Legal Definitions - assignation

The term "assignation" has distinct meanings depending on the legal context, though it is also used in an archaic sense outside of law to refer to a secret meeting, often for illicit purposes.

In legal contexts, "assignation" refers to:

• In Ecclesiastical Law: An assignation is a specific allegation or claim made by a defendant as part of their formal response to an initial complaint in a church court or disciplinary proceeding. It represents a precise point of defense or a counter-allegation.

  • Example 1: A bishop faces an accusation in an ecclesiastical tribunal regarding a procedural misstep. In his formal defense document, he includes an assignation, specifically alleging that the accuser had previously been disciplined for making unsubstantiated claims, thereby challenging the accuser's credibility.

    Explanation 1: Here, the assignation is a precise counter-allegation presented by the bishop (the defendant) within his formal response, directly aiming to discredit the initial complaint by highlighting the accuser's past conduct.

  • Example 2: A member of a religious order is accused of violating a specific monastic rule. In their written defense submitted to the order's disciplinary committee, they include an assignation detailing how the rule in question has been inconsistently applied to other members, arguing for a lack of fair enforcement.

    Explanation 2: This illustrates an assignation as a specific point of contention or a counter-argument made by the defendant (the member) within their formal pleading, challenging the application of the rule against them.

• In French Law: An assignation is a foundational legal document that serves a dual purpose. It acts as the plaintiff's formal complaint, outlining the legal basis and claims of the lawsuit, and simultaneously functions as a writ of summons, officially notifying the defendant of the legal action and requiring their appearance in court.

  • Example 1: A French software developer discovers that a competitor has infringed upon their patented code. The developer's attorney drafts and serves an assignation to the competitor, detailing the patent infringement, the requested damages, and the date by which the competitor must appear before the commercial court.

    Explanation 1: This example demonstrates the assignation as both the formal complaint (detailing the infringement and damages) and the official summons (notifying the competitor and requiring their court appearance) in the French legal system.

  • Example 2: A consumer in France purchases a faulty appliance and seeks a refund and compensation for damages. Their lawyer prepares an assignation, which specifies the defects of the appliance, the relevant consumer protection laws, the amount of compensation sought, and formally delivers it to the manufacturer, thereby initiating the lawsuit and demanding the manufacturer's response in court.

    Explanation 2: In this scenario, the assignation serves as the comprehensive document stating the consumer's complaint (faulty appliance, legal grounds, compensation) and simultaneously acts as the summons, compelling the manufacturer to engage with the legal process.