, I can use "initial notice of appeal" too. I am wondering the difference between that and "writ operating as originating application" -- which would an attorney use?
AllegroTrans May 7, 2013:
acte valant demande initiale asker, now you have said it is an appeal, you could possibly consider using "initial notice of appeal" if this is speaking og the appellant's pleading.

Proposed translations

6 hrs
Selected

both of their writ operating as an originating application and

Yes both .... and or as well as.

So maybe: FIND in favo(ur) of my client(s) on all points, both of their writ {process served} operating as an originating application {not summons for legalistic reasons} and of these submissions/ pleadings.





Example sentence:

find for (or find in favour of). Law (of a court) make a decision in favour of, or judge to be innocent:the Court of Exchequer found for the plaintiffs oxforddictionaries.com/definition/english/find‎

Note from asker:
how would I know then what "acte valant demande" should be in this context? I went with "initial application" as that seemed most general...the document itself is from the Appeals Court in Cameroon
Peer comment(s):
neutral AllegroTrans : originating application is a very specific English procedure; how do you get from acte valant demande to there, bearing in mind the ST is from a FR-spkg jurisdiction?//OK so it could equally be a notice of appeal? or a petition for bankruptcy?
13 mins
Doesn't matter. The acte is supposed to valoir, namely act, as the initial application. It is by no means certain that it is a 'document introducing the proceedings' in Eurospeak or a statement of claim and not an appeal submission.//Ask the asker.
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4 KudoZ points awarded for this answer.
41 mins

both of his/her/its initial statement of claim

Asker, "act" is a false friend here you need to look at "acte valant demande£ as a whole term

This is legal terminology and you need to think in terms of the words that a lawyer would use.
Note from asker:
thanks -- this is helpful
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