Les parties selon la participation

09:37 Jun 24, 2019 

Hi all,
This is a deed of undertaking, part of a call for tender. The parties are the Client, The Tenderer and the Design Firm.

14:28 Jun 18, 2019 

I agree Eliza

13:53 Jun 18, 2019 

You wrote,"legal capacity" is defined by laws / by the country's legal system NOT by one party giving or taking away anyone else's legal capacity.

True. But in this case, I suspect the parties are agreeing not to challenge each other's legal capacity. In other words, they're agreeing that in any future dispute that may arise about this contract, they waive any argument that "Party X did not have the legal capacity to do this," because they already agreed that Party X did have such capacity.

08:49 Jun 18, 2019 

My contribution to the guessing game: selon la participation could mean the parties being parties to the contract by virtue of a participation contract/agreement/list/whatever, that is defined elsewhere. This would be more convincing if participation had a capital P or were qualified by "above-mentioned" or words to that effect, but isn't this a guessing game?

07:53 Jun 18, 2019 

Normally I would agree with Adrian's suggestion that it relates to their shareholdings but it doesn't appear to make much sense, from the little context that we have. I would suggest that it means by entering into the contract, each party acknowledges that it is legally binding and that "participation" here is literally their involvement/being a party to the project/contract

22:10 Jun 17, 2019 

that "legal capacity" is defined by laws / by the country's legal system NOT by one party giving or taking away anyone else's legal capacity.

The explanation to this apparent nonsense must be somewhere else in this contract.

The ONLY "legal capacity" that depends on someone else's agreement is the "legal capacity" to represent someone. But the given fragment says nothing about anyone representing anyone else. IOW some more context would be useful to avoid nonsense.

18:03 Jun 17, 2019 

But it's not about liability, they're just agreeing that they have legal capacity and will comply with the contract.

17:53 Jun 17, 2019 

It probably does mean soemthing: the various parties may have different levels of involvement, and you wouldn't expect the firm who supplies the dooor-knobs to have the same level of liabaility as the main contractor for the whole project, for example.

16:36 Jun 17, 2019 

Without naming names, who are the parties, and what is the agreement?
It's possible that "selon la participation" doesn't actually mean anything - after all, they either agree to it, or they don't.