Glossary entry

French term or phrase:

La succession de feu [...], ouverte ab initio

English translation:

The estate of the late [...], initially opened ...

Added to glossary by B D Finch
Oct 21, 2018 15:02
5 yrs ago
5 viewers *
French term

La succession de feu [...], ouverte ab initio

Non-PRO French to English Law/Patents Law: Contract(s) Contested estate
La succession de feu [...], ouverte ab initio En vertu du jugement rendu sous RC [...] par le Tribunal de Paix de [...] mais ici prise par Monsieur [...] en sa qualité de liquidateur...

Opening phrase in a settlement agreement regarding a contested plot of land per an inheritance.
Change log

Oct 22, 2018 02:53: GILLES MEUNIER changed "Level" from "PRO" to "Non-PRO"

Oct 26, 2018 17:06: B D Finch Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (3): Jennifer White, Rachel Fell, GILLES MEUNIER

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Proposed translations

+4
5 hrs
Selected

The estate of the late [...], initially opened ...

If this is for the UK, Latin is now (officially) to be avoided in favour of plain English. It seems that goes for Australia too.

www.plainenglish.co.uk/files/legalguide.pdf

https://www.gracelawson.com.au/plain-english-for-lawyers/
‘from the beginning’ instead of ‘ab initio’

Of course, if it's for the US, you can stick to the Latin.

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Note added at 5 hrs (2018-10-21 20:20:31 GMT)
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There are attempts at reform in Canada too:

https://globenewswire.com/news-release/2018/07/06/1534296/0/...
"Ontario law firm sponsors $2,500 Plain English Contest: Inter alia, the Party of the Second Part should always understand the contract terms of the Party of the First Part ab initio

"TORONTO, July 06, 2018 (GLOBE NEWSWIRE) -- Canadian business people shouldn’t have to waste their time translating “legalese” into English, according to Michael R. Henry, Managing Partner at Ontario-based law firm Houser Henry & Syron LLP (HHS).

"HHS is sponsoring a province-wide contest to identify and reward the most succinct, most precise and most easily understood contract in effect in Ontario this year. The winner of the contest will receive a $2,500.00 cash prize and a copy of The Canadian Oxford Dictionary."
Peer comment(s):

agree Charles Davis : Good point. Worth emphasising, for the UK, that it's official: a whole series of Latinisms were swept away by Lords Woolf (Civil Procedure Rules 1998) and Falconer (Civil Procedure (Modification of Supreme Court Act 1981) Order 1033/2004).
3 hrs
Thanks Charles
agree ph-b (X) : "If this is for the UK, Latin is now (officially) to be avoided in favour of plain English."
7 hrs
Thanks
agree Trevino Translations (X) : Thanks for the information about use of Latin in the UK.
13 hrs
Thanks TT!
agree AllegroTrans : Agree about "official" but many lawyers and judges continue to use Latin
16 hrs
Thanks Chris. They should be strongly discouraged from showing off!
Something went wrong...
4 KudoZ points awarded for this answer.
+5
57 mins

The estate of the late ..., opened ab initio

Hope this helps.
Peer comment(s):

agree Tony M : Well yes... but where was the problem?
21 mins
agree AllegroTrans
1 hr
agree philgoddard : Or just "initially opened".
2 hrs
agree Azhar Zafar
4 hrs
agree writeaway : Well, at least the start of the translation is now clear. Like Tony, I'm not sure what the problem is. Initially opened, as Phil suggested, also works of course if one wants to avoid using the Latin
5 hrs
Something went wrong...
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