Legal Definitions - accrocher

Accrocher is a legal term derived from Law French, carrying two distinct meanings:

• To Accroach: This refers to the act of encroaching upon, usurping, or infringing upon someone else's rights, powers, or property without proper legal authority. It implies an unauthorized taking or interference, often involving an overreach of power or an unlawful appropriation.

  • Example 1 (Accroach): A municipal council attempts to pass a bylaw that dictates national immigration policy, an area clearly outside its jurisdiction and reserved for the federal government.

    Explanation: This action would be an "accroachment" because the municipal council is attempting to usurp powers that it does not legally possess, infringing on the federal government's authority.

  • Example 2 (Accroach): A dominant technology company includes a clause in its standard user agreement that effectively transfers ownership of any user-generated content to the company, even if that content was created independently and outside the company's platform.

    Explanation: This scenario illustrates an "accroachment" as the company is attempting to infringe upon and usurp users' rightful ownership and control over their intellectual property without a clear, fair, or legally sound basis.

• To Delay: This refers to the act of intentionally postponing or hindering a legal process, action, or decision, often without legitimate reason.

  • Example 1 (Delay): During a complex commercial arbitration, one party repeatedly requests unnecessary adjournments and submits voluminous, irrelevant documents, seemingly with the goal of prolonging the proceedings and exhausting the opposing party's resources.

    Explanation: This behavior would be considered an "accrocher" because the party is deliberately delaying the resolution of the dispute through dilatory tactics.

  • Example 2 (Delay): A government department, responsible for issuing a crucial license for a new business venture, intentionally postpones scheduled review meetings and demands excessive, redundant information over several months, causing significant and unwarranted setbacks to the business's launch date.

    Explanation: The department's actions to unnecessarily prolong the licensing process constitute an "accrocher" by delaying the business's ability to operate.