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περίγραμμα του προς πραγματοποίηση έργου, μονοσήμαντα ορισμένο
Apr 3, 2014 08:47
10 yrs ago
21 viewers *
Greek term

Προσεπίκληση, Προσεπικαλών, Προσεπικαλούμενος

Greek to English Law/Patents Law (general) Court Decision
"Με την υπό κρίση προσεπίκληση, η προσεπικαλούσα, αφού παραθέτει αυτούσιο το κείμενο της από τάδε αγωγής, εκθέτει ότι, δυνάμει σχετικής σύμβασης, ο προσεπικαλούμενος έχει αναλάβει να καλύψει την ζημία από την επίδικη υπόθεση".
Proposed translations (English)
3 +1 Thing party joinder / Plaintif to third party joinder/ defendant to third party joinder
4 Adduction, the adducer, the person or item adduced
4 -1 summons

Discussion

Peter Close Apr 4, 2014:
I have been researching this further to see whether I or Ioanna are more correct in our interpretation of the terms and have found examples which tend to indicate that both of us are correct depending upon the circumstances, or that the answer is unclear as to whether the word προσεπικαλούμενος can apply equally to a third party who is called to provide evidence or to testify and to a third party who is asked to take an active part in a suit, as is the case in the following example:
http://www.elinyae.gr/el/lib_file_upload/AP260-2011.13475239...
The reference to the words is at the bottom of the first page.
Peter Close Apr 4, 2014:
Ioanna: I wasn't expressing frustration. I admit that I was slightly annoyed by the fact that you chose to make a neutral comment regarding my answer and to criticise it for a reason that I had covered in a note in my answer, but I wasn’t reacting to that criticism. I merely expressed my opinion about your answer in the same way that you were expressing your opinions about mine. :)
Ioanna Karamitsa Apr 3, 2014:
I was only sating that my comment (and not my answer) was exactly the opposite of what you understood. I really don't see any reason for frustration here, Peter :) We are all trying to help, right?
Peter Close Apr 3, 2014:
@ Ioanna: Your answer is not precisely the opposite of my answer. It is a different version of my answer, but original in its own right. I believe that your answer makes assumptions that are not entirely substantiated by the Stamelos-Hatzimanoli Legal Dictionary’s interpretation of the terms, but you obviously appear to disagree with this. However, you must excuse me now, I have two translations of my own to complete by tomorrow afternoon and cannot afford to spend more time on this discussion.
Ioanna Karamitsa Apr 3, 2014:
My point was exactly the opposite, i.e that the person is not just called to produce evidence, but they become a party to the litigation (plaintiff or defendant in joinder) as the case may be
Peter Close Apr 3, 2014:
If Ioanna’s comment about my answer is correct, then, perhaps, I should revise my answer to:

Προσεπίκληση = the act of calling a third party to give evidence

Προσεπικαλών = the person calling a third party to give evidence

Προσεπικαλούμενος = the third party called to bring evidence

This brings the suggested meanings more in line with the interpretation suggested by the Stamelos-Hatzimanoli Legal Dictionary.

Proposed translations

+1
2 hrs
Selected

Thing party joinder / Plaintif to third party joinder/ defendant to third party joinder

According to Black's Law Dictionary:
JOINDER: Uniting of several causes of action or parties in a single suit. In federal practice, a party "may join, either as independent or as alternative claims, as many claims, legal, equitable, or maritime, as he has against the opposing party.

Also
IMPLEADER: the procedure by which a third party is brought into a suit between a plaintiff and a defendant, where that party may be liable so as to settle all claims in a single action. It is a procedural device available to any defendant where a third party is or may be liable to him for any damages that the defendant owes the plaintiff. The defendant is considered a "third-party plaintiff" vis-a-vis the third party thus joined.

But also
INTERPLEADER: an equitable action in which a debtor, not knowing to whom among his creditors a certain debt is owed, and having no claim or stake in the fund or other thing in dispute other than its proper disposition, will petition a court to require that the creditors litigate the claim among themselves. The person interpleading is called the stakeholder. Interpleader is a procedure often used by insurance carriers, which will deposit the proceeds of a policy in court where several persons with conflicting rights have made claims.

Hope this is helpful
Peer comment(s):
agree Nadia-Anastasia Fahmi : Καλό Πάσχα, Ιωάννα!
13 days
Καλή Ανάσταση, Νάντια μου!!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I think that the word "Impleader" is the closest in meaning. Many thanks for your help! "
-1
26 mins

summons

... etc
Peer comment(s):
disagree Ioanna Karamitsa : Νομίζω ότι το summons είναι η κλήση. Στην προσεπίκληση "σκοπείται ο εξαναγκασμός τρίτου να παρέμβει σε εκκρεμή δίκη και να υποστεί τις συνέπειες της απόφασης"
2 hrs
Something went wrong...
33 mins

Adduction, the adducer, the person or item adduced

According to the Magenta Dictionary "Προσεπίκληση" = Adduction

Now see:

http://dictionary.reference.com/browse/Adducing

http://dictionary.lawyerment.com/topic/adduction/

http://legal-dictionary.thefreedictionary.com/adduce



--------------------------------------------------
Note added at 46 mins (2014-04-03 09:33:38 GMT)
--------------------------------------------------

According to the Stamelos-Hatzimanoli Legal Dictionary “Προσεπίκληση’ (according to the meaning of Article 86 of Civil Procedure Code) = bringing in a third party by litigant, requirement of a third part to intervene, requirement of a party to interplead, and “Προσεπικαλώ” = bringing in a third party, implead. Therefore, “Προσεπικαλούμενος”, would be the third part brought in to provide evidence.

--------------------------------------------------
Note added at 48 mins (2014-04-03 09:35:43 GMT)
--------------------------------------------------

Sorry, the last sentence of the previous note should read:

Therefore, “Προσεπικαλούμενος”, would be the third party brought in to provide evidence.


--------------------------------------------------
Note added at 3 hrs (2014-04-03 12:10:25 GMT)
--------------------------------------------------

If Ioanna’s comment about my answer is correct, then, perhaps, I should revise my answer to:

Προσεπίκληση = the act of calling a third party to give evidence

Προσεπικαλών = the person calling a third party to give evidence

Προσεπικαλούμενος = the third party called to bring evidence

This bring the words more in line with the interpretation suggested by the Stamelos-Hatzimanoli Legal Dictionary
Peer comment(s):
neutral Ioanna Karamitsa : Looking this up I found that adduction refers merely to producing evidence; whereas in this case "ο προσεπικαλούμενος έχει αναλάβει να καλύψει την ζημία από την επίδικη υπόθεση". I am not certain, yet I am not a lawyer, let's hope we get some help here :)
2 hrs
Please see my note, where I have said, "Therefore, “Προσεπικαλούμενος”, would be the third party brought in to provide evidence."
Something went wrong...
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