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May 29, 2016 11:07
8 yrs ago
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Arabic term

بالتضامن والتكافل

Arabic to English Law/Patents Law (general)
السؤال ليس في معنى المصطلح
السؤال هو هل "بالتضامن والتكافل" يُقصد بها "مجتمعين ومنفردين" ؟؟
لا يوجد مصطلح "بالتضامن أو التكافل" و لكن يوجد مصطلح "بالتضامن والتكافل"
أعتقد أنه يختلف عن مجتمعين ومنفردين !!
أشكر مساهمتكم
Proposed translations (English)
3 +1 explanation

Discussion

Erzsébet Czopyk May 29, 2016:
if you do not provide the full sentence as a context it is very hard to decide, because it might be different but might be not.

Proposed translations

+1
59 mins

explanation

Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:
jointly liable or severally liable, or jointly and severally liable.

Joint liability
Each party is liable up to the full amount of the relevant obligation.

Several or proportionate liability
The parties are liable for only their respective obligations.

Joint and several liability
Joint and several liability is when multiple parties can be held liable for the same event or act and be responsible for all restitution required. In cases of joint and several liability, a person who was harmed or wronged by several parties could be awarded damages and collect from any one, several, or all of the liable parties. The liable parties would be required to pay the entire damage award, which could be split among multiple parties or could come from just one party. Each party would be liable for part of the damages, or up to as much as all of the damages.

Joint and several liability differs from comparative fault, where the multiple parties would be assigned responsibility for a portion of the damages in relation to the percentage of fault that they bore for the harm.

http://www.investopedia.com/terms/j/joint-and-several-liabil...


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Note added at 1 hr (2016-05-29 12:09:25 GMT)
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https://en.wikipedia.org/wiki/Joint_and_several_liability
http://uk.practicallaw.com/8-200-1391
www.claytonutz.com › Publications and News › Insights (Newsletters)
If the intention is to create either joint liability or several liability, express words should be used to make that intention clear. This month's 'Did ...

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Note added at 1 hr (2016-05-29 12:28:42 GMT)
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I think you are on wrong way but I suggest to call to this question the distinguished Hassan Hussein Aly Zekry http://www.proz.com/translator/1042582 who is the leaders in this pair in Law or http://www.proz.com/profile/932545 Muhammad Atallah.

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Note added at 1 hr (2016-05-29 12:30:34 GMT)
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sorry of course who is the leader
Note from asker:
many thanks, I don't know whether you got my point or not, let me tell you, we used to translate بالتضامن والتكافل as "jointly and severally " however I guess we all went in wrong direction since التكافل والتضامن doesn't imply any singular / several liability in Arabic dictionaries, therefore, I think that التضامن والتكافل may be translated as "jointly" only
Many many thanks, I will revert to them
Peer comment(s):

agree KHALDUN ALQAYSI : Thorough xpalantion, thank you
2193 days
Thank you very much.
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