Glossary entry (derived from question below)
French term or phrase:
privé sa décision de base légale
English translation:
departed from its own ruling by breaching
Added to glossary by
Wendy Cummings
Aug 12, 2011 15:57
12 yrs ago
13 viewers *
French term
privé sa décision de base légale
French to English
Law/Patents
Law (general)
appeal courts
This phrase has been asked verbatim twice before; however, the two proposed answers are quite the contrary to how I am understanding this phrase (the original motivation for my question being how to word it nicely in English, not how to understand it).
I therefore need to confirm this point, as I feel it is fairly fundamental.
Document: Moyen unique de cassation.
Alors qu'en toute hypothèse, une clause attributive de juridiction ne peut produire effet que si elle a été stipulée de manière apparente dans l'engagement de la partie à qui elle est opposée, connue et acceptée par elle; qu'en se fondant, pour déclarer le Tribunal de commerce de LIBOURNE incompétent au profit de celui de NANTES, sur la présence d'une clause attributive de juridiction dans les conditions générales de vente de la ABC, sans constater qu'elle était stipulée de manière apparente, connue et acceptée par les sociétés XYZ et PQR, la Cour d'appel a privé sa décision de base légale au regard de l'article 48 du nouveau Code de procédure civile;
The previous times this has been asked, it was concluded that either the Court reversed its own decision, or that the decision referred to is one handed down by a lower court. However, the way I read it is that "by [taking such action] the Appeal Court deprived itself of any legal grounds on the basis of Article 48...", i.e. it undermined its own ruling and breached procedural rules, and this is what has motivated the Supreme Court appeal on a point of law.
This is therefore a woeful Friday night call to find out:
(i) Am I wrong and the previous 2 questions right?; or
(ii) If i am right - what is a nice way to say this in UK English?
Thanks!
I therefore need to confirm this point, as I feel it is fairly fundamental.
Document: Moyen unique de cassation.
Alors qu'en toute hypothèse, une clause attributive de juridiction ne peut produire effet que si elle a été stipulée de manière apparente dans l'engagement de la partie à qui elle est opposée, connue et acceptée par elle; qu'en se fondant, pour déclarer le Tribunal de commerce de LIBOURNE incompétent au profit de celui de NANTES, sur la présence d'une clause attributive de juridiction dans les conditions générales de vente de la ABC, sans constater qu'elle était stipulée de manière apparente, connue et acceptée par les sociétés XYZ et PQR, la Cour d'appel a privé sa décision de base légale au regard de l'article 48 du nouveau Code de procédure civile;
The previous times this has been asked, it was concluded that either the Court reversed its own decision, or that the decision referred to is one handed down by a lower court. However, the way I read it is that "by [taking such action] the Appeal Court deprived itself of any legal grounds on the basis of Article 48...", i.e. it undermined its own ruling and breached procedural rules, and this is what has motivated the Supreme Court appeal on a point of law.
This is therefore a woeful Friday night call to find out:
(i) Am I wrong and the previous 2 questions right?; or
(ii) If i am right - what is a nice way to say this in UK English?
Thanks!
Proposed translations
+1
1 hr
Selected
departed from its oen ruling on a point of law
Freedom Of Expression « espinasse was deaf
It (the appellate court) departed from its own ruling in Ishak Shaari vs Public Prosecutor and KTS News Sdn Bhd vs See Hua Realty Bhd and Anor which held that the ...
espinasse.wordpress.com/category/constitutional-law/... - Cached
Adorna Properties Case « espinasse was deaf
It (the appellate court) departed from its own ruling in Ishak Shaari vs Public Prosecutor and KTS News Sdn Bhd vs See Hua Realty Bhd and Anor which held that the ...
espinasse.wordpress.com/category/the-malaysian-judiciary... - Cached
Appeals Court adopts Federal Court ruling on reviewing own ...
It (the appellate court) departed from its own ruling in Ishak Shaari vs Public Prosecutor and KTS News Sdn Bhd vs See Hua Realty Bhd and Anor which held that the ...
www.thesundaily.my/news/82624 - Cached
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Note added at 5 hrs (2011-08-12 21:31:24 GMT)
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@ Bourth (to whom I am grateful):
this should read "own" not "oen"
It (the appellate court) departed from its own ruling in Ishak Shaari vs Public Prosecutor and KTS News Sdn Bhd vs See Hua Realty Bhd and Anor which held that the ...
espinasse.wordpress.com/category/constitutional-law/... - Cached
Adorna Properties Case « espinasse was deaf
It (the appellate court) departed from its own ruling in Ishak Shaari vs Public Prosecutor and KTS News Sdn Bhd vs See Hua Realty Bhd and Anor which held that the ...
espinasse.wordpress.com/category/the-malaysian-judiciary... - Cached
Appeals Court adopts Federal Court ruling on reviewing own ...
It (the appellate court) departed from its own ruling in Ishak Shaari vs Public Prosecutor and KTS News Sdn Bhd vs See Hua Realty Bhd and Anor which held that the ...
www.thesundaily.my/news/82624 - Cached
--------------------------------------------------
Note added at 5 hrs (2011-08-12 21:31:24 GMT)
--------------------------------------------------
@ Bourth (to whom I am grateful):
this should read "own" not "oen"
Peer comment(s):
agree |
Jack Dunwell
: Can you amend "OEN", C? I've looked it up and "W" does exist. "Own", C. You live in stressful times in the UK. If you ever need a Béarn base, ruled by bees, the vine, come.
1 hr
|
I have to confess you have lost me JD....(but it is Friday and I have just had a man at the front door swearing at me)
|
4 KudoZ points awarded for this answer.
Comment: "Thanks, I feel this wording is best"
+2
8 mins
deprived its decision of legal basis
.
Peer comment(s):
neutral |
AllegroTrans
: How does a Court "deprive its decision"? What does this mean? Can you give an example?
47 mins
|
agree |
cc in nyc
48 mins
|
agree |
Marion RIHANI
: The Court deprives its decision when it takes a decision without legal grounds for this specific case. In France, case-law is not binding so it does not matter at all that the Court's previous decisions were different than this one.
5 hrs
|
15 hrs
[the decision of the Appeal Court] had no basis in law
I think you need to turn it round in English rather than use an active verb, as in the example below:
http://www.internationallawoffice.com/newsletters/detail.asp...
It is arguable that the decision of the lower court and the majority decision of the Court of Appeal in this case have no basis in law. That the company owed monies to the bank (although there was a dispute on the quantum) was not in dispute. This
ground was in itself sufficient to permit the bank to appoint a receiver. The judges do not seem to have considered this basic yet fundamental and well-established legal principle.
http://www.internationallawoffice.com/newsletters/detail.asp...
It is arguable that the decision of the lower court and the majority decision of the Court of Appeal in this case have no basis in law. That the company owed monies to the bank (although there was a dispute on the quantum) was not in dispute. This
ground was in itself sufficient to permit the bank to appoint a receiver. The judges do not seem to have considered this basic yet fundamental and well-established legal principle.
Note from asker:
Hi Karen. This is actually what i'd put first, but then I wondered whether its not omitting a bit of information. I see a (fine) difference between issuing a decision that has no basis in law, and then issuing a decision, but then issuing some secondary decision/doing something that undermines the first one. Admittedly though I'm not entirely sure which case actually applies to my ST, and i do like the "neatness" of this solution. |
4318 days
rendered its judgment devoid of any basis in law
"... pursuant to ... "
This phrase crops up all the time in appeal court and Cour de Cassation judgments. It means that the judges of the court of first instance or appeal judges (when their judgment is being reviewed in the Court of Cassation) made a mistake, and it invariably comes at the end of a sentence explaining what that mistake was.
This phrase crops up all the time in appeal court and Cour de Cassation judgments. It means that the judges of the court of first instance or appeal judges (when their judgment is being reviewed in the Court of Cassation) made a mistake, and it invariably comes at the end of a sentence explaining what that mistake was.
Reference comments
1 hr
Reference:
Article 48 Code of Procedure (EN translation from Legifrance)
Article 48
Any clause that departs, directly or indirectly, from the rules of territorial jurisdiction will be deemed non-existent unless it has been agreed between parties to a contract entered into as merchants and the same has been provided for in an explicit manner in the undertakings of the party against whom it will be enforced.
Any clause that departs, directly or indirectly, from the rules of territorial jurisdiction will be deemed non-existent unless it has been agreed between parties to a contract entered into as merchants and the same has been provided for in an explicit manner in the undertakings of the party against whom it will be enforced.
5 hrs
Discussion