Glossary entry

French term or phrase:

Après des poursuites frappées d'opposition

English translation:

After proceedings had been stopped > (CH) by an objection to payment

Added to glossary by Adrian MM.
Apr 30, 2020 09:41
4 yrs ago
34 viewers *
French term

Après des poursuites frappées d'opposition

French to English Law/Patents Law (general) This is a lawsuit between two companies
This is a lawsuit between two companies whereby A is accusing B of a wrongful and dishonest conduct. I got to this sentence and couldn't translate this phrase "des poursuites frappées d'opposition".
Here is the sentence;
"Après des poursuites frappées d'opposition, A. a ouvert action contre B."
Change log

May 2, 2020 08:19: Adrian MM. Created KOG entry

May 2, 2020 08:23: Adrian MM. changed "Edited KOG entry" from "<a href="/profile/2688125">Adrian MM.'s</a> old entry - "Après des poursuites frappées d'opposition"" to ""After proceedings had been stopped > by an objection to payment""

Discussion

Daryo May 1, 2020:
Few minutes search .... the querry being "poursuites frappées d'opposition"

All results are related to Switzerland => the term is specific to Switzerland.

From the real-life samples:

poursuite = claim / request to pay debts

"frappées d'opposition" = the party that was sued refused to pay on the grounds that the claims for payment of debts are groundless / without any substance - if you want to know the fine points of this procedure (like what is needed for this "opposition" to be accepted by the courts) look at the relevant legislation in Switzerland - it's all publicly available.

in plain-speak, the gist of:

Après des poursuites frappées d'opposition, A. a ouvert action contre B
=
after making several claims for recovery of (supposed) debts that were rejected as unfounded, ....

https://www.ge.ch/poursuites/demander-non-divulgation-poursu...

https://www.bonasavoir.ch/916543-radiation-payante

http://www.polyreg.ch/bgeunpub/Jahr_2011/Entscheide_5A_2011/...

https://jus.swissbib.ch/Record/481232982/Details

dict.leo.org/allemand-français/d'opposition

https://www.cbwm.ch/avocats/peter-schaufelberger/?lang=en

https://docs.lexsear.ch/ch/rul/101-II-69

etc ...

Proposed translations

1 day 3 hrs
Selected

After proceedings had been stopped (AmE civ. & crim.: nolle prosequied)

stopped and not halted, namely by an adjournment.

Après des poursuites frappées d'opposition, A. a ouvert action contre B: after the proceedings ahd been dismissed (by entry of a nolle prosequi), A. issued proceedings against B. Mpoma's point of une nouvelle action: there wasn't a choate one in the first place.

Likely scenarios are (BrE) dismissal by the court, unilateral discontinuance or ultimate termination of the action or (AmE) nolle prosequi that can be used as a verb, both in civil and criminal proceedings.

Thus, the Attorney-General of E&W, often controversially, can enter a nolle prosequi e.g. to stop a private *criminal* prosecution by perceptibly aggrieved citizens.

Example sentence:

US: The term nolle prosequi is used in reference to a formal entry upon the record made by a plaintiff in a civil lawsuit or a prosecutor in a criminal action in which that individual declares that he or she wishes to discontinue the action..

US: Cf. dismissals are sometimes "with prejudice." A dismissal with prejudice means the prosecution can’t ever re-file charges; a dismissal without it means the opposite.

Note from asker:
Thanks, the follow up research helped me.
Something went wrong...
2 KudoZ points awarded for this answer. Comment: "Thanks, the follow up research helped me."
-1
2 hrs

After (first) proceedings were halted...

... fairly straightforward, I think. Although slightly strange phrasing: why don't they say "... ouvert une nouvelle action contre B.".

Some more context would (as usual) be helpful.
Note from asker:
This sounds quite close but i am still not sure.
Peer comment(s):

neutral AllegroTrans : mmm.... not sure; doesn't it mean "contested"?
2 hrs
neutral ph-b (X) : "halted" = frappées d'opposition ?
2 hrs
disagree Daryo : "halted" yes, but you need to be more precise about how/why and by who
1 day 7 hrs
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-2
7 hrs

After some continued efforts struck by opposition

Après des poursuites frappées d'opposition, A a ouvert une action contre B.

After several continued efforts (pursuits) struck by opposition, A has initiated an action (charge or lawsuit) against B.
Note from asker:
Do you think EFFORT here translates POURSUITES?
Peer comment(s):

disagree AllegroTrans : "struck by opposition"? Really, in English?
24 mins
disagree Daryo : you CAN NOT translate legalese by trying to guess the meaning of legal terms from what the same terms mean in the non-specialised/general language - not in a century of Sundays.
1 day 2 hrs
Something went wrong...
-2
7 hrs

after opposing prosecution

Peer comment(s):

disagree AllegroTrans : This is a civil, not criminal, case and your reference doesn't support your suggestion in any way
20 mins
disagree Daryo : point of method: there is this thing called "context" - no point arbitrarily picking one of the possible meanings if it makes no sense for the specific text.
1 day 3 hrs
Something went wrong...
-1
1 day 4 hrs

In the wake of proceedings undermined by opposition,

A possible way to express this?
Peer comment(s):

disagree Daryo : no
5 hrs
Asker has mentioned 'conduct'
Something went wrong...
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