Glossary entry (derived from question below)
French term or phrase:
sommation interpellative
English translation:
summon for documents
Added to glossary by
Ghyslaine LE NAGARD
Jan 8, 2006 23:48
18 yrs ago
19 viewers *
French term
sommation interpellative
French to English
Law/Patents
Law (general)
court rulling
Aujourd'hui malgré deux sommations interpellatives et l'injonction donnée par la XXXXXX, vous continuez à refuser de communiquer les document se rapportant à cet avis négatif.
Thanks for your urgent help.
Thanks for your urgent help.
Proposed translations
(English)
Proposed translations
11 mins
French term (edited):
sommation interpellative
Selected
subpoena for documents
documents required by official order
2 KudoZ points awarded for this answer.
Comment: "Thank you all."
21 mins
warning calls or 2 warnings (as interpellatives is not really needed) /demands
I'm pretty sure about this
Peer comment(s):
neutral |
writeaway
: can you provide refs? I am unfamiliar with the English terminology
1 hr
|
neutral |
mireille aboumrad
: how are those "warnings" delivered?
3 hrs
|
3052 days
served declaration and observed response (periphrase)
I don't know of any similar process in the English-speaking world.
The basic idea is a "huissier" identifies the person, makes a formal declaration and writes down an official report of whatever the person says (if anything).
This report can then be used in evidence.
The main purpose is to force the person in question to take a definite stance on an issue or to prove that he has been informed of something. Failure to answer therefore becomes, in itself, admissible in evidence.
Unfortunately I don't have a direct translation. I would include call it a "served declaration and observed response" and put the French in brackets.
Sources: multiple descriptions on the internet, often with reference to Art 800 Civil Code (heir summoned to disclose where inherited property is) or Art 1479 Civil Code (debts between spouses bearing interest only from the date of "sommation").
Interestingly no actual appearance of the word "interpellative" in the French Civil Code, Civil Procedure Code or Commercial Code. It seems to be something that has arisen in practice more than by law - but the amendment to Art 800 Civil Code adding "sommation" (previously "mise en demeure") is recent (2007).
Finally - yes documents may be requested by a "sommation interpellative" but the effect of failing to produce the requested documents is merely the effect that the law provides for in such cases: the "sommation interpellative" is used to prove that the demand has been made, rather than bearing any kind of forceful weight in itself, as a subpoena does.
The basic idea is a "huissier" identifies the person, makes a formal declaration and writes down an official report of whatever the person says (if anything).
This report can then be used in evidence.
The main purpose is to force the person in question to take a definite stance on an issue or to prove that he has been informed of something. Failure to answer therefore becomes, in itself, admissible in evidence.
Unfortunately I don't have a direct translation. I would include call it a "served declaration and observed response" and put the French in brackets.
Sources: multiple descriptions on the internet, often with reference to Art 800 Civil Code (heir summoned to disclose where inherited property is) or Art 1479 Civil Code (debts between spouses bearing interest only from the date of "sommation").
Interestingly no actual appearance of the word "interpellative" in the French Civil Code, Civil Procedure Code or Commercial Code. It seems to be something that has arisen in practice more than by law - but the amendment to Art 800 Civil Code adding "sommation" (previously "mise en demeure") is recent (2007).
Finally - yes documents may be requested by a "sommation interpellative" but the effect of failing to produce the requested documents is merely the effect that the law provides for in such cases: the "sommation interpellative" is used to prove that the demand has been made, rather than bearing any kind of forceful weight in itself, as a subpoena does.
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