English term
against
I am translating Terms and conditions of sale.
Here comes this long sentence :
Nevertheless, the Buyer will be entitled to sell these objects to a third party within the framework of the normal carrying on of his business and to deliver them on condition, if the company so required, that the Buyer, as long as he has not fully discharged his debt to the Company, shall hand over to the Company the claims he has against the Buyer emanating from this transaction.
The Buyer shall hand over to the Company the claims he has against the Buyer...
Am I getting nuts or something is wrong here?
Je comprends que l'Acheteur remet à la Société les créances qu'il détient du fait de cette transaction (avec le tiers) mais que fait ce "against the Buyer" à la fin de la phrase ?
Merci pour votre aide.
4 | contre | Hervé Kpodékon Azifan |
PRO (2): AllegroTrans, Daryo
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Proposed translations
contre
Mets le bois contre le mur.
Il est contre l'indépendance
Discussion
the Buyer emanating from this transaction = the party that is "the Buyer" in this transaction
you could rephrase it in a way that is closer to "emanating":
the Buyer emanating from this transaction = the [third] party that emerges as "the (new/next) Buyer" once this transaction is completed.
Yes, it's the same word "Buyer", but it doesn't necessarily means that it's the same "Buyer".
"Nevertheless, the Buyer will be entitled to sell ..." it's about one of the parties in the present contract - the "Buyer" from the viewpoint of this present contract
vs
the Buyer emanating from this transaction is about a party that would be "the Buyer" NOT in the present contract but in a possible future transaction.
I don't see why it would be so surprising that in the same sentence the same word could refer to two different objects.
If you have in the same sentence a mention of a small tree and a tall tree, you won't assume it's the same tree?
Here: the Buyer (implicitly: in the present contract) and the one "emanating from this(/a future) transaction" are not the same.
Nevertheless, the Buyer will be entitled to sell these objects to a third party within the framework of the normal carrying on of his business and to deliver them on condition, if the company so required, that the Buyer, as long as he has not fully discharged his debt to the Company, shall hand over to the Company the claims he has against the Buyer emanating from this transaction.
the Buyer emanating from this transaction = the party that is "the Buyer" in this transaction
where "this transaction" is the one described at the beginnning of the sentence:
[the party that is] the Buyer [in the present contract] will be entitled to sell these objects to a third party
IOW it is clearly stated that "the Buyer emanating from this transaction" IS NOT the party called "Buyer" in the present contract (the one that is the ST to translate) but a third party that would be a possible "Buyer's Buyer".
Néanmoins, l’Acheteur aura le droit de vendre ces objets à un tiers dans le cours normal de ses activités, et de les livrer mais, si la Société y est tenue, à la condition que l’Acheteur, tant qu’il n’aura pas entièrement acquitté sa dette envers la Société, transporte à la Société toute créance [contre le tiers] découlant de cette transaction.
Perso, j'en glisserais un mot au client. Si le client ne réagit pas, je traduirais la fin de la phrase par: "...transporte à la Société toute créance découlant de cette transaction (= tout droit de l'Acheteur sur le paiement de l'objet vendu).