George Hopkins Mar 20, 2017:

Hm, Chris I do not claim to "know", I simply make suggestions and stand firmly by my recent contribution that, 'only the supplier of the source text (preferably the author) can throw light on what is really meant'.

Christopher Schröder Mar 20, 2017:

No, George This is an established concept in Swedish law, and it is the translator's job to know what it is and what to call it in English. Those, such as you and I, who have no idea what it is called in English need to butt out. Suggesting a meaningless literal translation without any support does not help the asker (do you not think they could come up with that themselves?) and could well lead them astray. This is why I feel compelled to disagree with some of your answers. I normally just ignore wrong answers, but if I feel the asker will be led astray then I will disagree. Please only answer if you have a sensible contribution to make!

George Hopkins Mar 19, 2017:

Hello Charles A translator's life is not easy, but only the supplier of the source text (preferably the author) can throw light on what is really meant. No amount of qualified or unqualified guesswork, or Google, is altogether reliable.

Charlesp Mar 19, 2017:

Hi George. Thanks for your reply note. I agree, that the terms are not difficult to translate - but that doesn't mean that the translation is correct, even if it there is an easy route.

George Hopkins Mar 17, 2017:

Meaning If the source text is unclear then simply ask the supplier for clarification. No need to speculate or engage Google. Use reliable dictionaries. Eg, the meaning of process and kommission are not difficult to translate.

Christopher Schröder Mar 16, 2017:

Surely the answer to George's question is that we are not Google Translate so we do not translate things literally word for word

Charlesp Mar 16, 2017:

Hi George. I am not sure what you mean.
Do you mean a phonetic translation? (i.e. sound alike translation)

My point simply was that this is a general term which could mean any number of things; and that the person with the document would be in the best position to determine what specific term/situation it applied to in English.

George Hopkins Mar 16, 2017:

Why not simply stick to the 'Swedish term or phrase' and the context given by the Asker and avoid mind-reading and guesswork?

Charlesp Mar 16, 2017:

champertous connivances I hesitated to mention this, but there is this term: "champertous connivance."

However many jurisdictions prohibit "champerty."

There is the issue of if the right to sue can be sold?
There are many ways to transfer a right to sue someone. If the right to sue arose out of a contract, those contract rights may be assigned. If the lawsuit is about a debt that too may be assigned.
However in some jurisdictions champerty (the funding of or investment in lawsuits) are restricted.

Charlesp Mar 16, 2017:

. By context I meant the overall circumstances and setting; i.e. litigation, an assignment, a contract - and in what context the term is being used.

(By the way, I didn't really dig it up (other than the weblink).)

Paul Lambert (asker) Mar 16, 2017:

Wow! You have really dug up some in-depth information. I will have to consider it all. "Subrogation" looks like a viable option.

To give more context, to put it simply: Party A is owed money by Party B, and Party B is owned money by Party C. Party B cannot pay Party A until he collects from Party C. Party C refuses or is unable to pay Party B, and thus B cannot afford to pay A. Party A then seeks to demand Party C directly for the money....ín a nutshell.

Charlesp Mar 16, 2017:

I'll add something you could also refer to it as an "assignment of rights to file a lawsuit. Sometimes in a contract there is a clause "assignment of claims and causes of action" - if it is a matter of "Selling Rights To Sue" (see https://tinyurl.com/Selling-rights-to-Sue).
Or it may be a matter of Subrogation .

It's all far to complicated to go into here.

Charlesp Mar 16, 2017:

it depends upon context i.e. what it really means. And you have the context (it isn't stated here). So I have given you a general term, not a "term of art."

I doubt that it is "litigation by proxy" - which by the way is a seldom used term and has a very specific meaning, and applies only in certain jurisdictions. It may be, and I am guessing here, simply an assignment of a debt, where the plaintiff is seeking to recover a financial amount.
Or it could be related to a "next friend" situation.

But as this term "processkommission" really isn't in use, you could ask 10 instructors at a Swedish law faculty, and get 6 different answers (where the five that are the same would be "I've never heard of it."

Paul Lambert (asker) Mar 16, 2017:

Right meaning - but is there a cleaner term? Yes, Charles, you have the correct meaning. I am still looking for a cleaner and more concise term for this (if any). If not, I will need to re-work several sentences and headings. For example, is there something called "litigation by proxy" or other such term?