legittimato passivo

English translation: standing as defendant

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:legittimato passivo
English translation:standing as defendant
Entered by: Amy Christie

12:41 Jun 11, 2007
Italian to English translations [PRO]
Law/Patents - Law (general) / legal proceedings
Italian term or phrase: legittimato passivo
I am translating court notes relating to an appeal at the Court of Cassation.

al fine di garantire un corretto contraddittorio, i soli legittimati passivi dell'azione ex art. c.c. debbono essere, oltre al presunto genitore, esclusivamente i suoi eredi diretti, essendo l'azione di accertamento della filiazione naturale improponibile in caso di loro mancanza.

I can't think of the English term for legittimati passivi.

Any help much appreciated!
Amy Christie
United Kingdom
Local time: 19:14
standing as defendant
Explanation:
we've had this before.

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Note added at 16 mins (2007-06-11 12:57:17 GMT)
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http://www.proz.com/kudoz/941613
Selected response from:

Jonathan Morris
Grading comment
Thanks - much obliged. I was temporarily swayed by passive heirs, but the term includes the 'presunto genitore'.
Thank you all very much for you time!
4 KudoZ points were awarded for this answer



Summary of answers provided
4standing as defendant
Jonathan Morris
4entitled to defend the action
Jean Martin
3Passive heirs
Gad Kohenov
3 -1authorised to defend
James (Jim) Davis


  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
authorised to defend


Explanation:
only those authorised to defend

I know that passivo is the defense and attivo is the plaintiff.

James (Jim) Davis
Seychelles
Local time: 22:14
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1667

Peer comments on this answer (and responses from the answerer)
disagree  Jonathan Morris: blurs the distinction between defending counsel and defendant
9 mins
  -> You're right: less haste more speed I suppose. You're not allowed to proof read these the next day ;-)
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15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
standing as defendant


Explanation:
we've had this before.

--------------------------------------------------
Note added at 16 mins (2007-06-11 12:57:17 GMT)
--------------------------------------------------

http://www.proz.com/kudoz/941613

Jonathan Morris
Specializes in field
Native speaker of: English
PRO pts in category: 57
Grading comment
Thanks - much obliged. I was temporarily swayed by passive heirs, but the term includes the 'presunto genitore'.
Thank you all very much for you time!
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30 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
entitled to defend the action


Explanation:
This is a civil case and these are the persons entitled under civil law to defend the action in question .

Jean Martin
Local time: 19:14
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 598
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Passive heirs


Explanation:
Judging from the context which is about "eredi", we are talking of passive heirs versus active heirs. I googled and found filiazione naturale (figlio naturale is a natural child). This is an explanation or who is entitled to what when a will is read or something of that kind. A lot of google hits for both passive and active heirs.
Is there any lawyer here that can confirm this?

Gad Kohenov
Israel
Local time: 21:14
Works in field
Native speaker of: Native in FrenchFrench, Native in HebrewHebrew
PRO pts in category: 394
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