This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
pavé numérique
par un approvisionnement...en coûts
May 1, 2009 12:32
15 yrs ago
2 viewers *
French term

... je ne pourrai me prévaloir de la condition suspensive de son obtention

French to English Law/Patents Law: Contract(s) Real Estate
Term: me pr�valoir de

... si je recours n�anmoins � un pr�t, je ne pourrai me pr�valoir de la condition suspensive de son obtention pr�vue par chapitre II...
Proposed translations (English)
5 +2 rely upon the condition precedent
4 +2 I will be unable to invoke the condition precedent of obtaining that loan
4 I won't be able to invoke the suspensive condition of obtaining it (the loan)
4 -1 I shall not be able to avail myself of the condition precedent IN obtaining
Change log

May 2, 2009 08:17: Tony M changed "Field (specific)" from "Construction / Civil Engineering" to "Law: Contract(s)"

May 2, 2009 21:22: Yolanda Broad changed "Term asked" from "... je ne pourrai me pr�valoir de la condition suspensive de son obtention" to "... je ne pourrai me prévaloir de la condition suspensive de son obtention"

Discussion

MatthewLaSon May 1, 2009:
Thanks for discussing You said: "the loan, that to me completely changes the meaning, making it seem as if the condition precedent is in some way involved in the obtaining of the loan (which is certainly not the case)" Now, taking that into consideration "avail myself of the condition precedent in obtaining" would not be mistaken to mean the opposite.<br><br>Perhaps, "upon obtaining it" would work well
Nikki Scott-Despaigne May 1, 2009:
Condition precedent It is "of". The whole things hangs on the guy being able to get the loan. The deal is in suspended animation if and until the loan is granted. A whole host of other terms are generally thrown in there, for example that the loan has to be obtained within a certain time limit. This tool exists in order to make certain commercial deals possible of course, without which there would be claims for breach of contract all over the show!
Tony M May 1, 2009:
It depends... ...a bit just how you continue the sentence, of course, but I still can't see how it can work using 'in':

"...I shall not be able to avail myself of the condition precedent in obtaining the loan..."???

The condition precedent consists of successfully obtaining the loan.

Sorry, just don't see how that can work?
MatthewLaSon May 1, 2009:
Thank you, Tony! But the "in" would not cause any confusion because you wouldn't "avail yourself" of the condition precedent in order to receive a loan. That wouldn't make any sense. So, your intepretation of the meaning, which I believe is correct, would be the one that would clearly come across to readers of this translation (who will be, I imagine, knowledgeable with this kind of terminology).
Tony M May 1, 2009:
Explaining my P/C to Matt... As I have always understood this clause, it means that if you turn out to be unable to get a loan (having originally said you weren't going to be using one), you can't then use this failure in order to get out of the sale. There is a standard 'get-out' clause (which is what the condition precedent refers to) that says that you can be released from the commitment to the purchasee if your loan is refused — as long as you had declared you were intending to get one.

So the condition precedent is 'being granted the loan'; and the sale is conditional on this happening.

Now if one tries to say "...to avail myself of the condition precedent IN obtaining..." the loan, that to me completely changes the meaning, making it seem as if the condition precedent is in some way involved in the obtaining of the loan (which is certainly not the case).

Is that any clearer now?

Proposed translations

+2
47 mins
French term (edited): pouvoir prévaloir de la condition suspensive
Selected

rely upon the condition precedent

.. si je recours néanmoins à un prêt, je ne pourrai me prévaloir de la condition suspensive de son obtention prévue par chapitre II...

… if I do never the less take out a loan, I will not be able to rely upon the condition precedent [relating to the granting of] / required to obtain the loan as set out in Section II…

Recourir à, avoir recours à : call upon, make use of, have need of…
Se prévaloir de : rely upon, invoke…
Condition suspensive : condition precedent
Prévoir : provide (for) [legal], set out in/under,



--------------------------------------------------
Note added at 48 mins (2009-05-01 13:21:17 GMT)
--------------------------------------------------

OR ...satisfy the requirements of the condition precedent...
OR ... comply with ...



--------------------------------------------------
Note added at 1 hr (2009-05-01 14:03:54 GMT)
--------------------------------------------------

Note in reply to iqcservices.
1 - Condition suspensive :
http://www.paris.notaires.fr/art.php?cID=183&nID=369

CONDITION SUSPENSIVE : Evénement futur et incertain qui suspend la naissance du contrat.



2 - Condition precedent :
http://dictionary.law.com/definition2.asp?selected=280&bold=
condition precedent : n. 1) in a contract, an event which must take place before a party to a contract must perform or do their part. 2) in a deed to real property, an event which has to occur before the title (or other right) to the property will actually be in the name of the party receiving title. Examples: if the ship makes it to port, the buyer agrees to pay for the freight on the ship and unload it; when daughter Gracella marries she shall then have full title to the property.



--------------------------------------------------
Note added at 10 hrs (2009-05-01 22:44:20 GMT)
--------------------------------------------------

I go along with JBC's reading, viz, that based on the info provided by the Asker, the condition precedent to the contract being able to come off is the fact of being able to obtain the loan.
Might be nice to have the sentence before and the extract for a fuller picture.
Peer comment(s):
neutral JAN SNAUWAERT : suspensive condition: why on Earth change that into "precedent condition"?
18 mins
See additional note I am going to post in a couple of minutes...it is not "precedent condtion" in English, but "condition precedent". This does not represent a change, but the correct translation of the French original.
agree Tony M : Yes for 'condition precedent', though I rather feel 'rely on' sits less comfortably in the particular context of this kind of contract.
1 hr
agree cmwilliams (X)
3 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
35 mins
French term (edited): ... je ne pourrai me pr�valoir de la condition suspensive de son obtention

I won't be able to invoke the suspensive condition of obtaining it (the loan)

imo
Peer comment(s):
neutral writeaway : wrong term-literal won't work here . check the En-Nl dictionaries
20 hrs
thanks
Something went wrong...
+2
45 mins
French term (edited): ... je ne pourrai me pr�valoir de la condition suspensive de son obtention

I will be unable to invoke the condition precedent of obtaining that loan

The correct term is "condition precedent " (see Grand Dictionnaire Terminologique for confirmation) not "suspensive condition", although the latter does crop up quite frequently.
Peer comment(s):
neutral JAN SNAUWAERT : Again; suspensive condition: why on Earth change that into "precedent condition"?
20 mins
agree Tony M : I think the use of 'invoke' is ideal here; and 'condition precedent' is certainly the correct formal term
1 hr
agree cmwilliams (X)
3 hrs
Something went wrong...
-1
6 hrs
French term (edited): ... je ne pourrai me pr�valoir de la condition suspensive de son obtention

I shall not be able to avail myself of the condition precedent IN obtaining

Hello,

Sorry, I left out "shall not be able to" in my last answer.

--------------------------------------------------
Note added at 8 hrs (2009-05-01 21:12:09 GMT)
--------------------------------------------------

Explanation to Tony in the Discussin Entry.

--------------------------------------------------
Note added at 9 hrs (2009-05-01 22:01:19 GMT)
--------------------------------------------------

or "UPON obtaining"
Peer comment(s):
disagree Tony M : But Matt, using 'in' makes it sound as if your are going to use the 'condition precedent' to obtain the loan, which is in fact the reverse of the case! / Please see 'Discussion' comments above
3 mins
Tony, I don't understand your comment. I hope you do. Are you on a "disagreeing" run today? LOL
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search