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Boîte soudure sous balayage argon
aux imprécisions de mesure près
Apr 25, 2016 10:42
8 yrs ago
17 viewers *
French term

Acquisition

French to English Law/Patents Law: Contract(s) Construction, EN-UK
No, it doesn't mean "acquisition" in English. I have provisionally translated it as "invocation", but that sounds a bit like the witches stirring their cauldrons in Macbeth.

"Compétence est, en tant que de besoin, attribuée au juge des référés pour constater le manquement, la mise en œuvre de la présente clause résolutoire et son acquisition."
Proposed translations (English)
4 +1 entry into effect
4 Triggering or fulfilment
3 Adoption
3 Application
3 reliance upon
References
"acquisition" in French legalese

Discussion

AllegroTrans Apr 26, 2016:
@ Asker "Enforcement" is a specific legal procedure permitted by the courts (use of bailiffs to distrain on goods, freezing of bank accounts etc.). I do not think the word should be used in any other context in text such as this.
B D Finch (asker) Apr 26, 2016:
@AT What further enforcement is required beyond excluding them from the premises and not paying for any further work on their part? They weren't in occupation of the premises, so don't need to be ejected.
AllegroTrans Apr 26, 2016:
"Enforcement" The text appears to be speaking about the coming into effect/triggering/application of a "clause résolutoire" following an order made by the Court. If one of the parties subsequently requires it to be enforced (i.e. because the other party is not complying), then that is something else.
B D Finch (asker) Apr 26, 2016:
@Adrian The use of this clause is already triggered by the time it is presented to the judge. If the judge is to "constater le manquement (default by the contractor), la mise en œuvre (implementation by the client) de la présente clause résolutoire et son acquisition (enforcement by order of the court)," then the process is completed.
Adrian MM. (X) Apr 26, 2016:
la mise en œuvre so if early-stage acquisition now turns into the endgame of enforcement what is la mise en œuvre, if not the same or implementation.
B D Finch (asker) Apr 26, 2016:
Thanks Didier I think you've suggested the best answer, i.e. "enforcement".
Didier Fourcot Apr 25, 2016:
Civil law concept The tricky thing is that in civil law the law has priority over the contract, so even though the "clause résolutoire" has been violated by the offending party, a court has to confirm that it is enforceable as a contract breach (for tenancy the judge may also decide to postpone)
It may be hard to imagine in Common law that a contract breach needs a court's decision to become enforceable, so it could be hard to translate as the concept does not exist, but this is how it has to be understood
Adrian MM. (X) Apr 25, 2016:
Tenancies @ Didier or didn't he? - which brings us back to the point of 'defeasance' that I normally associate with leases and/or mortgages https://www.realtown.com/words/defeasance-clause (and not with defeat of well-known soccer teams at Parc des Princes).
B D Finch (asker) Apr 25, 2016:
More context I noticed that Didier has referred to tenancies. This is a from a construction works client-side project management contract.

Proposed translations

+1
1 hr
Selected

entry into effect

This clause takes effect when certain conditions are fulfilled. "Acquisition" would be a faux-ami here of course.
Note from asker:
Rethinking this, what the judge would decide would be whether or not to approve the entry into effect of this clause. If the firm refused to return papers etc., then the client could then ask the huissiers for assistance. Such a refusal would be unlikely to occur because the firm would have no further reason to retain them and would want to minimise damage to its reputation.
Peer comment(s):
agree rkillings : Exactly. Bear in mind that 'acquisition' is also the French term for EN "vesting" (of deferred benefits, powers, etc.).
45 days
thanks
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4 KudoZ points awarded for this answer.
12 mins
French term (edited): Acquisition

Triggering or fulfilment

de la présente clause résolutoire > of this condition subsequent (defeasant) > (Scots law) resolutive condition

PS the web ref. should also be about operation or triggering and not acquisition of insurance coverage.

NB I am a 'one quarter' native French squeaker. So this answer may be only '25% right'.



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Note added at 49 mins (2016-04-25 11:32:19 GMT)
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Yes, 1. resort to would work cf. the FHS Bridge FR/EN glossary entry for 'la prescription est acquise = limitation becomes effective.'
2. I know it isn't about insurance and now regret taking that typical example.
3. defeasance clause might IMO include a 'clause suspensive', to wit: a condition precedent (suspensive condition is, again, Scottish for KudoZ literal into-EN translators). So let us not 'suspend judgment' (Scots: judgement, ha!) just yet.
Example sentence:

The triggering of a resolutive condition results in the contract expiring

Reference:

http://www.proz.com/kudoz/french_to_english/insurance/3106045-l%E2%80%99acquisition_des_garanties.html

http://https://books.google.at/books?isbn=3866538987

Note from asker:
Thanks Adrian. Actually, I've called it a "defeasance clause" and think it best not to opt for Scottish terminology, though "of this condition subsequent (defeasant)" is almost poetic. This is not about insurance, it's about automatic termination of the contract by the client if the contractor is seen to be unable to fulfil its obligations.
I'm not sure about "trigger", because the client has quite a lot of discretion. What about "resort to"?
Peer comment(s):
neutral writeaway : how does the kudoz ref relate to the context of this question? /one could spend days posting erroneous kudoz entries.
4 mins
- to show the false-friend analogy: '.. the web ref. should also be about op. or triggering...' Pls. forgive me for not spelling out//Alas, I can't find even one entry (inc. for acquérir) bearing out 'earning' of premium or time limit 'becoming effective'
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1 hr

Adoption

Suggestion:
The concept of fulfilment seems to be incorporated in la mise en oeuvre, so maybe adoption in the legal sense of accepting something or making it [current] practice...?
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18 hrs

Application

Just based on Didier's refs and other suggestion. A clause may be applied/applicable under certain circumstances.
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19 hrs

reliance upon

Probably needs fiddling with to fit in your sentence, but it is about parties being able to rely upon a particular clause, be it to their advantage or not.
"Reliance" is a term used often enough in English legalese and have the advantage of bieng understandable in ordinary English with the same meaning.
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Reference comments

1 hr
Reference:

"acquisition" in French legalese

Rather specific of the "clauses résolutoires", "acquisition" this means that a court has to confirm that the conditions have been fulfilled:
https://sites.google.com/site/laclauseresolutoire/
Si la clause résolutoire a un effet automatique (fortement réduit toutefois par le fait que le juge peut accorder au locataire la suspension de la clause résolutoire), cela ne dispense pas le bailleur de saisir le juge qui seul peut constater l'acquisition de cette clause et autoriser le bailleur à requérir la force publique pour expulser le locataire.


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Note added at 1 heure (2016-04-25 12:15:40 GMT)
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http://www.legavox.fr/blog/maitre-joan-dray/mise-oeuvre-clau...
La clause résolutoire ne sera acquise qu'à la condition que l'infraction reprochée, expressément visée dans le commandement ou la sommation avec injonction d'y mettre fin, se soit prolongée pendant plus d'un mois.
(L 145-41 du code du commerce)
Reference:

http://www.persee.fr/doc/juro_0990-1027_1994_num_7_1_2127

http://www.legavox.fr/blog/maitre-joan-dray/commandement-payer-visant-clause-resolutoire-15138.htm

Peer comments on this reference comment:
agree AllegroTrans
8 hrs
agree Nikki Scott-Despaigne : Which is why I suggest "reliance upon" with a little rephrasing, as I think it enables this meaning to be conveyed.
18 hrs
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