Jul 11, 2017 22:08
6 yrs ago
25 viewers *
French term

emporte élection de domicile

French to English Law/Patents Law (general)
Bonjour,

Je dois traduire en anglais un document d'huissier de justice comportant la phrase suivante:
"La constitution d'avocat emporte élection de domicile"
Pensez-vous que le terme anglais "imply" conviendrait ici ?
Merci d'avance pour votre aide.

Discussion

AllegroTrans Jul 19, 2017:
@ Philippe "Domicile" in English doesn't have an identical meaning in English to "domicile" in French; it is, as you correctly say, a legal fiction. However, we don't replicate the same legal fiction in English, we use "address for service" - google it and you will see.
Philippe Gurd Gross Jul 14, 2017:
@AllegroTrans one isn't domiciled at one's lawyer's address either, and yet that's what the French says. The whole point is that it's a legal fiction designed to make service easier.

Proposed translations

+4
5 mins
Selected

comprises notice of address for service

In other words when you appoint a lawyer, that lawyer's office address becomes your address for service
Peer comment(s):

agree writeaway
41 mins
Thank you
agree Jackie Doble : agree
9 hrs
Thank you
agree Angus Stewart
1 day 14 hrs
Thank you
agree gayd (X)
1 day 17 hrs
Thank you
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+2
6 mins

constitutes an election of domicile

I think there are a variety of solutions. I would go with something stronger than "imply" unless that term is specifically suggested by the context. Maybe "entails" or "involves" would also work. I would use "constitutes" if it were me.
Peer comment(s):

agree mrrafe : Comprise means contain/include; entails is unclear as to causation (does the lawyer pick dictate domicile or vice versa?). Domicile might in fact dictate domicile but I doubt it, can't think of an example of such in US.
14 mins
Thanks!
agree Philippe Gurd Gross : One could also say "constitutes a choice of residence" http://www.btb.termiumplus.gc.ca/tpv2alpha/alpha-eng.html?la...
1 day 6 hrs
Thanks Philippe! I agree, that is also a good solution.
neutral AllegroTrans : @ Philippe: it is no way about "residence"; one doesn't reside at one's lawyer's address....nor is it about "domicile" (which has a raft of possible meanings)
2 days 1 hr
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