Glossary entry (derived from question below)
French term or phrase:
election de domicile et de for
English translation:
address for service and choice of forum
Added to glossary by
Diana Chemparathy
May 2, 2008 03:37
16 yrs ago
16 viewers *
French term
election de domicile et de for
French to English
Law/Patents
Law: Contract(s)
In a lease contract, one heading says "election de domicile et de for" thanks.
Proposed translations
(English)
Change log
May 7, 2008 13:55: Diana Chemparathy changed "Edited KOG entry" from "<a href="/profile/108667">Diana Chemparathy's</a> old entry - "election de domicile et de for"" to ""address for service and choice of forum""
Proposed translations
+3
1 hr
Selected
address for service and choice of forum
is how it's usually done. In Britain, for 'choice of forum' one often just sees 'Jurisdiction' as an article heading. However, given how specific the French is here and the fact that 'Choice of Forum' is also used in Britain, I'd go with that.
Example sentence:
Sophia Tang, “Choice of Forum Clause and Forum Non Conveniens”, PhD Student, University of. Birmingham, England.
Jurisdiction and choice of forum
Peer comment(s):
agree |
AllegroTrans
: mush better (and correct English legalese) than "election of domicile" which is Franglish anyway
12 hrs
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tks
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agree |
Bentcliff
: This is correct. However, if it's a heading, you can leave out the "choice of" and simply put "adress for service and forum"
12 hrs
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ok.
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agree |
Adrian MM. (X)
: Americans seem to prefer 'venue' for the second part.//I'll assume from that you are American. If so, you or Black's might like to explain why US lawyers include a 'laying of venue' clause in run-of-the-mill contracts.
1 day 4 hrs
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Not really. Different concept. See Aranbright v. Good, 116 P.2d 186: "Venue does not refer to jurisdiction at all." See "Venue" in Black's
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4 KudoZ points awarded for this answer.
33 mins
Election of domicile and place of jurisdiction
The GDT and Google.
Peer comment(s):
agree |
Etienne Muylle Wallace
: exactly!
1 hr
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Merci beaucoup!
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agree |
swanda
4 hrs
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Merci beaucoup!
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agree |
Nina Iordache
: Absolutely!
4 hrs
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Multumesc mult!
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disagree |
Wordwatcher
: domicile is rarely a matter of choice...here the word means: address for service (of process)
7 hrs
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disagree |
AllegroTrans
: "domicile" is where a person lives - the context here is where they want documents to be served, not necessarily at the same address
13 hrs
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disagree |
Bentcliff
: "election of domicile" is devoid of any sense in English. The term is "address for service".
13 hrs
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neutral |
Adrian MM. (X)
: The first part is too close to a domicile of choice in priv. internat. law = conflict of law.
1 day 5 hrs
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7 hrs
Chosen address for service and competent court(s) / place of jurisidction
http://grandictionnaire.com/btml/fra/r_motclef/index800_1.as...
Also:
Council of Europe Legal Dict.: for - court, jurisdiction
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Note added at 7 hrs (2008-05-02 10:55:47 GMT)
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Chosen addresses, plural, addresses of BOTH parties, usually
Also:
Council of Europe Legal Dict.: for - court, jurisdiction
--------------------------------------------------
Note added at 7 hrs (2008-05-02 10:55:47 GMT)
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Chosen addresses, plural, addresses of BOTH parties, usually
2 days 9 hrs
elected domicile and choice of forum
1- Élection de domicile / Elected domicile
"Élection de domicile. Choix d'un lieu où une partie sera réputée domiciliée pour l'exécution d'un contrat. (...) " (Cornu, Vocabulaire juridique).
Compare with:
"Elected domicile: A contractually agreed domicile between parties for purposes of the contract." (Black's Law Dictionary).
Both of the above definitions indicate that an elected domicile is deemed to exist as between the parties in the context of the contract. And domicile is a substantive concept which, in my view, may have more serious consequences than the mere fact that one has an "address for service" in the jurisdiction. I readily acknowledge that "address for service" is the boiler-plate clause in common law contracts, in which "election of domicile" clauses are rare at best. However, I believe we are dealing here with slightly differing legal customs, whose specificities should not be discounted too quickly. At least in so far as the Black's Law Dictionary defines "elected domicile", I would prefer it as a closer equivalent of "élection de domicile".
(Interestingly, the ECHR, in its decisions on cases originating from Italy, systematically translates "domicilio eletto" in English by "elected domicile", maybe out of recognition of the specificity of the civil law notion of "election of domicile" - e.g., search exact phrase: "elected domicile" at http://www.bailii.org/form/search_cases.html).
2- Élection de for / choice of forum
"Choice of forum" seems to be the most common expression.
That being said, other possibilities would be:
(a) "forum selection":
- "forum-selection clause. A contractual provision in which the parties establish the place (such as the country, state or type of court) for specified litigation between them." (Black's Law Dictionary);
- "A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum." (http://en.wikipedia.org/wiki/Forum_selection_clause).
(b) Choice of court:
In line with the recent Convention du 30 juin 2005 sur les contrats d'élection de for / Convention of 30 June 2005 on Choice of Court Agreements, of the Hague Conference on Private International Law (http://www.hcch.net/index_en.php?act=conventions.text&cid=98...
"Élection de domicile. Choix d'un lieu où une partie sera réputée domiciliée pour l'exécution d'un contrat. (...) " (Cornu, Vocabulaire juridique).
Compare with:
"Elected domicile: A contractually agreed domicile between parties for purposes of the contract." (Black's Law Dictionary).
Both of the above definitions indicate that an elected domicile is deemed to exist as between the parties in the context of the contract. And domicile is a substantive concept which, in my view, may have more serious consequences than the mere fact that one has an "address for service" in the jurisdiction. I readily acknowledge that "address for service" is the boiler-plate clause in common law contracts, in which "election of domicile" clauses are rare at best. However, I believe we are dealing here with slightly differing legal customs, whose specificities should not be discounted too quickly. At least in so far as the Black's Law Dictionary defines "elected domicile", I would prefer it as a closer equivalent of "élection de domicile".
(Interestingly, the ECHR, in its decisions on cases originating from Italy, systematically translates "domicilio eletto" in English by "elected domicile", maybe out of recognition of the specificity of the civil law notion of "election of domicile" - e.g., search exact phrase: "elected domicile" at http://www.bailii.org/form/search_cases.html).
2- Élection de for / choice of forum
"Choice of forum" seems to be the most common expression.
That being said, other possibilities would be:
(a) "forum selection":
- "forum-selection clause. A contractual provision in which the parties establish the place (such as the country, state or type of court) for specified litigation between them." (Black's Law Dictionary);
- "A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum." (http://en.wikipedia.org/wiki/Forum_selection_clause).
(b) Choice of court:
In line with the recent Convention du 30 juin 2005 sur les contrats d'élection de for / Convention of 30 June 2005 on Choice of Court Agreements, of the Hague Conference on Private International Law (http://www.hcch.net/index_en.php?act=conventions.text&cid=98...
Peer comment(s):
neutral |
Wordwatcher
: The choice of forum has all the repercussions associated with an elected domicile
1 day 19 hrs
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Discussion