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Thread: Legal translation for Procès-verbal de recherches article 659 C.P.C.

 
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    Default Legal translation for Procès-verbal de recherches article 659 C.P.C.

    I'm finding it hard to find the right translation for this legal term. It is certainly a report on the failure to deliver a legal notification to one of the parties involved in a trial. I've tried Google, but it threw a literal "minutes of research which makes no sense at all. Thank you in advance for all your contributions!

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    Definitely "Minutes of research" makes no sense whatsoever. I believe "Affidavit of attempted service" is the right translation. And the difference in meaning between the two couldn't be farther apart!

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    How about "Report of attempts to trace"?
    https://www.proz.com/kudoz/french_to...recherche.html

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    Quote Originally Posted by nabylm View Post
    How about "Report of attempts to trace"?
    Seems like a good option, too! However, I decided to go with francot's suggested translation that I also found at https://public.courts.alaska.gov/web...cs/civ-622.pdf.

    You know that in legal lingo there are nuances related to each locale, and I'd rather go with a reference from a government agency in Alaska. Thank you!

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    My two cents!:

    As best as I can determine, Article 659 requires that the “huissier de justice” shall draw up a report in which he accurately records the steps he has taken to find the recipient".

    The delivery of a summons is known as Service of Process. A huissier de justice acts in the service of process and is responsible for delivering such documents.

    A huissier de justice is an officer of the court in France and Canada (as well as other countries). This officer is solely responsible for the service and execution of enforceable instruments. There is no identical position in the English or American legal system. The office is often translated as bailiff or process server because of the similarities of function.

    The affidavit required by Alaska might not be applicable to this instance, which relates to another country and not to the U.S. legal system.

    Since the statute states that a report is required, to be safe, I would suggest going with nablym's suggestion and modify it. Maybe as "Report of Attempt to Serve" ?.
    Last edited by vicente; 03-26-2018 at 11:14 PM.
    vicente

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    Coincido plenamente con Vicente. La traducción legal EN <> FR es siempre un gran desafío, ya que las instituciones del derecho anglosajón (common law) no coinciden con las del derecho francés, que derivan del derecho romano. A veces, más que una traducción uno tiene que atenerse a "describir brevemente" la figura jurídica. En todo caso, siempre es útil dejar una nota del traductor.

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    Quote Originally Posted by gentle View Post
    I'm finding it hard to find the right translation for this legal term. It is certainly a report on the failure to deliver a legal notification to one of the parties involved in a trial. I've tried Google, but it threw a literal "minutes of research which makes no sense at all. Thank you in advance for all your contributions!
    I disagree gentle...but not completely. Here is my last finding:
    Minutes - SNUD (37-1) - No. 43 - House of Commons of Canada
    You can see that "Procès-verbal" is translated as "Minutes of proceedings"...Google probably took it from ther for hte translation.


    How about "Minutes of attempted service" ?

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    Let's agree to disagree... on "minutes" for these legal proceedings.

    minutes (plural)
    the official record of the proceedings of a meeting

    Source: Merriam-Webster

    There is no "meeting" here and that is the big problem to report to the judge.

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    I will go with one of my translator's pick:
    Attempt to Serve Process Report ('Service of Process' is the name, in the U.S. and Canada, of the act described in the French article)

    He shared with me the legal definition:
    https://maitredieterling.wordpress.c...sidence-connu/

    What do you guys think of that one?

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    Default Re: Legal translation for Procès-verbal de recherches article 659 C.P.C.

    I've thought about it overnight and still think "affidavit" pertains to U.S./English legal systems and not as in this case, the French/Canadian systems.

    I favor nabylm's Attempt to Serve Process Report , or more simply, Service of Process Report..

    As for "minutes of proceedings", I agree with Reminder that it does not refer to recorded minutes in the usual sense but to "time spent in search".
    vicente

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