Glossary entry

French term or phrase:

Levée de mesure

English translation:

to lift an order

Added to glossary by Gaurav Sharma
Mar 12, 2015 06:19
9 yrs ago
4 viewers *
French term

Levée de mesure

French to English Law/Patents Law (general)
No more context. It is the heading of the Court order. Text is from Switzerland, DISTRICT COURT of Lausanne
My try :- revocation order or Order to revoke
TIA

Discussion

Nikki Scott-Despaigne Mar 13, 2015:
Refs for "revocation" To back up the point I make in my first discussion post. http://thelawdictionary.org/revocation/
http://www.dictionnaire-juridique.com/definition/revocation....

Second point, I see that you are asking for help with the term "measure". That is not possible without further context. The nature of the measure can only be determined with context. I would imagine that some previous document, other context, or indeed the text that follows would provide further context. A measure can be anything at all! ;-)
Nikki Scott-Despaigne Mar 13, 2015:
@Gaurav - important The word "revocation" has to be used with care. If the order in question revokes a particular measure, that means that whatever measure was in place is made nul and void. The parties therefore find themselves in the situation they were in before the measure was applied. In other words, it is as if the measure had never been applied.

However, a "levée" has the effect of raising, lifting, removing the measure in place. The parties go on from there. It does not necessirly imply that the measure in made nul and void (= revocation) just that it is no longer in place. Revocation cancels the effet of the measure; "levée" canels the measure, not necessarily its effects.

Proposed translations

2 hrs
Selected

lifting/ repeal of a measure/ court order

The precise wording would depend on what the actual measure was, and who instituted it. I'm not too familiar with Swiss law, which varies from Canton to Canton.
E.g. in Belgium, a Juge des Saisies can order the seizure (saisie) of certain goods, and then lift that measure afterwards.
The tricky part is that lifting and repealing are not 100% identical: in my (admittedly twisted, legal) mind, lifting will be appropriate when certain conditions are met after the measure has been instituted. Repealing would be the term when it appears that the original measure shouldn't have been taken in the first place.
Example sentence:

Therefore, The Court, decides to lift the seizure of the mv "Atalante" ordered by this Court on (date)

Peer comment(s):

neutral writeaway : any actual refs to back 100% confidence?
41 mins
neutral Nikki Scott-Despaigne : We agree there is an important distinction to be made here. See my discussion post. A "levée" is not a "repeal" as it only cancels the measure in place, not its effects. "Lift" conveys correct meaning, "repeal" does not. Why is "court order" at the end?
15 hrs
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4 KudoZ points awarded for this answer. Comment: "Many thanks Andre, great help."
24 mins

Termination or lifting (of measure)

A measure is being lifted here.
Note from asker:
Want to know what is measure here. Is it a previous order or judgement? BTW Many thanks for your response.
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