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le garant

12:54 Feb 3, 2017
This question was closed without grading. Reason: Other

French to English translations [PRO]
Bus/Financial - Law: Contract(s) / Social welfare
French term or phrase: le garant
Specifically in this context:
"X [a Party] n'a pas été appelée en garantie devant les juridictions..."
Which I understand is that X was not served as a third-party before the courts in question.

How, then, do we translate "le garant" in reference to X here?
Anna Morvern
Ireland
Local time: 23:44


Summary of answers provided
4 +2guarantor
B D Finch
4indemnifier
AllegroTrans
Summary of reference entries provided
some background
AllegroTrans

Discussion entries: 3





  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
guarantor


Explanation:
Any legal dictionary

B D Finch
France
Local time: 00:44
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 353
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in this pair and field What is ProZ.com Project History(SM)?

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: The word doesn't actually appear in the text, but this is almost certainly the translation.
57 mins
  -> Thanks Phil

neutral  writeaway: if one looks up the term(s) in the actual text shown, appelée en garantie, things change quite a bit. Where does garant come from. No context shown for that word. Several entries in the glossary/true. go figure....
1 hr
  -> Yes, but it's up to the Asker to select the header term they want translated. It certainly would have helped to have had fuller and more consistent context.

agree  AllegroTrans: In some circumstances yes, but not all (see my reference entry); wouldn't be the correct term for example where a car crashes into a 2nd car, and the 2nd car into a 3rd, and the 2nd driver issues third party proceedings against the driver of the 3rd car
2 days 21 hrs
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2 days 21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
indemnifier


Explanation:
I am adding this as a more generic term in the context of a party that may be added to proceedings

See my reference entry

AllegroTrans
United Kingdom
Local time: 23:44
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 466
Notes to answerer
Asker: I prefer this. Guarantor is such a specific term in English law, or can be, it is logical to ask what is being guaranteed if we talk of a Guarantor. I think indemnifier is more generic and therefore less likely to cause confusion that there may be some kind of Guarantee Agreement at stake. As always, I wish I could provide more context but client confidentiality has to come first and if I reproduce more of the text here I would be afraid of risking that confidentiality.

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Reference comments


2 days 21 hrs
Reference: some background

Reference information:
This is from the USA, but I believe it to be a fair summary of the circumstances in which a third party might be added to civil proceedings:

EXAMPLES OF WHEN A THIRD PARTY MIGHT BE ADDED TO A LAWSUIT

At this point the Defendant should also think about whether anyone else should be added to the lawsuit. The Defendant might want another person added to the lawsuit for two reasons. First, the person may be required by law to repay the Defendant for any money the Defendant is forced to pay the Claimant. The legal requirement to pay back the Defendant for any money that the Defendant must pay to the Claimant is called an "indemnity." For example, suppose the Defendant worked for a company. The company may have agreed to be responsible for any claims made for faulty work done by the Defendant. Suppose the Defendant is sued for faulty work. Suppose the company then refuses to pay for the claim. In this situation the Defendant may wish to make the employer a "third party" to the lawsuit. That way if the person suing wins the lawsuit, the Defendant may get an order against the company for the amount owed to the person suing.



There is a second reason for a Defendant making another person a party to a lawsuit. When a Defendant believes she has a claim against a third person which is in some way related to the subject matter of the lawsuit which was begun by the Claimant, she may wish to add that third person to the lawsuit. For example, suppose the Defendant is being sued by the person who bought her house. The buyer is claiming that the Defendant told him the insulation in the ceiling was eight inches thick. In fact it was only four inches thick. The Defendant had the insulation work done by a contractor who contracted to put in eight inches of insulation. The Defendant may add the insulation contractor as a third party to the lawsuit because the subject matter of the lawsuit is the same. That is, the subject matter relates to the thickness of the insulation. In the lawsuit, the Claimant is seeking money from the Defendant for misrepresentation or breach of contract. The Defendant will also seek money from the insulation contractor for a breach of contract.

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Note added at 2 days21 hrs (2017-02-06 10:34:26 GMT)
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This is from France:

Ce recours est exercé lorsqu'une personne qui est assignée en justice estime qu'une autre personne doit lui être substituée dans les condamnations qui pourraient éventuellement être prononcée contre elle. Par l'appel en garantie, celui qui prend l'initiative de cette procédure, fait citer devant le Tribunal déjà saisi, la personne qui doit lui être substituée. Il s'agira, par exemple, de l'appel en garantie de l'assureur du conducteur d'un véhicule qui a provoqué un accident pour que la compagnie d'assurances puisse se voir opposer la décision à intervenir et que les condamnations prononcées contre l'assuré soient, en définitive, payées par l'assureur. Une partie assignée en justice est en droit d'appeler une autre en garantie des condamnations qui pourraient être prononcées contre elle, une telle action ne supposant pas que l'appelant en garantie ait déjà indemnisé le demandeur initial (3e Chambre civile 4 novembre 2010, pourvoi n°09-70235, BICC n°737 du 1er mars 2011 et Legifrance)

AllegroTrans
United Kingdom
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 466
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