Glossary entry

français term or phrase:

sommation interpellative

anglais translation:

summon for documents

Added to glossary by Ghyslaine LE NAGARD
Jan 8, 2006 23:48
18 yrs ago
20 viewers *
français term

sommation interpellative

français vers anglais Droit / Brevets Droit (général) court rulling
Aujourd'hui malgré deux sommations interpellatives et l'injonction donnée par la XXXXXX, vous continuez à refuser de communiquer les document se rapportant à cet avis négatif.

Thanks for your urgent help.

Proposed translations

11 minutes
français term (edited): sommation interpellative
Selected

subpoena for documents

documents required by official order
Peer comment(s):

agree mireille aboumrad : or summons
5 minutes
merci maboumra
disagree Anna Maria Augustine (X) : subpoena is "citation" or "assignation"
12 minutes
depending on jurisdiction and country
agree Abdellatif Bouhid
29 minutes
merci Abdellatif
disagree Christopher RH : "interpellative" means that it is oral - a demand for documents is not implied and can only be incidental, and there is no direct penalty for not doing whatever is said
3052 jours
Something went wrong...
2 KudoZ points awarded for this answer. Comment: "Thank you all."
21 minutes

warning calls or 2 warnings (as interpellatives is not really needed) /demands

I'm pretty sure about this
Peer comment(s):

neutral writeaway : can you provide refs? I am unfamiliar with the English terminology
1 heure
neutral mireille aboumrad : how are those "warnings" delivered?
3 heures
Something went wrong...
3052 jours

served declaration and observed response (periphrase)

I don't know of any similar process in the English-speaking world.

The basic idea is a "huissier" identifies the person, makes a formal declaration and writes down an official report of whatever the person says (if anything).
This report can then be used in evidence.
The main purpose is to force the person in question to take a definite stance on an issue or to prove that he has been informed of something. Failure to answer therefore becomes, in itself, admissible in evidence.

Unfortunately I don't have a direct translation. I would include call it a "served declaration and observed response" and put the French in brackets.

Sources: multiple descriptions on the internet, often with reference to Art 800 Civil Code (heir summoned to disclose where inherited property is) or Art 1479 Civil Code (debts between spouses bearing interest only from the date of "sommation").
Interestingly no actual appearance of the word "interpellative" in the French Civil Code, Civil Procedure Code or Commercial Code. It seems to be something that has arisen in practice more than by law - but the amendment to Art 800 Civil Code adding "sommation" (previously "mise en demeure") is recent (2007).

Finally - yes documents may be requested by a "sommation interpellative" but the effect of failing to produce the requested documents is merely the effect that the law provides for in such cases: the "sommation interpellative" is used to prove that the demand has been made, rather than bearing any kind of forceful weight in itself, as a subpoena does.
Something went wrong...
Term search
  • All of ProZ.com
  • Recherche par terme
  • Travaux
  • Forums
  • Multiple search