Glossary entry

français term or phrase:

redevances à échoir

anglais translation:

fees which will/would fall due (in future)

Added to glossary by Nathalie Stewart
Sep 27, 2017 16:47
6 yrs ago
16 viewers *
français term

redevances à échoir

français vers anglais Affaires / Finance Droit : contrat(s)
This is from a service and lease contract for equipment between two companies.

S’il est mis un terme au présent contrat aux torts du Client pour l’une des raisons évoqueées ci-dessus, ou si le contrat est résilié pour toute autre raison imputable au Client, celui-ci devra payer à XXX [company name] une indemnité de dédommagement égale aux deux tiers des redevances à échoir jusqu’à l’expiration du contrat si l’exécution de celui-ci s’était poursuivie normalement jusqu’à son terme, avec un minimum égal au loyer de deux années sans toutefois dépasser le total des redevances restantes.

If this contract is terminated due to fault on the part of the Client for any of the reasons mentioned above, or if the contract is terminated for any other reason imputable to the Client, the Client shall pay XXX [company name] an indemnity for damages equal to two-thirds of the fees falling due?? until the contract expiration even if the contract was performed normally until its end, with a minimum equal to two years of rent, without, however, exceeding the total of the remaining fees.

Not sure if they are equating when the contract is terminated (prematurely) due to the fault of the client (see first sentence above) with the expiration date, or if by expiration date they mean the original expiration date set forth in the contract.

Also, I translated "si" as "even if" here, since, as I understand it, the Client would be penalized even if the contract was performed normally until its end.

The target audience is US.

Thanks in advance.
Change log

Sep 28, 2017 18:29: Nathalie Stewart changed "Edited KOG entry" from "<a href="/profile/41756">Scott de Lesseps's</a> old entry - "redevances à échoir"" to ""fees which will/would fall due (in future)""

Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): writeaway, AllegroTrans

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Proposed translations

+3
14 minutes
Selected

fees which will/would fall due (in future)

à échoir = which will fall due (at the next due date)
vs.
échu = already due

https://www.bailtype.fr/guide/paiement-a-echoir-ou-a-terme-e...

So, in your example:
...redevances à échoir jusqu’à l’expiration du contrat si l’exécution de celui-ci s’était poursuivie normalement jusqu’à son terme

> fees which would fall due until the contract expiration date if the contract were performed normally until its end

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Note added at 1 day1 hr (2017-09-28 18:28:19 GMT) Post-grading
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You're most welcome!
Peer comment(s):

agree Tony M
1 heure
Thank you very much!
agree Nikki Scott-Despaigne : Way to go Nathalie: future, hypothetical, with an "if" so "would fall due" ("si ... s'était poursuivie"). Not "will".
5 heures
Thank you very much! Yes, the "will" would have been for "à échoir" just on its own. But here, with the rest of the sentence in hypothetical form, it has to be "would" of course.
agree Daryo : exactly that - fees covering the period after the cancellation up to the initially agreed date for ending the contract.
9 heures
Thank you very much!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "It makes sense now. It just took a little while for everything to click together. Daryo, I agree with your comment. Thanks, Nathalie, and thanks to everyone."
9 minutes

fees becoming due

https://www.aat.org.uk/refund-policy
​Student membership fees can only be refunded if requested within one month of the membership fee becoming due. However, if the student has in that time, ...

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Note added at 11 mins (2017-09-27 16:58:23 GMT)
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https://cdn.buildresources.co.uk/sites/670/docs/a_plain_engl...
Landlord' in this lease) and [name] (called 'the Tenant' in this lease). In the rest ... bound to pay notwithstanding any contract to the contrary. WHAT IT MEANS. 3.2. To pay all charges including taxes which become due for your flat (for example ...

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Note added at 12 mins (2017-09-27 16:59:39 GMT)
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oh,
perhaps you use "falling due" in the States??
Peer comment(s):

agree AllegroTrans : clearest and most unambiguous way to express this; virtually "boilerplate"
3 heures
disagree Daryo : not quite - it's about fees that are not yet due at the time of cancellation
9 heures
Something went wrong...
50 minutes

the fees remaining due

Given the way the whole extract it phrased, the way the tenses are used etc., I thnk this formulation makes for a nice easy read.

As for the "even if", I am less certain. As I read it, the phrase "...si l’exécution de celui-ci s’était poursuivie normalement jusqu’à son terme,..." is accurately rendered by "...if the contract were to continue through to its agreed term,...", or something to that effect. Thus no "even if" just an "if X were to + INF".

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Note added at 54 mins (2017-09-27 17:41:37 GMT)
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The use of "remaining" attaches the idea of the the present without losing anything of the fact that the fees are not yet paid. It avoid the rather awkward idea of what will be falling due, a little detached from the present, when the whole point is to present the as-and-now of it at a given date.

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Note added at 6 hrs (2017-09-27 22:50:05 GMT)
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Additional note.
Perhaps not that much difference between "bcoming due" and "remaining due".
I'm coming round to what I had more or less first ruled out, the conditional, as suggested by Nathalie Why? All to do with the "redevances à échoir...si l'exécution s'était poursuivie...". Don't see why I didn't see it before, particularly as I had agreed, in the body of my explanation, with Nathalie's reading of the "if clause".
Bref, I now think "would" is the only clear option here.

I think the "if" clause is the key : if the contract had been seen through the end.


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Note added at 6 hrs (2017-09-27 23:03:32 GMT)
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Maybe one or the other is possible,, the main thing being not to mix them up:

If the contract is terminated…, or if the contract is terminated for any other reason…, [the Client] shall pay X an indemnity … equal to two-thirds of :
either: the fees that would be due if the contract had continued…
or: the fees – ING due if the contract were to continue…
Peer comment(s):

neutral AllegroTrans : I read this to be future fees
2 heures
So do I. See add. note.
neutral writeaway : agree with AT. What about the à?
3 heures
See add. note. The future idea is already in the term "due" as soon as an ING form is used: remaining due, falling due, becoming due. The choice of vb will nuance the proximity in time. In any event, it must be read with the "if" clause that follows.
neutral Daryo : the fees that would become due if the contract had continued
8 heures
Something went wrong...
15 heures

fees due

my take
Something went wrong...

Reference comments

41 minutes
Reference:

Larousse Fr-En

échoir [eʃwar]
verbe intransitif
finance to fall due
intérêts à échoir accruing interest, interest falling due

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Note added at 43 mins (2017-09-27 17:30:08 GMT)
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redevance
nom féminin
télévision licence fee (UK)
télécommunications rental charge
commerce & finance [pour un service] dues, fees
[royalties] royalties
Peer comments on this reference comment:

agree AllegroTrans : pretty basic French
2 heures
That was my first reaction too
Something went wrong...
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