Glossary entry

French term or phrase:

jugement non exécutoire

English translation:

judgement without writ of execution

Added to glossary by Hazel Le Goff
Apr 12, 2010 15:27
14 yrs ago
7 viewers *
French term

jugement non exécutoire

French to English Law/Patents Law (general)
l'exécution sans réserve d'un jugement non exécutoire vaut acquiescement (...)
I assume this means a judgment that has not become "res judicata" but even if this is so I would like to know if there is a more elegant way of expressing this.
Change log

May 4, 2010 22:31: Hazel Le Goff changed "Edited KOG entry" from "<a href="/profile/5271">Paul Sadur's</a> old entry - "jugement non exécutoire"" to ""judgement without writ of execution""

Proposed translations

+3
1 hr
Selected

judgement without writ of execution

This is the exact translation of the phrase in the English version of the Code de procédure civile.

Article 410

L'acquiescement peut être exprès ou implicite.
L'exécution sans réserve d'un jugement non exécutoire vaut acquiescement, hors les cas où celui-ci n'est pas permis.

The acceptance may be express or tacit.
The unreserved enforcement of a judgement without writ of execution will amount to an acceptance, save where this is not allowed.


Peer comment(s):

agree philgoddard
19 mins
Thanks.
neutral Rosa Paredes : See above
3 hrs
agree ACOZ (X)
6 hrs
thanks
agree Antonio Tomás Lessa do Amaral
2 days 13 hrs
thanks
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4 KudoZ points awarded for this answer. Comment: "Thanks. This seems to me the best solution."
+2
33 mins

a judgment not endorsed with an order for enforcement (exequatur)

The unsuccessful party may decide that it is pointless to oppose enforcement and therefore acquiesce.
Otherwise, the successful party has to obtain an order for enforcement.
Peer comment(s):

agree Adrian MM. (X)
1 min
Thanks TT,
neutral Chris Hall : In other words, a "non-enforceable judgment"?
7 mins
Not really.. it can be rendered enforceable if certain action is taken. "non-enforceable and unenforceable have an air of permanence about them.
agree philgoddard : "not endorsed with an enforcement order" would be more concise.
1 hr
Yes... conciseness is a virtue I often lack,,,
Something went wrong...
3 mins

non-binding judgment

Source: GDT

http://www.granddictionnaire.com/BTML/FRA/r_Motclef/index102...

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Note added at 39 mins (2010-04-12 16:07:32 GMT)
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Alternatively:

non-enforceable judgment
Peer comment(s):

neutral philgoddard : It is enforceable (otherwise what would be the point of obtaining it?), but it doesn't come with its own enforcement order.
2 hrs
disagree Rosa Paredes : it is binding. But not enforceable
5 hrs
agree Robert Aubut
4 days
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5 hrs

unenforceable judgement

14 Sep 2006 ... He's got an unenforceable judgement against him in another country, whilst living in one that has a legal system that will protect his and ...
news.cnet.com/2100-7350_3-6116009.html -
to be analogous to the judgement situation. The debt against the debtor is made legally unenforceable through bankruptcy. In this respect a judgment which ...
www.ag.state.nd.us/opinions/1963/63-152.pdf
Etc.

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Note added at 5 hrs (2010-04-12 21:04:58 GMT)
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... the liability for the amount so assessed (or a judgment against the taxpayer ... generally becomes unenforceable ten years after the date of assessment. ...
en.wikipedia.org/wiki/Tax_lien - En caché - Similares
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