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Glossary entry

French term or phrase:

infirmation de mise en instance de rejet

English translation:

cancellation/nullification of the pending rejection

Added to glossary by Maria Constant (X)
Nov 14, 2014 15:20
9 yrs ago
8 viewers *
French term

infirmation de mise en instance de rejet

French to English Law/Patents Law (general) House repossession
I'm looking for the best way to translate "une infirmation de mise en instance de rejet" in the statement below.
"Le débiteur n'a pas réglé les sommes dues dans le délai qui était imparti dans le commandement.
Le commandement de payer valant saisie a été publié au service de la publicité foncière de XXX(ville) le 18/09/2014 volume X numéro XX suivi d’une infirmation de mise en instance de rejet en date du 03/10/2014, faute de règlement."

It is part of the legal process for house repossession.

Basically the debtor did not pay the outstanding balance before the deadline, so the creditor is now legally able to move on to the next stage in the repossession process.
So the first summons to pay serving as writ of seizure was published at the land registry on 18/09.
The debtor had 8 days to pay.
He didn't, so on 03/10 this "infirmation de mise en instance de rejet" took place.
There are double negatives here, as "infirmation" means nullification, followed by rejection.

I can only assume that what this means is that the summons to pay is cancelled as its validity expired (when the 8 day deadline lapsed without resolution i.e. no payment made by the debtor). The next sentence goes on to say
"Le créancier poursuivant est dès lors recevable et fondé à assigner en vue de l'audience d'orientation..."
so it is now accepted that the creditor can proceed with the repossession process.

So how to phrase the translation of "infirmation de mise en instance de rejet" ?

Thanks for any help, as searches come up with nothing.
Proposed translations (English)
2 cancellation/nullification of the pending rejection
Change log

Nov 14, 2014 15:24: writeaway changed "Language pair" from "English to French" to "French to English"

Nov 14, 2014 20:41: Yolanda Broad changed "Level" from "Non-PRO" to "PRO"

Nov 17, 2014 08:26: Maria Constant (X) Created KOG entry

Votes to reclassify question as PRO/non-PRO:

PRO (3): Simon Mac, Maria Constant (X), Yolanda Broad

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Discussion

Tony M Nov 17, 2014:
@ Cecilea Oh absolutely! It's a shame that some people do seem to see KudoZ as some kind of 'competition' — to me, like you say, it is a wonderful opportunity for synergy and learning! Thanks for being part of that!
Cécile A.-C. Nov 17, 2014:
Obviously and true for any native language speaker however no competition whatsoever just learning...
Tony M Nov 15, 2014:
@ Cecilea Oh yes, of course! But cleaerly, as a native-speaker of FR, you are much better placed than I to judge — and also, I expect you know more about this sort of subject area than I do!
Cécile A.-C. Nov 15, 2014:
@Tony with the rest of the sentence being ... faute de règlement (that is what determines the entire sentence) it is not about 'greater knowledge' but only finding with the understanding of everyone, the one that best suits the context.
Patti Maselli Nov 15, 2014:
Just another thought... The first idea that popped into my mind was "reversal of dismissal". Maybe something to explore.
Tony M Nov 15, 2014:
@ Ceciliea Well, I'll take your word for that! I just thought that "...a été publié... suivie d'une information...." had a sort of sense to me, but I'll happily bow to your greater knowledge.
Cécile A.-C. Nov 14, 2014:
information de mise en instance de rejet would not make much sense Tony !
Tony M Nov 14, 2014:
@ Cecilea Of course — I wasn't questioning the existence of the word, but simply the possibility that there might have been a confusion between the 2 words
Cécile A.-C. Nov 14, 2014:
could it be... a dismissal of the instance's rejection ???
Cécile A.-C. Nov 14, 2014:
infirmation existe en français - action d'infirmer http://www.larousse.fr/dictionnaires/francais/infirmer/42951
Hilary Decaumont (asker) Nov 14, 2014:
No, I think infirmation is correct
Tony M Nov 14, 2014:
Just a thought... ...from a total non-expert: it it at all possible that this could in fact be a typo for 'information' (the fact that the 'I' and 'O' keys are adjacent would make this a pluaisble typo, and since both are valid words, a spell-cheker would not have caught it).

It does however seem to me (as a purely lay reader!) as if 'information' might make more sense with 'mise en instance...'

Proposed translations

47 mins
Selected

cancellation/nullification of the pending rejection

For obvious reasons my confidence is low!

I've done quite a bit of searching but like yourself have not come up witha great deal. I think the "infirmation de mise en instance de rejet" refers to the fact that the writ of seizure was "deferred" for 8 days, the period the debtor was given to pay the amount owed. As the amount owed was not paid, the writ remains valid (i.e. it is not rejected) and the creditor can now proceed with the repossession procedure.

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Note added at 49 mins (2014-11-14 16:09:43 GMT)
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In other words had the debtor paid the amount owed the writ would have been rejected/dismissed.


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Note added at 2 days17 hrs (2014-11-17 08:26:54 GMT) Post-grading
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Glad I could help. Have a nice day. Maria
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4 KudoZ points awarded for this answer. Comment: "Thank you for the clear explanation"
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