Glossary entry (derived from question below)
Italian term or phrase:
legittimazione passiva
English translation:
standing as defendants (existed)
Added to glossary by
Amy Christie
Feb 14, 2005 16:52
19 yrs ago
36 viewers *
Italian term
legittimazione passiva
Italian to English
Law/Patents
Law (general)
writ of summons
Hello,
I have found this phrase in the glossaries and now understand it as 'capacity to be sued' or 'capacity to be made a defendant'.
I wondered if anyone could take a look at the following sentence and confirm that the first option above is suitable in this case, or is there a more common translation?:
writ of summons.
Appare del tutto immotivata ed illogica la sentenza di primo grado anche laddove prevede la soccombenza della XXX in merito alle spese giudiziali de rifondere alla XXX e XXX in quanto tale condanna avrebbe dovuto prevedere una riduzione considerato che, per stessa ammissione del giudice di primo grado, la legittimazione passiza del XXX e XXX esisteva in merito alla domanda di risarcimento danni.
Any help much appreciated! More context can be provided if necessary.
I have found this phrase in the glossaries and now understand it as 'capacity to be sued' or 'capacity to be made a defendant'.
I wondered if anyone could take a look at the following sentence and confirm that the first option above is suitable in this case, or is there a more common translation?:
writ of summons.
Appare del tutto immotivata ed illogica la sentenza di primo grado anche laddove prevede la soccombenza della XXX in merito alle spese giudiziali de rifondere alla XXX e XXX in quanto tale condanna avrebbe dovuto prevedere una riduzione considerato che, per stessa ammissione del giudice di primo grado, la legittimazione passiza del XXX e XXX esisteva in merito alla domanda di risarcimento danni.
Any help much appreciated! More context can be provided if necessary.
Proposed translations
(English)
3 | standing as defendants (existed) | Adrian MM. (X) |
4 | passive locus standi | Irene (Renata) Liapis |
Proposed translations
17 mins
Selected
standing as defendants (existed)
2nd option, I believe. I'm unsure about a common translation - has to be adapted to the context i.e. the verb existed makes 'addition or joinder as defendants' unlikely and presupposes XXX and XXXare added as co-defendants to another defendant i.e. YYY.
I prefer kmaciel's KudoZ answer of standing/locus standi (to sue rather than to be sued).
What it isn't is Garzanti's: 'obligor's legitimation' - arrant nonsense.
I prefer kmaciel's KudoZ answer of standing/locus standi (to sue rather than to be sued).
What it isn't is Garzanti's: 'obligor's legitimation' - arrant nonsense.
4 KudoZ points awarded for this answer.
Comment: "Thank you Tom - much appreciated."
6239 days
passive locus standi
Locus standi in iudicio concerns “the sufficiency and directness of a litigant’s interest in proceedings which warrants his or her title to prosecute the claim asserted”, and should be one of the first things to establish in a litigation matter.
B) The assignment of passive locus standi, the power of procedural
intervention or lesser powers
There can be some regulations providing that the public body (the Public
Prosecutor’s Office) must be a party in a proceeding even when it has no locus standi
rights to complain. In such a case it will not be able to claim legal remedies but, without
the risk of being subject to the limitations on procedural intervention that exist in some
legal systems – it will be allowed all the powers that any party would have in any
proceedings.
B) The assignment of passive locus standi, the power of procedural
intervention or lesser powers
There can be some regulations providing that the public body (the Public
Prosecutor’s Office) must be a party in a proceeding even when it has no locus standi
rights to complain. In such a case it will not be able to claim legal remedies but, without
the risk of being subject to the limitations on procedural intervention that exist in some
legal systems – it will be allowed all the powers that any party would have in any
proceedings.
Example sentence:
(i) the applicant and the party against which recognition and enforcement are sought must have active and passive locus standi (legittimazione attiva e passiva), i.e. they must be parties to the dispute resolved by the award or legal successors of such pa
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