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  3. Law (general)

بالمقاصة

English translation: to pay for

14:04 May 13, 2020
Arabic to English translations [PRO]
Law/Patents - Law (general) / Court sentence
Arabic term or phrase: بالمقاصة
ألزمت المحكمة كل مستأنف بمصروفات استئنافه وبالمقاصة في مقابل أتعاب المحاماة


ما المقصود بالمقاصة هنا؟

وشكرا
Nisreen Barakat
Palestine
Local time: 18:24
English translation:to pay for
Explanation:
The term المقاصة has several different meanings, depending on context, mostly related to financial obligations:

1. In the context of personal debts, if you owe me $40 for cutting my hair, but I already owe you $30 for mowing my lawn, then you only have to pay me $10.

2. In the context of banks, when you pay me for cutting your hair, you write me a check, which I deposit in my bank. But your check is drawn on another bank, because your bank is not my bank. So my bank must draw the money from your bank. But your bank also has many checks that are drawn on my bank. This happens everyday, and it involves all banks against all other banks. So a process of financial arithmetic is performed to determine which bank pays how much to which bank.

3. In the context of lawsuits, when you file a lawsuit, you can win or lose. If you lose, the judge, in some jurisdictions, may force you to pay the fees of your opponent's attorneys. It is not clear why this is called مقاصاة in Arab countries, but it is. Technical terminology, especially in some fields, is sometimes quite arbitrary. It does not matter, so long as we all know what it means.

Clearly, your context falls under the third meaning of مقاصاة, which is quite different from the first two meanings explained above. In this kind of context, we simply say that the court has ruled that one party PAYS the fees of the attorney of the other party. There is no special terminology for that.
Selected response from:

Fuad Yahya
Grading comment
thanks.. I believe this was the most logical answer
2 KudoZ points were awarded for this answer



Summary of answers provided
5 +2Clearing
ABDESSAMAD BINAOUI
5 +1set-off/clearing
adel almergawy
5to pay for
Fuad Yahya


  

Answers


5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
Clearing


Explanation:
https://en.m.wikipedia.org/wiki/Clearing_(finance)
المقاصة، بالضم، خصم جزء من الدين الأعلى قيمة بين شخصين كلاهما دائن ومدين في ذات الوقت.[1][2] فإذا افترضنا مثلا أن أ باع لب سيارة بمائة ألف وكان البائع مدينا بخمسين ألفا للمشتري في هذه الحالة يخصم مبلغ الخمسين ألف من المائة ألف. المقاصة في اللغة: مصدر قاصه إذا كان عليه دين مثل ما على صاحبه فجعل الدين في مقابلة الدين المقاصة في اصطلاح الفقهاء: (عرفها ابن جزيء من فقهاء المالكية بأنها: " اقتطاع دين من دين " وعرفها ابن عرفة بأنها: " متاركة مطلوب بمماثل صنف ما عليه لما له على طالبه فيما ذكر عليهما.) المقاصة في القانون:" عرفها القانون المدني الأردني في المادة 343 بأنها:" إيفاء دين مطلوب لدائن بدين مطلوب منه لمدينه "

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Note added at 2 hrs (2020-05-13 16:09:14 GMT)
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You are welcome.

ABDESSAMAD BINAOUI
Morocco
Local time: 16:24
Works in field
Native speaker of: Native in EnglishEnglish, Native in ArabicArabic, Native in FrenchFrench
PRO pts in category: 64
Notes to answerer
Asker: Thank you


Peer comments on this answer (and responses from the answerer)
agree  Abdullah Ahmad
36 mins
  -> Thank you Mr. Abdullah
agree  Mai Saleh
3 hrs
  -> Thank you Mai
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
set-off/clearing


Explanation:
set-off/clearing

adel almergawy
Egypt
Local time: 17:24
Specializes in field
Native speaker of: Native in ArabicArabic
PRO pts in category: 8
Notes to answerer
Asker: thanks


Peer comments on this answer (and responses from the answerer)
agree  Ramadan Ibrahim: Set-off: https://www.proz.com/kudoz/arabic-to-english/law-general/189...
1 hr
  -> Thanks for the reference you provided
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 5/5
to pay for


Explanation:
The term المقاصة has several different meanings, depending on context, mostly related to financial obligations:

1. In the context of personal debts, if you owe me $40 for cutting my hair, but I already owe you $30 for mowing my lawn, then you only have to pay me $10.

2. In the context of banks, when you pay me for cutting your hair, you write me a check, which I deposit in my bank. But your check is drawn on another bank, because your bank is not my bank. So my bank must draw the money from your bank. But your bank also has many checks that are drawn on my bank. This happens everyday, and it involves all banks against all other banks. So a process of financial arithmetic is performed to determine which bank pays how much to which bank.

3. In the context of lawsuits, when you file a lawsuit, you can win or lose. If you lose, the judge, in some jurisdictions, may force you to pay the fees of your opponent's attorneys. It is not clear why this is called مقاصاة in Arab countries, but it is. Technical terminology, especially in some fields, is sometimes quite arbitrary. It does not matter, so long as we all know what it means.

Clearly, your context falls under the third meaning of مقاصاة, which is quite different from the first two meanings explained above. In this kind of context, we simply say that the court has ruled that one party PAYS the fees of the attorney of the other party. There is no special terminology for that.

Fuad Yahya
Works in field
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in category: 347
Grading comment
thanks.. I believe this was the most logical answer
Notes to answerer
Asker: thank you for this fulfilling answer.

Login to enter a peer comment (or grade)



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