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Jul 22, 2014 09:52
9 yrs ago
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French term

appel d’instance et d’action

French to English Law/Patents Law (general)
Non-disclosure-type contract relating to redundancy compromise agreement.

The sackee was threatening legal action. On signing they'll be forever gagged, trussed and bound like a turkey obviously.

"Lu et approuvé, bon pour accord, bon pour transaction et désistement d’appel d’instance et d’action"

"désistement d’instance et d’action" is "retraxit". I presume that is what meant here. But how exactly to put "appel d'instance" or "appel d'instance et d'action"?

Discussion

Mpoma (asker) Jul 24, 2014:
what I put in case anyone's interested: "waiver of a right of action or appeal, and withdrawal of proceedings" - inspired by Bridge, which makes a distinction between "désistement d'action" and "désistement d'instance" in a way which makes sense. Thanks to Laura for the comma omission idea. As well as omitting the comma the drafter seems to have listed these different things in a peculiar order.
Mpoma (asker) Jul 22, 2014:
@Laura yes, I'll certainly buy that... unless someone else can offer an alternative
Tim Webb Jul 22, 2014:
Punctuation problem Voilà Laura, I was just thinking the same thing!

http://www.lexinter.net/JF/desistement.htm
Laura Elvin Jul 22, 2014:
Maybe.. Maybe there should be a comma after d'appel, so it would be: 'désistement d'appel, d'instance et d'action'?
Mpoma (asker) Jul 22, 2014:
ummm "instance d'appel" <> "appel d'instance" I fear
AllegroTrans Jul 22, 2014:
Appel - Définition - Dictionnaire juridique
www.dictionnaire-juridique.com/definition/appel.php Cached
En se référant à l'instance d'appel on dénomme "appel principal" le recours que l'une des parties a pris la première l'initiative de d'engager.
Mpoma (asker) Jul 22, 2014:
please read my question carefully in fact it is not the fact of the désistement which I want to know about but the expression which is posted as the question "term". What is an "appel d'instance"? If you know please post an answer.
AllegroTrans Jul 22, 2014:
A very similar question was asked yesterday

Proposed translations

41 mins

abandonment of appeal and action

une suggestion
Note from asker:
thanks... but can you supply some authority/reference proving that "appel d'instance" means "appeal"? In the context this seems rather unlikely: there has as yet been no case, so how can there be an appeal, and how can it be withdrawn?
Peer comment(s):

neutral AllegroTrans : maybe "undertaking not to appeal or take any further action" would work
8 hrs
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-1
2 hrs

appellate court and appeal

I believe that it is an appellate or higher court. And the appel d'action is simply an appeal. The word is waiver not abandonment.

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Note added at 2 hrs (2014-07-22 12:05:16 GMT)
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Your document is a settlement agreement. By definition, such an agreement is final and cannot be brought before or appealed before any court whether lower or higher.
Note from asker:
hmm ... please see comments re answer of SylvieLH
Peer comment(s):

disagree AllegroTrans : NO, it's not the Court otherwise it would say Tribunal or Cour
6 hrs
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