This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
  1. KudoZ™ Top
  2. Flemish to English
  3. Law (general)

verzet (aantekenen)

English translation: (give notice) to set aside a civ.or crim. default judg(e)ment; of opposition to a patent application

10:46 Jan 11, 2023
Flemish to English translations [PRO]
Law/Patents - Law (general) / Verzet/Belgium
Flemish term or phrase: verzet (aantekenen)
Het verzet is een rechtsmiddel waardoor aan een partij, ten aanzien van dewelke door een vonnisgerecht uitspraak werd gedaan bij verstek, de mogelijkheid geboden wordt om de zaak opnieuw aanhangig te maken bij het vonnisgerecht dat uitspraak deed, teneinde de beslissing te horen intrekken en de zaak andermaal, na een tegensprekelijk debat, te doen beoordelen.

1/ Opposition is the remedy whereby the party against whom a judgement was rendered by a court is granted the opportunity to refer the matter again to the court that passed the sentence, in order to seek withdrawal of the decision and have the case reheard, in adversarial proceeding.

I have strong doubts if this translation is right. I found different translations for the term "verzet": objection, appeal, application, opposition, setting aside.

The explanation that was given to opposition is 100 % right, but I found this term only once.

I am under the impression that in the USA's or UK's legal system there is no remedy against a default verdict and that you can only appeal whereas in Belgium it is possible to enter (hoger beroep) an appeal or (verzet).

2/ What the difference between setting aside a judgment or entering an opposition against a judgment?

If opposition is correct, is it used in criminal cases as well as in civil cases?
Niels Van der Linden
Belgium
English translation:(give notice) to set aside a civ.or crim. default judg(e)ment; of opposition to a patent application
Explanation:
Here is a long (and 'rambling') reply, hopefully to clear up common misconceptions on Pro and elsewhere. Australia/ New Zealand mutually influencing Canada (esp. in bankruptcy & insolvency referring to 'Orders'), India and the rest of the Indian Sub-Continent tend to follow English Common Law terminology.

To the asker's points, though 'caveat' there is no guarantee of Dutch or Belgian parallels:

1. (i.) opposition proceedings, internationally, are used for intellectual property: patents, trademarks and industrial designs. Objection or 'demurrer' in pleadings would be better understood Transantlantically.
(ii) Entry of a *caveat* is used in (England & Wales) E&W probate / (Scots) Letters of Confirmation to stop the proving of a Will.
(iii) Entry of a *caution* against a. first registration or b. dealings generally is used in UK conveyancing of land to stop transactions involving the property.
(iv) 'I am under the impression that in the USA's or UK's legal system there is no remedy against a default verdict' - wrong on both counts: a verdict is what is delivered by a jury in a criminal or civil (celebrity etc. defamation) trial.

The decision (award is arbitration) is called a default judg(e)ment, judgment by default or, post-criminal trial, a judgement (conviction and/or sentence) in absentia.

An application can be made to set aside or (AmE - though I stand corrected) *vacate* civ. or crim. judg(e)ment or (UK) to strike out pleadings (aka Statement of Case), strike down a dodgy part or parts of an oral or written contract or (AmE) dismiss the other side's pleadings.

NB in a criminal case in E&W, an appeal can be made against the conviction and/or the sentence handed down. Counsel /an Attorney-at-Law for the Defenc/se can 'settle' = draft or write Grounds of Appeal that follow a set stylistic pattern, such as: 'With all due respect to the Learnèd (who may have forgotten the law on the point)..., he or she erred in law and/or fact'.

2. The 'difference' IMO is that opposition, unless to a patent application, is not used. Again, an objection is used often in non-judicial settings, such as to a Parliamentary or Consumer Commissioner (Ombudsman or- woman in the EU and UK).

Otherwise, the English OUP Bar Drafting Manual in the second web ref. is a useful and affordable ref. work to dip into for civil (Lord Woolf's 1998 reforms have aligned to US civil justice terminology) and criminal litigation precedents.
Selected response from:

Adrian MM.
Austria
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2(give notice) to set aside a civ.or crim. default judg(e)ment; of opposition to a patent application
Adrian MM.
4 -1oppose the judgment by default
Lianne van de Ven
Summary of reference entries provided
refs.
Michael Beijer

Discussion entries: 1





  

Answers


59 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
oppose the judgment by default


Explanation:
"Default of appearance is the legal term for the situation in which the defendant (or his attorney) does not answer to the summons and does not appear on the day and hour specified in the summons. The defendant may *oppose the judgment by default* (verzet aantekenen) to *set aside the default judgment* (verstek zuiveren)."
(Quoted from Dutch Legal Terminology in English by Tony Foster)

Lianne van de Ven
United States
Local time: 13:10
Native speaker of: Native in DutchDutch

Peer comments on this answer (and responses from the answerer)
disagree  Ruchira Raychaudhuri: 'verzet aantekenen' is actually more often expressed (in the context of default judgments) as 'application to set aside a default judgment' rather than using the word 'opposition' or 'oppose the judgment'. Also it's the judgment that's default, not...
44 mins
  -> Yes, opposing the "judgment by default". Application to set aside default judgment is the application process; opposing it is common wording...
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
(give notice) to set aside a civ.or crim. default judg(e)ment; of opposition to a patent application


Explanation:
Here is a long (and 'rambling') reply, hopefully to clear up common misconceptions on Pro and elsewhere. Australia/ New Zealand mutually influencing Canada (esp. in bankruptcy & insolvency referring to 'Orders'), India and the rest of the Indian Sub-Continent tend to follow English Common Law terminology.

To the asker's points, though 'caveat' there is no guarantee of Dutch or Belgian parallels:

1. (i.) opposition proceedings, internationally, are used for intellectual property: patents, trademarks and industrial designs. Objection or 'demurrer' in pleadings would be better understood Transantlantically.
(ii) Entry of a *caveat* is used in (England & Wales) E&W probate / (Scots) Letters of Confirmation to stop the proving of a Will.
(iii) Entry of a *caution* against a. first registration or b. dealings generally is used in UK conveyancing of land to stop transactions involving the property.
(iv) 'I am under the impression that in the USA's or UK's legal system there is no remedy against a default verdict' - wrong on both counts: a verdict is what is delivered by a jury in a criminal or civil (celebrity etc. defamation) trial.

The decision (award is arbitration) is called a default judg(e)ment, judgment by default or, post-criminal trial, a judgement (conviction and/or sentence) in absentia.

An application can be made to set aside or (AmE - though I stand corrected) *vacate* civ. or crim. judg(e)ment or (UK) to strike out pleadings (aka Statement of Case), strike down a dodgy part or parts of an oral or written contract or (AmE) dismiss the other side's pleadings.

NB in a criminal case in E&W, an appeal can be made against the conviction and/or the sentence handed down. Counsel /an Attorney-at-Law for the Defenc/se can 'settle' = draft or write Grounds of Appeal that follow a set stylistic pattern, such as: 'With all due respect to the Learnèd (who may have forgotten the law on the point)..., he or she erred in law and/or fact'.

2. The 'difference' IMO is that opposition, unless to a patent application, is not used. Again, an objection is used often in non-judicial settings, such as to a Parliamentary or Consumer Commissioner (Ombudsman or- woman in the EU and UK).

Otherwise, the English OUP Bar Drafting Manual in the second web ref. is a useful and affordable ref. work to dip into for civil (Lord Woolf's 1998 reforms have aligned to US civil justice terminology) and criminal litigation precedents.

Example sentence(s):
  • ATE: nl verzet CJUE en application to set aside CJUE nl verzet aantekenen tegen COM en enter \'on opposition\' to COM \'lodge on opposition\' to COM

    Reference: http://iate.europa.eu/search/result/1673436573476/1
    Reference: http://global.oup.com/academic/product/drafting-978019285792...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Ruchira Raychaudhuri: Or 'to file an application to set aside a default judgment', lots of explanations available here:https://tinyurl.com/3rycrkvn
13 mins
  -> Dank je wel, dankie and thank you kindly.
agree  Michael Beijer: JurLex: verzet aantekenen tegen = to oppose, to object, to file an application to set aside
36 mins
  -> Dank je wel, dankie and thank you kindly.
Login to enter a peer comment (or grade)




Reference comments


2 hrs
Reference: refs.

Reference information:
Juridisch-Economisch Lexicon (JurLex):
verzet aantekenen tegen =
• to oppose
• to object
• to file an application to set aside

--------------------------------------------------
Note added at 2 hrs (2023-01-11 13:04:11 GMT)
--------------------------------------------------

IATE (https://iate.europa.eu/search/result/1673215928904/1 ):

nl:
verzet aantekenen tegen

de:
Einspruch erheben gegen

en:
enter on opposition to
lodge on opposition to

fr:
faire opposition à

Michael Beijer
United Kingdom
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

Return to KudoZ list

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

See also:
ProZ.com term search
Search millions of term translations
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search