Dec 29, 2004 16:51
19 yrs ago
20 viewers *
French term
résilier un contrat
French to English
Law/Patents
Law: Contract(s)
Getting out of a contract
This is a question for you legal types out there. I know there are various terms for getting out of a contract, such as "rescinding", ..., but I am not so sure which is most appropriate here. Or would it be better to use a non-legal term to avoid misleading comparisons between the two incommensurable legal systems?
I note that Baleyte et al give "cancel" for the verb, and for the noun "résiliation" they have "cancellation ex nunc; annulment; termination (of contract)". There does not appear to be any further context explaining the effects of this action, but the party wishing to "resile" must give the other party notice to remedy the breach within ten working days. The jurisdiction is in Francophone Africa.
Here is my context:
"Le Contrat pourra être résilié par l’une des Parties, en cas de manquements graves ou répétés par l’autre Partie à ses obligations contractuelles."
I note that Baleyte et al give "cancel" for the verb, and for the noun "résiliation" they have "cancellation ex nunc; annulment; termination (of contract)". There does not appear to be any further context explaining the effects of this action, but the party wishing to "resile" must give the other party notice to remedy the breach within ten working days. The jurisdiction is in Francophone Africa.
Here is my context:
"Le Contrat pourra être résilié par l’une des Parties, en cas de manquements graves ou répétés par l’autre Partie à ses obligations contractuelles."
Proposed translations
(English)
5 +8 | terminated; rescinded | Marian Greenfield |
5 +2 | to terminate a contract | Assimina Vavoula |
4 +2 | terminate | JCEC |
5 +1 | terminate - not rescind | JackieMcC |
5 | Broken/broken off/brought to an end/ended | Anna Maria Augustine (X) |
3 | avoid a contract; repudiate (unilaterally); rescind (mutually or by the court) a contract | Adrian MM. (X) |
3 | not for grading | Peter Freckleton |
Proposed translations
+8
3 mins
French term (edited):
r�silier un contrat
Selected
terminated; rescinded
either will work....
Peer comment(s):
agree |
GerardP
: Terminated is the most used.
7 mins
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tks
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agree |
BAmary (X)
: Agree with GerardP, terminated.
11 mins
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tks
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agree |
sarahl (X)
19 mins
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tks
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agree |
Michel A.
: As an HR person, I dealt with loads ( hundreds ) of employment agreements written in English and it's always stipulated: subject to bla...bla... this agreement shall be terminated upon the occurrence....bla....bla
44 mins
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thanks
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agree |
Charlotte Allen
: Yes, terminated. Legal dictionary (and solicitor husband) confirm
46 mins
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thanks
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agree |
Patrice
1 hr
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agree |
writeaway
: terminated unless you are sure it's a rescission law.freeadvice.com/general_practice/ legal_remedies/rescission_remedy.htm
1 hr
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agree |
translatol
6 hrs
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4 KudoZ points awarded for this answer.
Comment: "Thanks to veryone. I went with "terminate". I have received contradictory advice, both here and elsewhere, about "rescind", much of it with impeccable references. So I thought "terminate" was safer."
+2
25 mins
French term (edited):
r�silier un contrat
terminate
The system in francophone Africa is probably derived from the Code Napoléon like the one in Québec. We normally use "termination" in contracts.
+2
33 mins
French term (edited):
r�silier un contrat
to terminate a contract
Conditions of employment of other servants, art.47,1b
Peer comment(s):
agree |
Red Cat Studios
1 hr
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agree |
ketter
: The agreement may be terminated....
4 hrs
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3 hrs
French term (edited):
r�silier un contrat
avoid a contract; repudiate (unilaterally); rescind (mutually or by the court) a contract
I agree with terminate in the case of breach. Just to diversify:
'avoidance' can be for mistake or on insolvency for a fraudulent disposition.
Repudiation can mean disaffirming or disavowing the contract. 'Repudiatory breach' can be accepted or declined by the other side.
There is controversy whether 'rescission' is 1. by the court only an equitable remedy in Eng. & Wales; 2. mutually between the parties or 3. unilateral.
Quote: ARTICLE 3.13 - (Loss of right to avoid). 705. Article 3.13 - (Loss of right to avoid). 706. (1) If a party is entitled to avoid the contract for mistake but the ...
'avoidance' can be for mistake or on insolvency for a fraudulent disposition.
Repudiation can mean disaffirming or disavowing the contract. 'Repudiatory breach' can be accepted or declined by the other side.
There is controversy whether 'rescission' is 1. by the court only an equitable remedy in Eng. & Wales; 2. mutually between the parties or 3. unilateral.
Quote: ARTICLE 3.13 - (Loss of right to avoid). 705. Article 3.13 - (Loss of right to avoid). 706. (1) If a party is entitled to avoid the contract for mistake but the ...
Reference:
www.jus.uio.no/lm/unidroit.international. commercial.contracts.principles.1994.commented/3.13
9 hrs
French term (edited):
r�silier un contrat
Broken/broken off/brought to an end/ended
Nothing simpler than brought to an end". Not complicated jargon either! Even makes straightforward common sense.
10 hrs
not for grading
Agree with previous suggestions of recinded or terminated.
Scottish Law Commission discussion paper on the site below has a helpful survey of terms and suggested usage.
"There has in the past been confusion
in the use of the words "resile", "repudiate" and "rescind" in the context of contracts. In recent years a standard usage seems to have emerged[..]
To resile from a contract means to withdraw from it lawfully, in the exercise of a right to do so, but not in response to a repudiation or breach To repudiate a contract means to indicate clearly, by words or acts, that the repudiator will not perform it, having no right to withhold or refuse performance.A repudiation is a wrongful rejection or renunciation of the contract. It does not end the contract but gives the other party an option to **rescind**
To **rescind** a contract means to bring it to an end, at least so far as concerns the future performance of primary obligations, in response to a repudiation or material breach by the other party."
Notice is generally understood to be an implied prerequisite for rescission.
Elsewhere "resile from" and "rescind" seem to be treated as interchangeable.
Scottish Law Commission discussion paper on the site below has a helpful survey of terms and suggested usage.
"There has in the past been confusion
in the use of the words "resile", "repudiate" and "rescind" in the context of contracts. In recent years a standard usage seems to have emerged[..]
To resile from a contract means to withdraw from it lawfully, in the exercise of a right to do so, but not in response to a repudiation or breach To repudiate a contract means to indicate clearly, by words or acts, that the repudiator will not perform it, having no right to withhold or refuse performance.A repudiation is a wrongful rejection or renunciation of the contract. It does not end the contract but gives the other party an option to **rescind**
To **rescind** a contract means to bring it to an end, at least so far as concerns the future performance of primary obligations, in response to a repudiation or material breach by the other party."
Notice is generally understood to be an implied prerequisite for rescission.
Elsewhere "resile from" and "rescind" seem to be treated as interchangeable.
+1
16 hrs
French term (edited):
r�silier un contrat
terminate - not rescind
If you look at the definition of the French term résilier (Cornu, Vocabulaire Juridique) it means "résolution non rétroactive, ... nom donné à la dissolution du contrat par acte volontaire comme la révocation MAIS SANS RETROACTIVITE". The definition of rescind (Black's Law Dictionary) is "to abrogate, annul or cancel a contract ... a rescission amounts to the unmaking of a contract, or an undoing of it from the beginning, and not merely a termination ... to put an end to the contract as though it never were." In other words, rescission implies termination with retroactive effect. Therefore, I think it best to translate résilier as to terminate.
Jackie
Jackie
Peer comment(s):
agree |
Dylan Edwards
: Thanks for the useful comments. This ties in with the use of "ex nunc" ("from now on") in some definitions of "résiliation". "Undoing from the beginning" is "ex tunc" (from that time onwards).
1 hr
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Discussion
It looks as though "rescind" may be technically the best option, but there is also a case for "terminate".