Nov 4, 2007 13:10
16 yrs ago
10 viewers *
French term
attendu de principe
French to English
Law/Patents
Law (general)
talking about Cour de Cassation's position on US trusts: "Il marque une position plus modérée de la Cour de Cassation dans la mesure où dans ses attendus de principe elle ne reprend pas la qualification de donation indirecte..." Attendu is "ground" here, but what's the phrase? Thanks!
Proposed translations
(English)
| 4 +1 | basic rule of law applicable to the case |
Attorney DC Bar
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| 3 -1 | reasons for judgment |
Rafael Wugalter (X)
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Proposed translations
+1
8 hrs
Selected
basic rule of law applicable to the case
Concisely stated, basic legal rule cited by the court which governs, or applies to, the case being decided. Not to be confused with "arret de principe" which is a 'landmark decision'. Not the same thing as the 'holding', although a court's holding could be cited as an 'arret de principe' by a court in a subsequent case. Ex. "n’est pas contraire aux bonnes mœurs la cause de la libéralité dont l’auteur entend maintenir la relation adultère qu’il entre-
tient avec le bénéficiaire"
tient avec le bénéficiaire"
4 KudoZ points awarded for this answer.
Comment: "excellent - thanks"
-1
9 hrs
reasons for judgment
They are indeed the legal principles that govern and account for the Court's judgment. In common law systems, they would probably be called the "reasons for judgment".
Peer comment(s):
| disagree |
Attorney DC Bar
: "Reasons for judgment", which is the entire legal analysis and is very similar to the 'opinion' in the US, seems to be a lot broader than "attendus de principe", which are just the applicable legal rules. See http://www.aat.gov.au/SpeechesPapersAndResearc
5 hrs
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Perhaps "ratio decidendi", as dist. from "obiter dictum", would be more appropriate then. The problem with the "basic rule" entry is that it doesn't make it clear that it is the rules as stated by the Court. Perhaps "basic leg. princ. stated by the Ct."
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Discussion