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Having my own fish to fry, I'm afraid I'll have to leave my answer at this.
Adrian MM. (X)
Filling in the picture
18:10 Mar 11, 2013
Appreciating the confidentiality issue and the 'balancing act' of how much info. to dislcose without giving away the litigants, I find it's still unclear who is the Demandeur à l'incident and at what stage:
X family make counter claim: > if them, then they are counterclaimants or 'plaintiffs to the counterclaim' X loses x appeals on grounds that TGI not competent (from personal experience of Perigieux would agree)> appellant/applicant to the interlocutory issue of subject-matter jurisdiction/ratione materiae Goes to appeal at Bordeaux X loses then appeals on grounds of legal domicile versus residence and now wants it to be judged in Ireland> appellant/applicant to the interlocutory issue of territorial jurisdiction> ratione loci.
3 types of incidents d'instance:
1. jonction, disjonction> joinder/disjoinder of action 2. interruption et suspension > stay of proceedings 3. extinction de l'instance> extinguishing of the action arts. 50 and 367 et seq. of the FR New Code of Civ. Proc.
Colleague has just confirmed what you and TT have been telling me. Please note that I'm getting documents in dribs and drabs so don't always have info to hand. Voici la solution que l'on m'avait donnée: A "demande incidente" is used to describe an application made once a cause of action is up and running. In English law, such applications are described as "interlocutory". There are interlocutory applications, hearings, rulings, whatever. "Interlocutory" translates "incidente" and "application" translates "demande". The FR Code of Civil Procedure provides for three types of DI.
You have now given us important context about a complex matter. Why on earth didn't you so so in the first place? This is LEGAL stuff, not a guessing game!
Thank you. Please note Domaikia is my wife. I was using her computer.
Adrian MM. (X)
An applicant on an interlocutory issue
14:08 Mar 11, 2013
Intriguing that Domaika knows about the case.
Applicant on an interim plea to jurisdiction.
Conclusions d'incident de mise en etat aux fins d'incompetence territoriale: pre-trial review submissions on the interlocutory matter of wrong jurisdiction: plea to jurisdiction in EN civ. and crim. law is one objecting to the jurisdiction ratione materiae or ratione loci (territorially).
Please note, previous note sent by me from different computer. Perhaps the following might help clarify: Conclusions d'incident de mise en etat aux fins d'incompetence territoriale. The family of X want the proceedings to be moved to Ireland, not Perigueux.
X leaves sum of money to Y Y goes to court to be nominated as sole beneficiary X family make counter claim X loses x appeals on grounds that TGI not competent (from personal experience of Perigieux would agree) Goes to appeal at Bordeaux X loses then appeals on grounds of legal domicile versus residence and now wants it to be judged in Ireland. Must be lots of loot at stake.
I've managed to extract a bit more info from the very bad pdf-word conversion. This will perhaps throw a little more light on the subject. Procedure sursis a statuer TGI PERIGUEUX followed by Procedure d'incident TGI PERIGUEUX which have already been translated as Procedure to suspend proceedings and Incident Procedure
demandeur no problem, but I have been given an index for a whole host od documents and sometimes 'incident' appears as incident!! As in Incident Procedure. Would this be better as 'Proceedings Procedure'?
Have you looked up the many previous glossary entries for "incident"? I assume you know what 'demandeur" means.
Automatic update in 00:
Answers
57 mins confidence:
petitioner/plaintiff/applicant in the proceedings
Explanation: The 'incident' being the proceedings, and the 'demandeur' being the plaintiff (etc., see above), I am fairly sure that it simply refers to the 'plaintiff in the proceedings' or words to that effect.
French2English United Kingdom Local time: 20:16 Works in field Native speaker of: English
Notes to answerer
Asker: Thanks for your contribution, I eventually went for 'interlocutory'.
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