Mar 21, 2010 14:46
14 yrs ago
6 viewers *
French term

toutes assignations et significations sont valablement faites

French to English Law/Patents Law: Contract(s) by laws
The French sentence just doesn't seem quite right. Have I got the gist of it?

"A cet effet, tout associe doit faire election de domicile dans le ressort du siège social et toutes assignations et significations sont valablement faites au Parquet de Monsieur le Procureur de la Republique près le Tribunal de Grande Instance du siège social."

To this end, the address for service of all Board members shall be the company’s head office and all writs and service of process must be issued by the Office of the Public Prosecutor near the High Court in whose jurisdiction the head office is located

Discussion

Michael Lotz Mar 22, 2010:
agree: shall be I agree with the good point made by my colleagues. "Shall be" translates "sont" better in this context. I so revise my answer. Thanks !
Lucie LAVERGNE Mar 22, 2010:
I agree, I regularly translate "shall be" into sont, ou doivent être. In the case we're discussing, "sont" has this kind of obligation/process to follow sense covered by shall be, or at least this is how I read it.
MatthewLaSon Mar 21, 2010:
Comment I might be mistaken, but the French "sont" may be best translated by "shall be" here. I'm not sure. Sometimes in legal documents, English puts verbs in the future tense that French leaves in the present.

Proposed translations

-1
12 mins
Selected

all judicial filings and notifications are properly and validly made

In other words, all official filings are made to that specific Court in that location.
By electing domicile in that location of the Company headquarters, all agree to the jurisdiction of that Court for the purposes of all notifications and filings.

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Note added at 22 heures (2010-03-22 13:45:44 GMT)
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I agree with the point raised by my colleagues.
Revised answer:
Substitute SHALL BE for ARE :
"all judicial filings and notifications shall be properly and validly made"
Peer comment(s):

disagree Peter Shortall : "Assignation" means a summons to attend court which is sent by a court. It's not a filing, which would be sent to a court.
2954 days
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4 KudoZ points awarded for this answer. Comment: "Thanks"
14 mins

all allocations and notifications

legal terms
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1 day 1 hr

al writs and process shall be validly served on

"all writs and process shall be validly served on the Office of the Public Prosecutor near the High Court in whose jurisdiction the head office is located"

I think this is what it means, not 100% sure though.
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