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une mise en demeure d’exécution

Glossary entry

français term or phrase:

d’exécution restée sans effet

anglais translation:

(enforcement notice) has remained without effect

Added to glossary by Lara Barnett
Jun 14, 2014 21:01
9 yrs ago
25 viewers *
français term

d’exécution restée sans effet

français vers anglais Affaires / Finance Général / conversation / salutations / correspondance Contract between producer of Dolomite and supplier
This paragraph is from the article in a contract entitled "Early termination" (this is how I have translated the heading). Company X is being supplied the Dolomite for manufacturing. The context reads:

Article 8 - Résiliation anticipée

"Outre le cas prévu à l’article 9.5, chacune des parties aura la faculté de mettre fin anticipativement au présent contrat de plein droit en cas d’inexécution fautive par l’autre partie (c’est-à-dire les Fournisseurs ou [Company X] de l’une de ses obligations essentielles trente jours après la notification par lettre recommandée avec accusé de réception d’une mise en demeure d’exécution restée sans effet."

For the final part of this paragraph I have translated the section in question with two possible options. I believe that they may sound a bit clumsy. (I provide the full para. as I have moved the phrasing around.
Would either work? or is there a better suited term to use here?:

"Further to the case provided for in point 9.5, in the event that the other party (that is to say the Suppliers or [Company X]) has failed to comply with one of its key obligations, each party shall have the option to terminate this contract earlier by operation of law, using registered mail with proof of delivery, 30 days after notification of a formal notice **which has been neglected** [or] **which has remained ineffective.**"

Would either work? or is there a better suited term to use here?:
Proposed translations (anglais)
4 (enforcement notice) has remained without effect
2 +3 (formal notice) to comply that has remained unheeded
5 unsuccessful default notice

Discussion

Lara Barnett (asker) Jun 15, 2014:
@ Nikki Thanks for your extra comments. I understand all except 3. I see your point about the difference between possibility and certainty, but aren't all conditional phrases expressed with a certainty and a possibility?
Nikki Scott-Despaigne Jun 15, 2014:
de plein droit The standard legalese for this would be "de jure" (as a matter of law).
"Automatically" is too familiar for this type of context, particularly in view of the register of the French. However, "de jure" may be a little OTT.
I see nothing wrong with using "as a mater of law" or "by operation of law".
Daryo Jun 15, 2014:
"de plein droit" can be "by operation of law", and most often is - when some law is applied whether the involved party (ies) like(s) like it or not;
Here it's something agreed between the parties, not something imposed by law, so "automatically" would be better suited.
Nikki Scott-Despaigne Jun 15, 2014:
@Lara I think you might wish to consider rewording the whole paragraph. There are a couple of dodgy bits with possible contradictions.

1) Résilitation anticipée.

Given that a contract cannot be terminated after its due term, then you might like to consider “termination clause”. However, the French does of indicate that this section relates specifically to early termination, so it may be best to stick with that. Just a thought...

2) Article 9.5 = point 9.5?
Paragraph, section, but not “point”; never, in a contract!

3) In the event that… shall have the option = an impossibility, as “in the event” introduces possibility, “shall” introduces certainty. This makes this rendering awkward, even contradictory. This has to be rephrased.

4) “Notification of a formal notice” is a bit od to my English ears. It would be more usual to say “receipt of formal notice”. (You can be notified that a formal notice has been sent, yet not have received the formal notice, in which case you have not been notified! Do you see the problem?)
Claire Nolan Jun 14, 2014:
This should help: http://www.proz.com/kudoz/french_to_english/law:_contracts/4...
Lara Barnett (asker) Jun 14, 2014:
Term for translation: "restée sans effet"
Lara Barnett (asker) Jun 14, 2014:
@ Daryo Re Parsing: It must be both phrases, for this question I will use "restée sans effet", and I have posted another question for "mise en demeure d'execution", which is here: http://www.proz.com/kudoz/5585014

"de plein droit": I have found various kudoz entries using "by operation of law" for this translation.

Thank you for your help.
Daryo Jun 14, 2014:
parsing "d’exécution restée sans effet" is not one unit , it's two fragments belonging to two groups:

[une mise en demeure d’exécution] + [restée sans effet]

so there are potentially two questions:

1 -- une mise en demeure d’exécution

2 -- restée sans effet

which one is causing you troubles?

BTW as far as I remember "de plein droit" and "by operation of law" are not used in the same situation.
Evgeny Artemov (X) Jun 14, 2014:
Use "if" ...if notice requiring immediate performance/containing the requirement of immediate performance, sent by registered mail, with return receipt requested, remains ignored for 30 days.

Proposed translations

15 heures
français term (edited): ([mise en demeure] d’exécution) restée sans effet
Selected

(enforcement notice) has remained without effect

"to remain without effect" is aboslutely standard UK legalese.

As for the "mise en demeure d'exécution", then I quite like "default notice", as that is kind of what it boils down to and would certainly be sufficient. However, it is not spot on as the notice in question is actually about "exécution", thus about performance. In other words, this is not simply about formal notice that the default has been observed. It is a notice ordering X to give effect to "perform" one of the specific objects under the terms of the contract. Its object is to put the addressee on notice to perform one of his/her/its contractual obligations within a certain time limit, or else...!

I would consider describing this as an enforcement notice. (It's a bit like an injunction for specific performance). It is a standard part of the procedure in the chain along the road to termination and then an action for recovery.
Something went wrong...
4 KudoZ points awarded for this answer.
+3
1 heure

(formal notice) to comply that has remained unheeded

Peer comment(s):
agree rkillings
45 minutes
Thanks.
agree writeaway : that's the gist at any rate. this too is basic legalese
11 heures
Thanks.
agree Yvonne Gallagher : as in corresponding question; yes, formal notice was sent but has not been complied with
15 heures
Thanks.
Something went wrong...
15 heures

unsuccessful default notice

It simply means that the default notice didn't achieve the desired result
Something went wrong...
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