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
gain de ligne
Bon pour transaction, renonciation à tout instance ou action
Jul 21, 2014 06:19
9 yrs ago
2 viewers *
French term

inexigibilité

French to English Bus/Financial Finance (general)
I don't believe the word "unenforceability" fits here because it's talking about a sum of money.

"3) L'inexigibilité des sommes réclamées

En raison de la défaillance de la XXX, tant le capital que les intérêts générés par l'emprunt ne sont exigibles."

"non-payability"?... that sounds odd to me.
Proposed translations (English)
4 non-claimability
4 +4 irrecoverability
4 non payable
4 uncollectibility
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): philgoddard, AllegroTrans

When entering new questions, KudoZ askers are given an opportunity* to classify the difficulty of their questions as 'easy' or 'pro'. If you feel a question marked 'easy' should actually be marked 'pro', and if you have earned more than 20 KudoZ points, you can click the "Vote PRO" button to recommend that change.

How to tell the difference between "easy" and "pro" questions:

An easy question is one that any bilingual person would be able to answer correctly. (Or in the case of monolingual questions, an easy question is one that any native speaker of the language would be able to answer correctly.)

A pro question is anything else... in other words, any question that requires knowledge or skills that are specialized (even slightly).

Another way to think of the difficulty levels is this: an easy question is one that deals with everyday conversation. A pro question is anything else.

When deciding between easy and pro, err on the side of pro. Most questions will be pro.

* Note: non-member askers are not given the option of entering 'pro' questions; the only way for their questions to be classified as 'pro' is for a ProZ.com member or members to re-classify it.

Discussion

rkillings Jul 22, 2014:
Yes, it is very clear that this is about sums of money. And you can be sure that the creditor's accountant will insist that the amount in question be written off in the creditor's books as uncollectible. Hence my original suggestion.:-)
Mpoma (asker) Jul 22, 2014:
thanks, but you're skewing things it's quite clear in the phrase that it is about *sums of money*... can a sum of money be enforced? No, and your discussion entry doesn't show that it can. That's why I chose to rephrase with "due". I don't go with "non-claimability" in fact, but in choosing Daryo's answer that's what it put unfortunately. Hopefully people looking for this in future will read the entire discussion and come to their own conclusions! An unchosen answer is never wasted.
rkillings Jul 22, 2014:
You didn't like "unenforceability"… … but that is exactly what it means.
Compare the FR and EN versions of EUR-Lex - document 62010CC0414:

23. Après analyse de la question préjudicielle, nous examinerons, en réponse à un argument des gouvernements allemand et néerlandais, si le droit à déduction cesse au moment de l’extinction ou de l’inexigibilité de la créance fiscale de l’État.

23. In view of the submissions of the German and the Dutch Governments, after my assessment of the question referred, I will examine whether the right to deduct is rendered invalid if the State’s claim for VAT on importation has been extinguished or is no longer enforceable.

You can demand it, you can claim it, you can point to the document that proves the amount is due -- but you have no way to enforce your claim. In other words, you cannot collect. Your claim is in a state of uncollectibility.
Mpoma (asker) Jul 22, 2014:
"The claimed sums are not due"... as I mentioned!
Laura Elvin Jul 22, 2014:
Heading? ASKER, out of interest, how did you then translate the paragraph heading, which is, after all, what you asked about?
Mpoma (asker) Jul 22, 2014:
reclassification request The people seeking reclassification as "non pro" should instead try answering this themselves. There are several seasoned Prozzers here in considerable disagreement over this. I eventually translated as "The claimed sums are not due": these are, predictably, assertions directed at the judges. I agree with Daryo's objections re "irrecoverablity" and "uncollectibility"
Nikki Scott-Despaigne Jul 22, 2014:
to recover, to collect Debts are recovered or collected. A form of words using either of these is the road to an accurate solution.
Daryo Jul 22, 2014:
not sure what would be the best translation, but it literally means "can not be demanded"

It has NOTHING to do with the debtor not being able to pay due to insolvency, bankruptcy etc...

It's about the debt/obligation itself - contesting that there is at all any obligation to pay

IOW "3) L'inexigibilité des sommes réclamées" in plain English means:
"we don't owe you zilch, your claim hasn't got a leg to stand on"
"you are making unfounded demands"
NOT
"we can't pay"
Mpoma (asker) Jul 21, 2014:
thanks as I've said, I don't believe you can say "(un)enforceability" here. So for me your candidate term is "non-repayability" (or possibly "several ways" which you haven't mentioned). But "repayment" covers the principal, not the interest. It's the "fact of not being due" I'm trying to get at.
philgoddard Jul 21, 2014:
You could say unenforceability, unenforceable nature of, non-repayability. Or you could turn the heading into a positive and say enforceability. There are several ways you could translate this.

Proposed translations

4 hrs
Selected

non-claimability

http://dictionary.reference.com/browse/non-claimable

although I would rather reshuffle the whole lot and use "can not be claimed" or "are not due"

--------------------------------------------------
Note added at 1 day52 mins (2014-07-22 07:12:19 GMT)
--------------------------------------------------

inexigibilité nf (droit)

qualité de ce qui est inexigible, qui ne peut être exigé

[http://dictionnaire.reverso.net/francais-definition/inexigib...]
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "yes, in the end I put "are not due" myself... thanks"
56 mins

non payable

They are not payable because the company in question is insolvent and has probably obtained protection from its creditors under some reorganization procedure. The debts may have been discharged, making them not payable.
Reference:

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/DischargeInBankruptcy.aspx

Peer comment(s):
neutral AllegroTrans : but the term is a noun - you have produced an adjectival
1 hr
agree Francis Marche : Producing a noun for an adjectival and vice-versa is a basic of operation of F-E / F-E translation work.
6 hrs
disagree Daryo : nothing to do with the "capacity to pay"
23 hrs
Something went wrong...
+4
7 hrs

irrecoverability

Harrap's FR-ENG Business Dictionary: 'inexigible' = 'irrecoverable'
Peer comment(s):
agree AllegroTrans : Exactly!
54 mins
thank you
agree B D Finch : Though, I would prefer to word it to avoid "irrecoverability" on aesthetic grounds and say that the monies are irrecoverable.
1 hr
thank you and point taken
agree Octavio Armendariz
4 hrs
thank you
neutral Daryo : ambiguous - could imply that there is a debt to recover // the ST is about arguing whether there is any obligation to pay at all
17 hrs
agree Nikki Scott-Despaigne : A phrasing with "cannot be recovered" would probably be a clear way roud this. ("Irrecoverability" is not elegant in English and even "irrecoverable" is not that natural).
18 hrs
Something went wrong...
11 hrs

uncollectibility

The creditor can demand it all he wants, but where there is zero possibility of repayment, the debt is uncollectible.
Futility negates the imperative sense of 'exiger'.

--------------------------------------------------
Note added at 1 day10 hrs (2014-07-22 17:18:50 GMT) Post-grading
--------------------------------------------------

Well, "are not due" works here -- but only if the reader understands that word in the *full* sense of the first meaning given in the OED:
1.a That is owing or payable, as an enforceable obligation or debt. (emphasis added)

I suspect most readers will understand "due" in one of the less restrictive definitions found in shorter dictionaries.
Peer comment(s):
disagree Daryo : your term implies that there is debt to recover // the ST is about arguing whether there is any obligation to pay at all
13 hrs
The debt that existed has not been extinguished; the obligation has simply become unenforceable, for whatever reason. The principal and interest on the loan have become uncollectible..
agree Nikki Scott-Despaigne : Agree noun for noun, although the Asker probably needs to rephrase with "uncollectable" or "canot be collected".
14 hrs
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search