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  3. Law: Contract(s)

par seule issue de ses obligations

16:37 Oct 9, 2019
French to English translations [PRO]
Law/Patents - Law: Contract(s) / insurance
French term or phrase: par seule issue de ses obligations
In a clause in an insurance contract, where the insurer "garantie le paiement ... lorsque le contrat avec l'entrepreneur est résilié pour exécution par seule issue de ses obligations". I'm failing to make sense of this one. Outcome of its obligations? Result of its obligations? End of its obligations? Perhaps my problem in understanding starts further back with the "résilié pour exécution"? (Sorry, I don't mean to ask two terms!). Could a learned colleague please shed light?
Sheena Currie
France
Local time: 22:52


Summary of answers provided
3 +3merely as a result of its (the contractor's) obligations ending
Adrian MM.


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
merely as a result of its (the contractor's) obligations ending


Explanation:
I think end of the obligations is right.

garantie = garantit ? le paiement - will guarantee (cover) payment ... lorsque le contrat avec l'entrepreneur est résilié pour exécution.... when the contract with the contractor(s) is terminated for the purpose of discharge (of the contract) through the mere ending of the latter's obligations.

Notes:

1. the contract is not terminated for non-performance
2. the scenario does not seem to be one of the contract being unilaterally repudiated by one contract party, though repudiation was a common notarial translation at my translation office in London for résiliation.

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Note added at 15 hrs (2019-10-10 08:01:44 GMT)
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Yes to the hint of a 'repudiatory' breach. I would now suggest 'terminated/ repudiated with the effect of discharge...'.

We will leave for now, unless anyone else wants to pick up on the point, that - in English law - only the innocent party need accept the breach, so bringing the contract to an end, though a West London County Court Registrar/ District Judge (a Solicitor who had a strange take on English contract law) and to whom I once put that argument, in a debt case, claimed that repudiation also needs be mutually accepted, namely by both the innocent party (my client) and the offending party.

Example sentence(s):
  • Discharge of a contract occurs when the main obligations of a contract end. The ending of this contract entails a termination of a contractual relationship.

    Reference: http://www.dictionnaire-juridique.com/definition/resiliation...
    Reference: http://www.lawinsider.com/clause/termination-for-non-perform...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86
Notes to answerer
Asker: Thanks very much for your answer. The full context appears to be (as I've since worked from a document with a minimum of information) that the contractor's insurer is being third-partied because the contractor has not made repairs or responded to formal notice so to do. Does this make your translation of 'repudiation' more relevant?


Peer comments on this answer (and responses from the answerer)
neutral  Daryo: the most regular/uncontentious end of a contract = why would THAT be an event that anyone would need to be insured against???
1 hr
  -> Yes. Good point. Pending clairification, I can envisage at least 3 scenarios: 1. the ins. co. has put up a performance/surety bond & repays the 'deposit' to the contractor; 2. the obligations end, but the contract term continues 3. substandard performance
agree  AllegroTrans: well that is what it says....but we really need to see more surrounding text //"solely" is a tad better than "merely", I think
3 hrs
  -> Thanks for your 'böessing'. I surmise the ins. co. had issued a performance bond to the contractor and is going to repay it.//OK to solely - food for more copycat answers, methinks. The important thing is that the asker agrees.
agree  B D Finch: Agree also with AT's "solely" instead of "merely". I could see that happening if the contractor had to be provided with certain facilities within a set limit of time or their obligations would lapse.
18 hrs
  -> Thanks and merci. The asker's hint at a contractor's 'repudiatory breach' suggests that the tail-end of the obligations isn't the 'sole' factor in the termination.
agree  Ph_B (X): with a preference (i.e. gut feeling - neither rhyme nor reason) for "solely".
14 days
  -> Merci and thanks. Again, the ending of obligations may not be the sole reason for the discharge (or frustration/ impossible performance) of the contract.
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