GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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22:45 Nov 19, 2018 |
French to English translations [PRO] Law/Patents - Law (general) / divorce court | |||||||
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| Selected response from: B D Finch France Local time: 16:39 | ||||||
Grading comment
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Summary of answers provided | ||||
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4 +2 | the law on debt enforcement |
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4 +2 | law relating to recovery of debts |
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3 | of the right to take legal action |
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3 | Law on Prosecutions |
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4 -1 | law / regulations / legislation regarding/concerning debt recovery |
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Discussion entries: 4 | |
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of the right to take legal action Explanation: I think that “le droit des poursuites » is referring to the circumstances in which there is a right to take legal action rather than to a specific legal text of civil procedure. If I understand this correctly, the right to pursue a former spouse will arise in CH when the legal minimum obligations are not met. (It is nothing to do with “prosecution” here, which is a criminal term. That said, failure to pay child support is an offence in some countries, although I still maintain that is not the point being made here. Were that the case, the fact remains that the term “prosecute” is still a criminal legal term in English). 😉 When the spouses’ total income exceeds the subsistence level below which there is a right to take legal action, the amount available can/may, [en principe?], be distributed in equal shares between them, each spouse having the right to participate in an identical way to the former way of life. https://legalonline.ch/droit-des-poursuites/ https://www.guidesocial.ch/recherche/fiche/poursuite-pour-de... -------------------------------------------------- Note added at 11 hrs (2018-11-20 09:49:05 GMT) -------------------------------------------------- Medium confidence level as I cannot claim to be a specialist of Swiss law but I have of course sought what I believe to be reliable sources. -------------------------------------------------- Note added at 11 hrs (2018-11-20 09:51:27 GMT) -------------------------------------------------- I forgot punctuation, sorry. My suggestion therefore is: "When/where/if the spouses’ total income exceeds the subsistence level below which there is a right to take legal action, the amount available can/may, [en principe?], be distributed in equal shares between them, each spouse having the right to participate in an identical way to the former standard of living." Std of living = the term that was on the tip of my tongue when I first posted this suggestion! -------------------------------------------------- Note added at 11 hrs (2018-11-20 10:17:32 GMT) -------------------------------------------------- If the "le droit des poursuites" does refer to a law on criminal procedure, (and not to the right to take legal action, which I believe to be the case here), then: - it would be helpful if someone could point to a specific law, and/or - specify which law determines that failure to make up the revenue to at least subsistence level is an offence. (In France, failure to pay child support determined by a court is an offence, for example, so I am aware that in certain circumstances, we may be in the criminal (delit) field of the law). |
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5 hrs confidence: |