Feb 29, 2020 14:22
4 yrs ago
36 viewers *
French term

conclusion(s)

Non-PRO French to English Law/Patents Law: Contract(s) Reply to counterclaim
Context:

"En effet, Entreprise X et Entreprise Y ont résolu leur litige en 2009, au travers de la conclusion du DoU le 13 mars 2009 ."

"En effet, Entreprise X et Entreprise Y ont résolu leur litige en 2009, au travers de la conclusion du DoU le 13 mars 2009."

"Dans ses conclusions du 10 janvier 2009 , Entreprise Z indique que :"
Change log

Feb 29, 2020 15:18: mchd changed "Level" from "PRO" to "Non-PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (2): Daryo, B D Finch

Non-PRO (3): Jennifer White, Debora Blake, mchd

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Discussion

Eliza Hall Mar 2, 2020:
AllegroTrans is right Yes, these two words are not referring to the same thing at all. One is describing an action (concluding a written agreement) and the other is almost certainly describing a document that one party's lawyers filed in the underlying litigation. See my proposed answer/explanation (the first part of the answer is just about the first meaning -- concluding a written agreement -- but the other issue is covered after that).

AllegroTrans, I agree with your proposed translations (from the reference link) -- written submissions -- but I think the main requirement is that it be clear that we're talking about a written document that was filed in the litigation. I suggested using the word "filed" to make that clear (i.e. "conclusions filed"). "Written submissions filed on X date" works too.

That said, from the description of what "conclusions" contain in FR civil litigation, the closest translation may be "brief" (since it contains a recitation of the facts, a legal argument, and a proposed conclusion that you want the judge to reach): https://www.litige.fr/definitions/conclusions-avocat-ecritur...
AllegroTrans Mar 1, 2020:
Asker There are 2 separate and distinct terms here - "conclusion" and "conclusions" - and one is not simply the plural of the other. I suggest that you post them separately, but before doing so you should look at past KudoZ answers.

Proposed translations

+3
32 mins
Selected

entering into (+ conclusions)

This is 2 questions effectively.

"au travers de la conclusion" = "by entering into"

"conclusions" = "conclusions"

HTH
Peer comment(s):

agree philgoddard : Yes, it means two different things. You could say "by signing" for the first one.
1 hr
Thanks, Phil. Yes, "signing" is an option for the first one.
agree AllegroTrans : OK for first one only. The second term has a totally different meaning
1 day 4 hrs
Thanks. You may well be right about the meaning of "conclusions" (although since it relates to a comment made by company Z (rather than X or Y), it could be the conclusions/findings of an expert rather than legal submissions.
agree Eliza Hall : But AllegroTrans is right -- the second one isn't conclusions of an expert (those are called "une expertise," "un rapport d'expert," or similar).
1 day 23 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
+1
1 day 4 hrs

1) by concluding the … – 2) conclusions

Though I don't disagree with Paul Stevens' answer, I prefer the wording I have suggested above for the first occurrence. I think you have a serious problem if you can't see the linguistic difference between the first and the second occurrence.
Peer comment(s):

neutral AllegroTrans : Re answer 2); it's a false friend if it is referring to submissions that company Z made. Asker needs to check for the precise implication.
46 mins
I'd understood 2) as meaning conclusions drawn up in a document of that date. OK, I've now read your reference comment. What about answer 1)?
agree Eliza Hall
1 day 20 hrs
Thanks Eliza. However, I think AllegroTrans is right about 2).
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2 days 10 mins
French term (edited): conclusion

conclusion (see explanation)

I removed the "(s)" from Yves' question because this isn't a count noun. Here, conclusion is used in FR as a verbal noun -- in EN it would be translated as any of the following:

Concluding
The conclusion of
Entering into
Entry into

In US legal texts, some form of "enter" would be most likely, but the alternative I'm suggesting is only slightly less common and it is of course closer to the FR. Here's an online dictionary entry for "concluding" in exactly this type of use (used with reference to a legal agreement):

"conclude an agreement/treaty/contract etc: to finish arranging an agreement etc successfully"
https://www.ldoceonline.com/dictionary/conclude-an-agreement...

So: "...resolved their litigation in 2009, through the conclusion of the DoU on 13 MArch 2009." (Or "by concluding the...")

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Note added at 2 days 14 mins (2020-03-02 14:37:43 GMT)
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I was only talking about the first 2 instances (conclusion of the DoU). That's the one that's not a count noun.

The "ses conclusions" is simple "its conclusions." It's not the same document or same type of document as the DoU. It is most likely referring to a document that the business in question filed in the parties' litigation (see definition/link below). If the context confirms that that's the meaning, I would use the word "filed" to make it clear to the EN reader ("in its conclusions filed on X January 2009..."):

"Les conclusions, en procédure civile, désignent les échanges écrits qui interviennent entre les avocats des parties à l'occasion d'une procédure judiciaire. Il s'agit du contenant - le document papier ou sous format électronique - mais aussi du contenu - le texte rédigé par l'avocat...."
https://www.litige.fr/definitions/conclusions-avocat-ecritur...
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Reference comments

1 day 6 hrs
Reference:

Previous Kudoz (among others)

Peer comments on this reference comment:

agree B D Finch : That clarifies it. I'm surprised that the Asker of that previous question selected another answer rather than yours. However, it's the other answers and discussions that makes KudoZ more useful than a glossary..
15 hrs
Thanks!
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