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  3. Law: Contract(s)

cocontractant cédé

English translation: the other contracting party

09:51 Mar 2, 2020
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Reply to counterclaim
French term or phrase: cocontractant cédé
Context:
Dans ses conclusions, XX affirme, sur le fondement d’un arrêt, qu’en droit luxembourgeois, une partie à un contrat peut valablement et librement céder le contrat qui la lie à un autre contractant et qu’elle ne doit pas solliciter au préalable l'accord du cocontractant cédé.
Yves Barry Ben
France
Local time: 17:09
English translation:the other contracting party
Explanation:
This has been looked at on proz before - see link. The problem is that there is no direct equivalent in English law to this term. But 'other contracting party' seems to be the best workaround.
Selected response from:

Danielle Coleman
United Kingdom
Local time: 16:09
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1the other contracting party
Danielle Coleman
3 -1party to an assigned (or novated) joint-venture contract
Adrian MM.
Summary of reference entries provided
previous discussion
Yvonne Gallagher
assignor (cédant) and assigned co-contractor (cocontractant cédé)
SafeTex

  

Answers


19 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
the other contracting party


Explanation:
This has been looked at on proz before - see link. The problem is that there is no direct equivalent in English law to this term. But 'other contracting party' seems to be the best workaround.


    https://www.proz.com/kudoz/french-to-english/law-contracts/6582017-le-c%C3%A9d%C3%A9.html
Danielle Coleman
United Kingdom
Local time: 16:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Daryo
39 mins
neutral  AllegroTrans: what about "cédé"?
56 mins
  -> Yes - cédé is the part that is difficult to translate directly into English (see the discussion in the link)
neutral  Yvonne Gallagher: But if repeating a previous answer in its entirety as here the usual thing is just to give the link as a reference. //as a ref., as I've done below. However, if you have new/additional suggestions to make, by all means post another answer
1 hr
  -> I don't quite understand what you mean - in future should I not choose 'propose a translation' but some other option? Any advice gladly received.
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
party to an assigned (or novated) joint-venture contract


Explanation:
tentative full label: joint-venture partner left in a contract assignment or novation.

It is a bit surprising that previous ProZ discussions have not covered the differences between contract assignment, novation and factoring. Perhaps someone can explain why that is.

The term of contractant needs to be watched on the lines of contratante in ESP meaning an employer vs. the empresa contratada as the (corporate) contractors.

NB affirme > avers.... ('does aver' for Phil G.'s ref.)

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Note added at 5 hrs (2020-03-02 15:24:48 GMT)
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an vs. the *original* party > to anticipate and pre-empt any predictable objection to the source and target of the assignment or novation.

Example sentence(s):
  • débiteur cédé English translation: set-off or transferred debtor; pledged debtor (!) = outgoing debtor under a contract assignment or novation
  • Novation of contract is what happens when a new contract is substituted for an old one. There are three types of novation of contracts, with specific circumstances called for and outlined for each one.

    Reference: http://www.upcounsel.com/novation-of-contract
    Reference: http://www.proz.com/kudoz/french-to-english/real-estate/3161...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: where do you see that there MUST be some "joint venture" in this ST? All I can see is one party finding a third party to replace it, nothing specific about the type of contract.
5 days
  -> The joint venture is not the crux, but the points you fail to address of 1. novation and 2. subrogation vs. 3. assignment, besides which agreeing with half an answer - that is already 'virally embedded' in the ProZ glossaries - does you no credit.
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Reference comments


1 hr
Reference: previous discussion

Reference information:
https://www.proz.com/kudoz/french-to-english/law-contracts/6...

--------------------------------------------------
Note added at 2 hrs (2020-03-02 12:06:27 GMT)
--------------------------------------------------

Asker please check glossary before posting questions

Yvonne Gallagher
Ireland
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 47

Peer comments on this reference comment (and responses from the reference poster)
neutral  Daryo: even if previous answers are good ones (not always the case), that doesn't make them automatically the perfect answer for another similar question with possibly a different context.
5 days
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15 hrs
Reference: assignor (cédant) and assigned co-contractor (cocontractant cédé)

Reference information:
Hello
The reference below seems to support Adrien MM's suggestion albeit I find the terms used "inappropriate"


    https://www.morganlewis.com/pubs/contract-law-reform-part-two
SafeTex
France
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52
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