Glossary entry (derived from question below)
French term or phrase:
Après des poursuites frappées d'opposition
English translation:
After proceedings had been stopped > (CH) by an objection to payment
French term
Après des poursuites frappées d'opposition
Here is the sentence;
"Après des poursuites frappées d'opposition, A. a ouvert action contre B."
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""
Proposed translations
After proceedings had been stopped (AmE civ. & crim.: nolle prosequied)
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.
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.
http://iate.europa.eu/search/standard/result/1588332898716/1
http://eng.proz.com/kudoz/french-to-english/law-general/4062175-frapper-dopposition.html
Thanks, the follow up research helped me. |
After (first) proceedings were halted...
Some more context would (as usual) be helpful.
This sounds quite close but i am still not sure. |
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
|
After some continued efforts struck by opposition
After several continued efforts (pursuits) struck by opposition, A has initiated an action (charge or lawsuit) against B.
Do you think EFFORT here translates POURSUITES? |
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
|
after opposing prosecution
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
|
Discussion
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 ...