Jul 10, 2020 12:27
3 yrs ago
46 viewers *
French term

il y sera contraint conformément à la loi

French to English Law/Patents Law (general) arrest warrent
Hi all,

This sentence comes at the end of a small paragraph on an arrest warrant to attend the prosecutors office:

[...]il est censé connaitre et lui faisons savoir que, faute de ce faire, il y sera contraint confermément à la loi.
he/she is believed to have knowledge of and to make her/him aware that failure appear before us, he/she will be forced to do so in accordance with the law?
As in she/he will be forced to attend under the pretence of the law or the law will be enforced upon him/her and she will be made to attend?
Is there a clearer way to express this?

Many thanks!
Change log

Jul 10, 2020 16:38: Yolanda Broad changed "Term asked" from "il y sera contraint confermément à la loi" to "il y sera contraint conformément à la loi"

Discussion

SafeTex Jul 12, 2020:
@ all Hello
I think the best answer is a combination of the two most popular suggestions. As attendance is compulsory, the summoned person will be compelled to attend if need be.
But "pursuant" is too formal here in my opinion and I therefore go with "in accordance with" or something similar.
AllegroTrans Jul 10, 2020:
These are two different meanings of 'supposed' but you cannot separate them into 'legalese' and 'vernacular' nor do they have separate pronunciations (at least not in correctly spoken English)
Eliza Hall Jul 10, 2020:
@AllegroTrans You've never noticed that? Here's the one I had in mind, the one that means assumed or believed:

"Supposed [ suh-pohzd, -poh-zid ]
1: assumed as true, regardless of fact; hypothetical: a supposed case.
2: accepted or believed as true, without positive knowledge: the supposed site of an ancient temple."
https://www.dictionary.com/browse/supposed

That one is commonly used in legal EN: the supposed evidence, supposed beneficiary (https://dictionary.law.com/Default.aspx?selected=861), etc. You don't hear it much in everyday spoken EN.

And then there's "supposed to" (required/expected to), for which that dictionary provides no phonetic transcription, but if you've heard Americans say it, you know that unlike the first entry above (in which we say the second S as a Z), for this meaning most of us say it as an S:

"supposed to
1: Intended to; also, believed to, expected to. For example, This pill is supposed to relieve your pain, or You're supposed to be my partner.
2: Required to, as in He is supposed to call home."
https://www.dictionary.com/browse/supposed-to?s=t
AllegroTrans Jul 10, 2020:
I for one.. have never heard of a legal 'supposed' as opposed to an everyday, vernacular 'supposed' with an apparently different pronunciation. Nor has my law dictionary. Anyone else?
Cyril Tollari Jul 10, 2020:
I think it should read "lui faisant savoir" instead of "lui faisons savoir". It'd be good to have the bit before "il est censé connaître", like "un mandat de comparution qu'il est censé connaître et lui faisant savoir", which changes the whole meaning.

'faisant' and 'faisons' are pronounced the same by some non-native speakers of French.
Cyril Tollari Jul 10, 2020:
"il est censé connaître" reminds me of "nul n'est censé ignorer la loi" (nemo censetur ignorare legem)
Eliza Hall Jul 10, 2020:
Re deemed vs. supposed As I mentioned to PhilGoddard below, I wrestled with whether supposé should be "deemed." Decided against it as deemed is (a) a touch too strong and (b) inconsistent with the statement that "we informed him" (if you inform someone of X, then you know that they know X -- there's no call to deem them to be aware of X).

So I chose "supposed," not in the everyday vernacular sense (which Americans pronounce "supost"), but in the sense where it's synonymous with "assumed" or "believed" (as in "I suppose you think that's funny").

But the nuance of meaning and context that separates "supposed" from "deemed" is very thin and either one would be acceptable here.
AllegroTrans Jul 10, 2020:
Asker Please clarify as this doesn't sound like an arrest warrant but a summons or subpoena to attend. An arrest warrant would be issued later if he fails to show. Is this correct?
Be careful wording legal documents such as this; "under the pretence of the law" would never be used. Also French uses the "royal we" for judges and certain officials, whereas we would never do this in English.
Cyril Tollari Jul 10, 2020:
Right. We don't have the bit that comes before, but I think they mean: he's supposed to know, and we're letting him know, that if he doesn't do so he will be forced to do so as required by law.
Cyril Tollari Jul 10, 2020:
What country is the ST from? Something weird about it

Proposed translations

+5
1 hr
French term (edited): il y sera contraint confermément à la loi
Selected

he will be forced to do so in accordance with the law

He's been served with an order to appear before the prosecutor (BTW this doesn't sound like what we would call an "arrest warrant" in EN -- is it a mandat de comparution/summons to appear, as in this case: https://www.mediacongo.net/article-actualite-68839_mandat_de...

If he doesn't show up on the appointed date, he is subject to being arrested and brought there by force ("y sera contraint" -- will be forced to do so).

For this: "il est censé connaitre et lui faisons savoir que, faute de ce faire, il y sera contraint conformément à la loi..."

It should be this: "he is supposed to know and we inform him that, should he fail to do this,* he will be forced to do so in accordance with the law."

* You can adjust this "should he..." bit depending on the exact language of what he's been ordered to do: "should he fail to do so, in the event that he fails to do so, should he fail to/in the event that he fails to appear, etc.
Peer comment(s):

agree Mpoma : we might say "pursuant to law" in the UK
4 mins
Thanks. We say that too. Either works.
agree Cathy Rosamond
5 mins
Thanks.
agree philgoddard : But I think "supposed to know" is too informal. "Is deemed to be aware of this".
23 mins
I wrestled with "deemed" -- see discussion for details. This isn't everyday "supposed to" (which Americans pronounce "supost"), it's legalistic "supposed" (pronounced suh-POZD, as in "she supposed that...").
agree writeaway
10 hrs
Thank you.
agree Chris Pr
4 days
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
-3
44 mins
French term (edited): il y sera contraint confermément à la loi

He/she will be obliged to abide by with the use of law enforcement officers

Legal terminology
Peer comment(s):

disagree Eliza Hall : I see what you're getting at but this doesn't make sense in EN, and "abide by" has no object.
17 mins
disagree AllegroTrans : Doesn't make sense, nor does the source text mention law enforcement officers
1 hr
disagree Carol Gullidge : "abide by with" = a no-no
2 hrs
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+4
1 hr

he will, pursuant to law, be compelled to attend

.. forced or coerced to is not the gentle, sophisticated or subtle reminder that ought to be used in English legalese.

'He will be compelled to do so by law`could change the emphasis and drift into the law enforcement realms portended by the first answer.

Also the spelling is conformément; compelled by or pursuant to law. So, unless for notarial attestation so certification of the translation as faithful and true to the original of confermément = 'as confirmed by the law', that spelling ought to be taken.


Example sentence:

A person can be compelled to attend court to face criminal charges in several ways. It starts with the police.

A proceeding in which, pursuant to law, testimony can be compelled to be given

Peer comment(s):

agree AllegroTrans : "compelled" is a moderately better choice than "forced"
1 hr
Thanks, AT. We don't really want anyone being press-ganged into attendance // Compelled and compellability are Anglo-Am. textbook civil & criminal, whereas en/forceability would, as you know, never be used in a court or tax order.
agree Carol Gullidge : makes more sense than either the ST or the TT proposed by the Asker, imo! But heaven knows whether this is what is actually intended :O))
1 hr
Thanks, Carol. Compellability of suspects or witnesses by summons is, in EN law at least, 'as prescribed by the law'.
agree Josephine Cassar : I prefer yours but would prefer 'in conformity with' instead of 'pursuant to'-not that it's wrong though
21 hrs
Thanks. In fact, I had considered 'in conformity with' - mine of pursuant to or in pursuance of had been a borderline choice in the repositioning of the sentence.
agree SafeTex : In accordance with perhaps but compelled is fine
3 days 3 hrs
Thanks. Compelled is in fact Anglo-Am. law-of-evidence textbook..
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