Dec 9, 2004 20:44
19 yrs ago
13 viewers *
French term
Blurbfly (X)
...une mésure d'incapacité civile.
Non-PRO
French to English
Law/Patents
Law (general)
Part of a declaration by a manager of a company basically certifying that he's not bankrupt and is fit to run the company. But what exactly does this mean? Thanks.
Proposed translations
(English)
Votes to reclassify question as PRO/non-PRO:
PRO (1): Kpy
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Proposed translations
2 hrs
French term (edited):
...une m�sure d'incapacit� civile.
Selected
see explanation
The term "incapacité civile" means "civil disability"; so basically the director is declaring that he is not subect to a civil disability ruling or penalty. The two references below might help.
1) Subject Law - Legislation - Jurisprudence (JU)
Definition incapacité:état d'une personne privée par la loi de la jouissance ou de l'exercice de certains droits
TERM incapacité civile
Reference FRANKL;DF,NT:Guillien/Vincent,Lexique de termes juridiques,Dalloz 1978
Note {NTE} l'incapacité est dite d'exercice lorsque la personne qui en est frappée est inapte à mettre en oeuvre elle-même ou à exercer seule certains droits dont elle demeure titulaire l'incapacité est dite de jouissance lorsque la personne qui en est frappée est inapte à être titulaire d'un ou plusieurs droits
Translation:
TERM disqualified from making a contract
Reference Dictionnaire juridique,Le Docte,Kluwer
2) DEPARTMENT OF TRADE AND INDUSTRY - QUINQUENNIAL REVIEW OF THE INSOLVENCY SERVICE 2000 - STAGE 1 SEPTEMBER 2000
Insolvency Service Review Team
section 3.12.
The Companies Directors Disqualification Act 1986 consolidated disqualification in successive Companies Acts (essentially relating to criminal convictions) and re-wrote the civil disqualification provisions in the 1976 Insolvency Act which had been little used because of perceived legal complexities and problems and, it has been suggested, a lack of political and Service will and allocation of resources. Proceedings under the new civil disqualification provisions may be based on a single failure (where previously it had required 2 in five years); there are definitions of unfit conduct (extended by case law); and courts are required to disqualify for 2-15 years where unfitnes is found (where previously it had a discretion even if the case was proved). Director includes anyone who acts as a director, by whatever name called, including shadow directors. The Act applies in England, Wales and Scotland.
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Note added at 13 hrs 36 mins (2004-12-10 10:20:56 GMT)
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The legal definitions for \'incapacity\' and \'disability\' that I found are
Incapacity – Law : something that renders one legally ineligible; a disqualification.
Disability – Law : a legal incapacity or disqualification.
Source: The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company
A google search for \'civil disability\' produced the reference I quoted, while a similar search for \'civil incapacity\' referred to examples where the inability was because of an external cause, not because of a legal penalty being applied. However, it does seem as if the two phrases are very close in meaning.
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Note added at 15 hrs 57 mins (2004-12-10 12:42:01 GMT)
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What about \'subject to a civil (or legal) disqualification order\' as a more general term?
1) Subject Law - Legislation - Jurisprudence (JU)
Definition incapacité:état d'une personne privée par la loi de la jouissance ou de l'exercice de certains droits
TERM incapacité civile
Reference FRANKL;DF,NT:Guillien/Vincent,Lexique de termes juridiques,Dalloz 1978
Note {NTE} l'incapacité est dite d'exercice lorsque la personne qui en est frappée est inapte à mettre en oeuvre elle-même ou à exercer seule certains droits dont elle demeure titulaire l'incapacité est dite de jouissance lorsque la personne qui en est frappée est inapte à être titulaire d'un ou plusieurs droits
Translation:
TERM disqualified from making a contract
Reference Dictionnaire juridique,Le Docte,Kluwer
2) DEPARTMENT OF TRADE AND INDUSTRY - QUINQUENNIAL REVIEW OF THE INSOLVENCY SERVICE 2000 - STAGE 1 SEPTEMBER 2000
Insolvency Service Review Team
section 3.12.
The Companies Directors Disqualification Act 1986 consolidated disqualification in successive Companies Acts (essentially relating to criminal convictions) and re-wrote the civil disqualification provisions in the 1976 Insolvency Act which had been little used because of perceived legal complexities and problems and, it has been suggested, a lack of political and Service will and allocation of resources. Proceedings under the new civil disqualification provisions may be based on a single failure (where previously it had required 2 in five years); there are definitions of unfit conduct (extended by case law); and courts are required to disqualify for 2-15 years where unfitnes is found (where previously it had a discretion even if the case was proved). Director includes anyone who acts as a director, by whatever name called, including shadow directors. The Act applies in England, Wales and Scotland.
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Note added at 13 hrs 36 mins (2004-12-10 10:20:56 GMT)
--------------------------------------------------
The legal definitions for \'incapacity\' and \'disability\' that I found are
Incapacity – Law : something that renders one legally ineligible; a disqualification.
Disability – Law : a legal incapacity or disqualification.
Source: The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company
A google search for \'civil disability\' produced the reference I quoted, while a similar search for \'civil incapacity\' referred to examples where the inability was because of an external cause, not because of a legal penalty being applied. However, it does seem as if the two phrases are very close in meaning.
--------------------------------------------------
Note added at 15 hrs 57 mins (2004-12-10 12:42:01 GMT)
--------------------------------------------------
What about \'subject to a civil (or legal) disqualification order\' as a more general term?
4 KudoZ points awarded for this answer.
Comment: "Amanda, thanks for the helpful information. Sorry for the delay.."
34 mins
French term (edited):
...une m�sure d'incapacit� civile.
in a position of incompetance, inability or incapacity in private life
Meaning he is perfectly capable in his personal or private life. He manages his personal affairs with perfect competance.
Peer comment(s):
| neutral |
DocteurPC
: meaning he is not capable (incompetency) not incompetance
56 mins
|
2 hrs
Charlotte Allen
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Related KudoZ points
:
160
French term (edited):
...une mesure d'incapacit� civile.
...any civil incapacity order.
In a legal context, this has a slightly different meaning to the one suggested above. The 'mesure d'incapacité civile' is a legal 'measure' taken by the state in the case of a person suffering certain mental disturbances, and has the effect of making that person a 'ward of the state', deprived of the majority of their usual legal powers (e.g. to form a company, sign contracts, buy and sell property etc.) It includes such measures as 'tutelle' and 'curatelle'.
So by signing this declaration, the company manager is declaring that he/she is 'not under any civil incapacity order'. He is going further than just saying he is competent to do his job (in his own eyes or the eyes of others); he is saying that he is fully authorised in the eyes of the law to exercise all the powers he will need in the running of a company (or, rather, that he has not had those powers taken away).
Hope this helps.
So by signing this declaration, the company manager is declaring that he/she is 'not under any civil incapacity order'. He is going further than just saying he is competent to do his job (in his own eyes or the eyes of others); he is saying that he is fully authorised in the eyes of the law to exercise all the powers he will need in the running of a company (or, rather, that he has not had those powers taken away).
Hope this helps.
Reference:
http://www.udaf73.asso.fr/pages/lienactu/tut-etat.html
http://www.udaf73.asso.fr/pages/lienactu/curatelledetat.html
Peer comment(s):
| neutral |
Amanda Bracken
: A good explanation, but I feel that the company manager is declaring that he is not subject to a 'civil disability' order because of legal penalties being imposed because of, for example, brankruptcy.
11 hrs
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I do agree with you, Amanda, and I think you have probably hit on the right explanation. I think it's just a US/UK law terminology thing - in the UK 'civil disability' as a phrase doesn't exist, but it certainly does in the US.
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2 hrs
French term (edited):
...une m�sure d'incapacit� civile.
legal impediment
in English law we would say some thing like "being subject to no legal impediment ..........".
It's not a literal translation, but that's what it means.
It's not a literal translation, but that's what it means.
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