une ordonnance réputée contradictoire

English translation: a court order deemed adversarial

16:45 Apr 18, 2013

French to English translations [PRO]
Law/Patents - Law (general) / affaires familiales

French term or phrase: une ordonnance réputée contradictoire

(signification) d'une ordonnance réputée contradictoire (rendue par le Juge aux Affaires Familiales.....)

Il s'agit d'une signification par huissier d'une décision rendue par le JAF. Ma question porte sur le terme "contradictoire". Le terme "contradictory" ne me semble pas convenir ici. La seconde possiblitlité que je vois serait "after hearing of both parties" que je trouve un peu longue , mais je ne trouve pas le mot juste. D'autant que dans l'ordonnance en question, l'une seulement des parties a été entendue, l'autre n'ayant pas comparu et n'étant pas représentée.

Quel est votre avis ? Merci à l'avance pour votre aide.

SylvieLH KudoZ activity Questions: 32 (3 open) (1 without valid answers) Answers: 52 France
Local time: 15:24

English translation:a court order deemed adversarial

Explanation:
"procédure contradictoire" = "adversarial proceedings"

A judgment 'deemed adversarial' has the same effects as an adversarial judgment. It is so described to underline the fact that while the plaintiff did not appear at ...
Introduction to French Law - Page 323 - Google Books
[http://books.google.co.uk/books?id=2ULv4NzlAFEC&pg=PA323&lpg...]

Selected response from:

Daryo
United Kingdom
Local time: 14:24

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2 KudoZ points were awarded for this answer

Summary of answers provided

a court order deemed adversarial

Daryo

an order deemed to be after due hearing of the parties

Mpoma

Discussion entries: 4

Daryo

United Kingdom

@ Nikki

01:35 Apr 20, 2013

It will be well understood by those "in the know". Even in French, if you're not aware of the legal jargon, "une ordonnance / un jugement contradictoire" sounds baffling, a bit ridiculous, like someone having two opposite opinions at the same time.
You can't expect legal concepts to be always easily understandable by standards of the everyday language; for example, there's nothing particularly private nor international in "private international law", you still have "le fait du Prince" as a concept in French law, despite the Ancien Régime being abolished long ago and most of the aristos having had a close encounter with Dr. Guillotin, etc...

Nikki Scott-Despaigne

@Daryo

08:42 Apr 19, 2013

I like the idea of "adversarial" here. It does convey the inter partes factor. I am not sure it would be that well understood though. Proceedings can be described as adversarial, they are live, active, dynamic. There is nothing adversarial per se about a court order. It is there, it exists. It is a result, a stage in the proceedings. Do you see what I mean. I have not suggested an answer as I am having a job coming up with something short and clear, other than the standard lengthier options.

Nikki Scott-Despaigne

17:19 Apr 18, 2013

You may consider using the term "inter partes" which describes hearings where all parties concerned have been served with adequate notices and have been given a reasonable opportunity to attend and to be heard, even if they neither attend nor are they represented.

Nikki Scott-Despaigne

17:03 Apr 18, 2013

Your answer lies in the explanation you have provided. The idea behind "contradictoire" is that both parties concerned have had the opportunity to attend, to be heard and/or to be represented. You say that the other side did not attend and was not represented. The point is that they have had the opportunity to do so. As the order is "réputée" to be "contradictoire", thus it has been demonstrated that both parties were informed. The order is deemed to have given both parties the opportunity to be heard or to be represented.

Answers

2 hrs confidence:

a court order deemed adversarial

Daryo
United Kingdom
Local time: 14:24
Native speaker of:

Serbian,

French
PRO pts in category: 196

Notes to answerer

Asker: Thank you Daryo.

2 hrs confidence:

an order deemed to be after due hearing of the parties

Explanation:
I've come across "contradictoire" hundreds of times over the years... in a legal context I've settled for this (after perusing Proz answers among other sources). The other main use is sthg like inspections carried out in an insurance or similar context, when I tend to choose sthg like "in the presence of all parties".

Mpoma
United Kingdom
Local time: 14:24
Specializes in field
Native speaker of: English
PRO pts in category: 70

Notes to answerer

Asker: Thank you. I have also come across "contradictoire" a lot of times, when I used to translate survey reports from French into English for insurances. I used to translate by "in the presence of all parties". I agree with your proposal. But I think Daryo's one is interesting too.

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English translation: a court order deemed adversarial

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