This question was closed without grading. Reason: No acceptable answer
Jun 8, 2009 16:39
14 yrs ago
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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.
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 | Penny Hewson (X) |
Proposed translations
7 mins
action to enforce a guarantee or warranty
According to the Council of Europe F-E legal dictionary
Reference comments
1 hr
Reference:
appel en garantie, assignation en garantie
see answer to a previous kudoz
Reference:
http://www.proz.com/kudoz/french_to_english/law%3A_contracts/490260-appel_en_garantie.html#1260351
Discussion
Special thanks to Tom for the extensive answer, I think "third-party summons" is the correct term.
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/
Donner assignation : give a 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.
There are two related documents: 1. "Assignation" (issued earlier, also called "assignation principale") and 2. "Assignation en garantie". <br><br>