Nov 3, 2022 16:48
1 yr ago
55 viewers *
French term

le GARANT ou la CAUTION

French to English Bus/Financial Finance (general)
I am trying to discern the difference between a "Garant" and a "Caution". Both terms crop up in an agreement for a Mortgage Credit Facility granted as an overdraft on a current account. I thought they both meant "Guarantor" - however, there must be a subtle difference which is bypassing me completely! Here's an example of context:

"Toutes les garanties et sûretés consenties ou à consentir conformément aux « Conditions générales applicables aux crédits consentis par XXX » et aux Conditions particulières s’ajoutent et s’ajouteront à toutes les garanties ou sûretés qui ont été ou seront consenties au profit de la BANQUE par l’EMPRUNTEUR, le GARANT ou la CAUTION sans qu'aucune novation ne puisse être invoquée contre la BANQUE."

As ever, I would appreciate any insights. Thanks in advance!
Proposed translations (English)
4 +5 the guarantor or surety
4 +4 Guarantor
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Yvonne Gallagher

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Discussion

Susan McDonald (asker) Nov 5, 2022:
I am awaiting an answer from the client Thanks to everyone who has contributed to this question. I am awaiting a decision from the client, as the documents in question are peppered with both terms, and both the Garant and the Caution must sign two of them. I shall let you know what transpires...

Proposed translations

+4
15 mins

Guarantor

Declined
There is no meaningful difference between the two: they both refer to a person or entity guaranteeing some form of credit granted to another person or entity.
Peer comment(s):

agree writeaway
15 mins
agree Reuben Wright : You can also substitute "surety" for "caution" and "guarantor" for "garant" for equivalence since there are two terms used in the source. They both mean the same thing; the person responsible for a debt if things go south
20 mins
agree AllegroTrans
23 mins
agree FPC : I agree but also agree with Adrian's comment. It is sometimes a matter of case law and interpretation by a judge of a certain document.
1 hr
agree Rachel Fell
5 hrs
disagree Francois Boye : le texte dit 'le garant ou la caution'. You must translate each word of the text.
20 hrs
Only if you belong to the word-for-word school of translation. Both words correspond to the same thing; both are encompassed by the single English word "guarantor".
Something went wrong...
+5
3 hrs

the guarantor or surety

Declined
- as intimated by Reuben W. who still voted for a previous answer.

Note that, in both English & French, surety - in civil law: (UK ship bail bond) and *criminal law bail* (US Am. bail bonder), can be a party as a physical person or legal entity or the bond itself.

Hence acte de caution or de cautionnement - deed of suretyship, a term as will be familiar to Chancery Practitioners.
Example sentence:

IATE: fr caution COM en suretyship en + stand surety se porter caution COM se porter caution pour

'A surety's undertaking is an original one, by which he becomes *primarily liable with the principle debtor*, while a guarantor is not a *party to the principal obligation* and bears only a secondary liability.”

Peer comment(s):

agree Francois Boye : of course, you are right! Each word of the text in French must be translated.
17 hrs
agree FPC : Guarantee and suretyship can swap meanings according to the legislation. In France https://www.caution-garantie.fr/difference-entre-caution-gar... but sometimes the distinction seems more that btw "caution solidaire" vs "caution simple"
18 hrs
agree Anastasia Kalantzi
20 hrs
agree SafeTex
4 days
agree CKSTraductions
15 days
Something went wrong...
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