This question was closed without grading. Reason: No acceptable answer
Jun 8, 2009 16:39
14 yrs ago
28 viewers *
French term

assignation en garantie

French to English Law/Patents Law (general) civil law
"Assignation en garantie devant le tribunal de commerce" -
c'est le titre d'un acte etabli par un huissier de justice.
As I understand this is a citation to appear in court, but what does this "en garantie" mean?
Thanks in advance.
Proposed translations (English)
4 action to enforce a guarantee or warranty

Discussion

Kristina Radziulyte (asker) Jun 8, 2009:
No grading Thanks Michèle for your friendly help and Penny, I hope you won't be offended that I'm closing this question without grading.
Special thanks to Tom for the extensive answer, I think "third-party summons" is the correct term.
Michèle Voyer Jun 8, 2009:
Thanks Tom for coming to the rescue. I hope no points are granted for this question as you deserve them. I withdrew my comvoluted answer (at least I was not completely wrong with the idea that the word assignation merits to appear in the answer!).



Adrian MM. (X) Jun 8, 2009:
Service of third-party notice or summons As a Non-ProZ member, I am barred from posting an answer. But the phrase - short for *assignation d'appel en garantie* - is a third-party summons.

In the UK, the garantie is reflected by the suffix: joined in 'for a contribution and indemnity'. The latter is not strictly a guarantee given to the plaintiff, but a third party, joined in by the defendant, indemnifies the latter if ordered to pay an award. NB A co-defendant is added by the claimant/plaintiff.

Despite IATE's entry lifted from FHS Bridge's uncharacteristically but disastrously misguided translation, it has nowt to do with enforcing a guarantee or warranty, as will be belied within 2 minutes of Googling: conwww.lexeek.com/droit/4689-assignation-appel-garantie/
Michèle Voyer Jun 8, 2009:
Just before leaving, it's a twofold procedure, you have the main defendant (assignation principale) and the person summoned by the warranty, the third party.
Donner assignation : give a summons.
Michèle Voyer Jun 8, 2009:
In this case, I think the word "assignation" corresponds to "summons".
The proposed answer from Penny appears incomplete. But I am not 100% sure and I am not familiar with the equivalent procedure in English law. And unfortunately, I have to finish an urgent mandate. I hope a more experienced lawyer/translator will intervene here. Sorry that I can't be more of help.
Kristina Radziulyte (asker) Jun 8, 2009:
More context "J'ai, huissier soussigné, donné assignation a: [noms des sociétés concernées] d'avoir comparaitre a l'audience [date]"...

There are two related documents: 1. "Assignation" (issued earlier, also called "assignation principale") and 2. "Assignation en garantie". <br><br>

Proposed translations

7 mins

action to enforce a guarantee or warranty

According to the Council of Europe F-E legal dictionary
Something went wrong...

Reference comments

1 hr
Reference:

appel en garantie, assignation en garantie

see answer to a previous kudoz
Peer comments on this reference comment:

agree Guetta
4664 days
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