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Glossary entry

French term or phrase:

signifier en vain

English translation:

which was served on XX/XX/XXXX without success

Added to glossary by Ulla Kask
Nov 16, 2019 13:43
4 yrs ago
5 viewers *
French term

signifier en vain

French to English Law/Patents Law (general)
This is under the FACTS AND PROCEDURE section of some French court documents relating to liquidation proceedings:

[...], la société a fait appel de la décision en date du XX/XX/XXXX, la cour a rendu son arrêt le XX/XX/XXXX qui a été signifié le XX/XX/XXXX en vain.

I haven't been able to find any clues about whether the use of 'en vain' here in particular means that notification of the judgement could not be delivered, or that notification of the judgement was delivered, but produced no results (i.e. the defendant did not comply with the judgement - which in indeed the case, but perhaps not what is meant here)?
Proposed translations (English)
4 +1 which was served on XX/XX/XXXX without success
3 of which formal notice on XX/XX/XXXX remained in vain

Discussion

Ulla Kask (asker) Nov 17, 2019:
Thank you, Nathalie, for your very useful input and references!
Nathalie Stewart Nov 16, 2019:
2 examples I found 2 examples, each illustrating one of the possible meanings:

https://www.legavox.fr/blog/maitre-anthony-bem/nullite-signi...
"La signification de l'assignation et du jugement avait en effet été faite, en vain, à la dernière adresse connue de l’intéressé qui n’y habitait plus."
> Here, obviously, notice of the decision could not be served, as the individual was no longer a resident at this address.

https://www.legavox.fr/blog/maitre-anthony-bem/sanction-resp...
L'exécution forcée d'une décision de justice est rapide dans sa mise en oeuvre par les huissiers de justice mais peut rester vaine si le débiteur est insolvable ou a organisé son insolvabilité, ce qui revient au même.
> Here, on the contrary, a decision was served but produced no results.
Nathalie Stewart Nov 16, 2019:
Not enough context Dear Ulla,
I think you are right to wonder, and the expression "signifié en vain" alone is not sufficient since it could go both ways. It depends on the context and on what else you know about the case.
Did the defendant not comply with the judgment because they never received notice of it, or because they knowingly refused to comply?
Marco Solinas Nov 16, 2019:
To Asker I think it means that the decision of the court was notified on XX/XX/XXXX, but it yielded no results.

Proposed translations

+1
4 hrs
French term (edited): qui a été signifié le XX/XX/XXXX en vain.
Selected

which was served on XX/XX/XXXX without success

This sounds like an attempt to by the court to serve process without success.
The usual reasons are (1) the order was posted, but returned undelivered, or (2) a process server tried to serve the order but could not locate the individual

Where I live (England) the Court simply posts documents by ordinary unregistered mail. Documents are deemed to be properly served if they are not returned undelivered. If further attempts to serve are needed, it's up to the opposing party to arrange for a process server or to instruct an enquiry agent to attempt to trace the individual.


Range v. Eagan, Case No. 17-11245 | Casetext
https://casetext.com › Browse cases › 6th Circuit › January › Range v. Eagan
17 Jan 2018 - Plaintiff submits that they "have been reassigned and moved around to different facilities," making service of process unsuccessful. He also ...
Note from asker:
Thank you, this version does seem to fit the best!
Peer comment(s):
neutral Daryo : "Documents are deemed to be properly served if they are not returned undelivered." => you can not assume that the same rules apply outside of UK - in some other jurisdictions you might need more than an assumption - a positive proof of delivery. //unclear
12 hrs
I haven’t assumed this
agree Adrian MM. : ... that had been......: so 'marked: returned unserved'
20 hrs
Assuming it's referring to postal service. yes, but best to omit just in case it was an attempt at personal service and the debtor legged it as soon as he saw the process server coming up his driveway, or denied being who he really was, etc.
Something went wrong...
4 KudoZ points awarded for this answer.
1 hr
French term (edited): qui a été signifié XX/XX/XXXX en vain

of which formal notice on XX/XX/XXXX remained in vain

Perhaps this would be sufficient as a translation. It also can go both ways in English.

(see Discussion above)

https://www.robot-advance.com/EN/ins-order-and-delivery-24.h...
... after a formal notice has remained in vain.

https://cop-room.com/pages/terms-of-purchase?locale=en
...the Seller may, after formal notice [...] remained in vain, proceed to the withdrawal and resolve the sale by right.
Note from asker:
Thank you, Nathalie, for the very useful input and references! However I do have to agree with AllegroTrans about the importance of keeping the term 'service' in the translation.
Peer comment(s):
agree Eliza Hall
41 mins
agree SafeTex : Safer bet here
9 hrs
disagree Adrian MM. : formal notice to complete or revoke in the sale of goods is a completely different ball game
1 day 1 min
disagree AllegroTrans : You have omitted the essential fact that "signification" is "service" (a specific requirement with specific rules) not merely giving notice
1 day 16 mins
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