Aug 29, 2019 13:39
4 yrs ago
4 viewers *
French term

assignée

French to English Law/Patents Law (general) Paternity case
Hello,
This comes from a paternity case related to an estate. As Madame xxx is the deceased, assignée can't mean "summons" can it?
En l'espèce, Madame xxx ne fut assignée dans le cadre de la présente procédure qu'en raison du fait qu'elle est héritière de son mari prédécédé, Monsieur xxx.
Thanks for any help!

Proposed translations

14 hrs
French term (edited): assignée
Selected

received notice (via her estate)

Akin to third-party notice, but not called impleader in UK civil - only criminal - cases.

If she is already dead, then - as per the Harvard Uni. Socratic method of questions-and-answers law lecture movie - it is her estate (acting 'by' her PRs - personal representatives) who would have been given notice.
Example sentence:

Can a deceased person's surviving spouse pursue this class action suit? My husband died in 2010. Today 1/23/12 I received a notice that he may be part of the Discover class action suit.

Peer comment(s):

disagree Eliza Hall : It's not her estate, it's her late husband's. And assignation isn't mere notice.
12 hrs
'... Madame xxx is the deceased...' Her husband is predeceased. So it's her succession/ probated estate that receives the summons deemed to be served on her. You have handled claims against estates of decedents/ deceased persons, I assume..
agree Ben Gaia
15 hrs
Thanks. I didn't add 'given deemed notice' in case anyone commented about not 'seeing any hint of deeming'.
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4 KudoZ points awarded for this answer. Comment: "Thanks for your help!"
+1
1 hr

named

My way of reading it.
Peer comment(s):

neutral writeaway : I am not so sure. With 100% confidence, it's best/fairest to show at least one reference and/or provide an explanation.
3 hrs
agree Ben Gaia : Yes as in identified in relation to the case, as a deceased person cannot be summoned except by a medium!
4 hrs
agree AllegroTrans
10 hrs
disagree Eliza Hall : Named doesn't mean anything legally. Assigné does mean something legally.
1 day 1 hr
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+1
4 hrs

summoned to appear

It sounds like she was the subject of an assignation (summons) because she was the heir of her late husband's estate, and the putative child's claim against the estate therefore affected her interests.

That's a fancy legal way of saying that she had to be formally notified about the proceedings because the plaintiff (the alleged child of her late husband) was seeking money from her late husband's estate, and that money was now legally hers because her husband had died.
Note from asker:
Can this be possible if she's deceased?
Can this be the case if she is deceased?
Peer comment(s):

agree writeaway : yup
18 mins
neutral Ben Gaia : Yes to "formally notified ".//Sorry I understood her to be deceased from the question.
52 mins
Re your comment on Simon's translation, she isn't dead; she survives her late husband and inherited his estate.
agree Francois Boye
8 hrs
disagree Adrian MM. : 'Madame xxx is the deceased'. The post-deceased wife would have to be raised from the dead like Lazarus to enter an appearance. The mechanics in France and elsewhere are routinely that her own estate is deemed to receive the notice or summons.
22 hrs
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