⚠️ A procedural false friend… not to be confused with the lawyer’s bar
The expression to bar a claim does not refer to the barreau or to a physical barrier. In Anglo-American procedure, it means preventing a claim from being heard because of a procedural or legal obstacle: limitation period, chose jugée, lack of standing, etc.
👉 It is therefore a mechanism of irrecevabilité, comparable to forclusion or to a procedural objection in French law.
⚖️ In law: blocking the claim before examining the merits
A claim may be barred in many circumstances:
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Time-barred: prescription or lapse of time (forclusion)
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Res judicata: autorité de la chose jugée
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Lack of standing: absence of interest or quality to act
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Estoppel: prohibition against contradicting oneself in litigation
Examples:
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The statute of limitations bars the plaintiff’s claim
→ La prescription rend la demande du demandeur irrecevable
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His claim is barred by the prior settlement agreement
→ Sa demande est irrecevable en raison de l’accord amiable antérieur
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The doctrine of estoppel bars the defendant from denying the contract
→ La règle de l’estoppel empêche le défendeur de nier le contrat
👉 In such cases, the judge does not rule on the merits or the legitimacy of the claim, but on its procedural admissibility.
🧾 Contexts of use
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Civil, commercial, or constitutional proceedings
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Questions of admissibility prior to debating the merits
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Procedural defenses or preliminary objections
✅ In summary
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To bar a claim = rendering an action irrecevable or blocking it for legal reasons
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❌ Not to be confused with: barreau (the legal profession), or a physical/symbolic barrier
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May derive from statute, from the parties’ agreement, or from procedural principles
📌 TransLex’s Advice
Before translating to bar a claim, ask yourself:
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Is the action prevented for procedural reasons (limitation, autorité de la chose jugée)?
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Is the judge ruling on admissibility, not on the merits?
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Is it about a lost, expired, or contractually excluded right of action?
👉 In legal contexts, to bar a claim = irrecevabilité or extinction of the right to sue, not about lawyers or courtroom bars.
👉 It is a powerful procedural lever to defeat a claim from the outset.
