Glossary entry

French term or phrase:

garant

English translation:

(as witness) in support of, vouching for, confirming OR surety

Added to glossary by Silvia Brandon-Pérez
Aug 30, 2007 17:03
16 yrs ago
22 viewers *
French term

garant

French to English Law/Patents Law (general) Small Claims: note in the Plaintiff vs Defendant part of a legal document
Under the identification of the Defendant in a Small Claims Court document, a second party (another similar business) is cited as follows: "Compagnie XYZ - Vous êtes demandé comme garant par la partie défenderesse". I don't think this is "guarantor" in the traditional sense of the word (i.e. I don't think they are being asked to assume any financial responsibility), but rather more in the sense of vouching for the Defendant. However, I am at a loss for a good legalese rendering that would pass muster. Would "guarantor" still work without being misleading? Suggestions?
Change log

Sep 23, 2007 15:19: Silvia Brandon-Pérez changed "Edited KOG entry" from "<a href="/profile/79421">Jennifer Strachan's</a> old entry - "garant"" to ""(as witness) in support of, vouching for, confirming OR surety""

Discussion

AllegroTrans Aug 30, 2007:
Mmmm... so the "garant" is another company, well that is a start. Could you paste in more of the text concerning the request? This is unclear at the moment, although I have a few hunches, like BusterK
BusterK Aug 30, 2007:
IMO, the fact that this is a company implies some sort of financial guarantee or technical support. Otherwise, a person would have been summoned such as the CEO or chairman...
Jennifer Strachan (asker) Aug 30, 2007:
Nothing more is mentioned about this second company, which is located in another province, but appears to be the head office. The amount claimed is only $500, so I doubt company B is being asked to provide legal costs (particularly given that this is Small Claims and no laywers are as yet involved).
AllegroTrans Aug 30, 2007:
have you any more context - is it something to do with legal representation, or is the "garant" being asked to provide security for legal costs or to pay money into Court, perhaps? Is Company XYZ insolvent, impecunious, outside the country, perhaps?

Proposed translations

+2
7 mins
Selected

(as witness) in support of, vouching for, confirming OR surety

I would not use guarantor because that does connote a guarantee of payment in this context. However, if it does in fact entail a relationship of payment guarantee, then you could use guarantor or surety.

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Note added at 2 hrs (2007-08-30 19:07:23 GMT)
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If this has to do with vouching for, as in a witness, consider 'person that vouches for' as suggested by Anca.
Peer comment(s):

neutral AllegroTrans : Without knowing the context, or the exact requirement the Court is imposing, this is no more than a guess - we need context (as always.....)
2 mins
Of course. Note that I included both options in my translation, if used to vouch for, or if used as a surety.
agree Anca Nitu : guarantor/person that vouches for the defendant, I think it's this: http://de.wikipedia.org/wiki/Garantenpflicht and it was somehow "transferred" into French
1 hr
Thank you, Anca. I like the 'person that vouches for.'
agree Gina W
3 days 13 hrs
Thank you, Gad.
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3 KudoZ points awarded for this answer. Comment: "These are all great alternatives in cases where "guarantor" is not necessarily appropriate. Thanks."
6 hrs

answerable / responsible

Collins-Robert's explanation for garant (jur) is "to be answerable ou responsible for sth".

I don't know; I just quote.

As words often have quite different and distinct meanings in legal context, I strongly suggest further research before choosing.
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