GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
---|---|---|---|---|---|---|
|
13:08 Jul 24, 2007 |
French to English translations [PRO] Bus/Financial - Finance (general) / Loan agreement for real estate | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: AllegroTrans United Kingdom Local time: 20:02 | ||||||
Grading comment
|
Summary of answers provided | ||||
---|---|---|---|---|
4 +1 | joint and several |
| ||
3 | joint guarantee |
| ||
4 -1 | joint and individual guarantee |
| ||
3 -1 | joint and indivisible |
|
joint and indivisible Explanation: I think not. In fact, "joint and several" would, in my understanding, be just the opposite, i.e. "divisible" as opposed to "indivisible". Thus I would suggest "joint and indivisible". |
| |
Login to enter a peer comment (or grade) |
joint guarantee Explanation: No, joint and several in the opposite of each other. -------------------------------------------------- Note added at 6 mins (2007-07-24 13:15:33 GMT) -------------------------------------------------- Joint liability is that each party is liable for the whole obligation and several liability is that each is liable only for its contribution. The reason you see both together is to ensure that you can sue under both heads. -------------------------------------------------- Note added at 8 mins (2007-07-24 13:17:21 GMT) -------------------------------------------------- Have a look at this entry http://www.proz.com/kudoz/2047133 -------------------------------------------------- Note added at 38 mins (2007-07-24 13:47:25 GMT) -------------------------------------------------- Following Allegrotrans' post, I am curious to know the set-up here. I am always reluctant to translate a French legal term with an English one. Have a look at this link which talks more about what "solidarite" means. Interestingly, all the explanations I can find are Belgian. http://www.notaire.be/info/acheter/846_emprunt_garanties_cau... My understanding is that the guarantor pays if the underlying debtor doesn't pay at all, same as under English law, and that it also pays any outstanding amounts that the debtor hasn't paid. To my mind this is not the same as "joint and several" liability. It is more like a guarantee and indemnity. |
| ||||||||||||||||||||||
1 hr confidence: peer agreement (net): -1
|