Dec 3, 2022 10:27
1 yr ago
40 viewers *
français term
oppose un refus de participation
français vers anglais
Affaires / Finance
Entreprise / commerce
Vehicle rental contract
This is a set of circumstances in which the hirer of a vehicle must pay for any breakdown out of his own pocket:
- un défaut d'entretien et/ou de maintien du niveau des fluides est constaté
- un cas d'utilisation non conforme du Véhicule, tel que spécifié à l'article 13.1 du Contrat, est relevé
- le constructeur oppose un refus de participation du fait des manquements précités ou des exclusions définies par ce dernier
"...oppose un refus de participation" seems a strange construction. Any suggestions?
- un défaut d'entretien et/ou de maintien du niveau des fluides est constaté
- un cas d'utilisation non conforme du Véhicule, tel que spécifié à l'article 13.1 du Contrat, est relevé
- le constructeur oppose un refus de participation du fait des manquements précités ou des exclusions définies par ce dernier
"...oppose un refus de participation" seems a strange construction. Any suggestions?
Proposed translations
(anglais)
Proposed translations
+2
4 heures
Selected
refuses to contribute to the costs
The manufacturer will not accept any financial responsibility.
Peer comment(s):
agree |
SafeTex
13 heures
|
agree |
James A. Walsh
18 heures
|
agree |
Eliza Hall
: That works.
1 jour 50 minutes
|
disagree |
Francois Boye
: you did not translate the verb 'oppose'
1 jour 6 heures
|
4 KudoZ points awarded for this answer.
2 heures
français term (edited):
opposer un refus de participation
formally object ('demur') to making a contribution
Notes:
1. has come before on ProZ and not really bizarre as per discussion entries, though does sound odd, literally in English. '...the manufacturer is refusing to refuse to cover the costs! ...' - the constructor is not relying on anyone else's refusal, but its own.
2. opposer ought to trigger a Lord Denning-spawned species of 'estoppel', contractual, promissory or equitable ('in pais).
3. a plain-vanilla 'rejection', as in the first example sentence, skirts around the procedural aspect of the 'estoppel' pleaded by the constructeur, rather than the lessor or owner.
4. set up is - used to be - a stock UK notarial rendering for opposer cf. raise a defence; plead (in defence) reply; *object*; set up (against); also, opposer un acte: rely on a document made by the other party, FHS Bridge.
5. 'A new formal objections process has been introduced under which a person who has been required to pay a development contribution can object...'
6. Compare and contrast a demurrer (a procedural objection) and, as some ProZ regulars might be aware of from my previous intimations, a favourite at the Bar of E&W: 'Definition: a pleading that admits an opponent's point but denies that it is a relevant or valid.'
1. has come before on ProZ and not really bizarre as per discussion entries, though does sound odd, literally in English. '...the manufacturer is refusing to refuse to cover the costs! ...' - the constructor is not relying on anyone else's refusal, but its own.
2. opposer ought to trigger a Lord Denning-spawned species of 'estoppel', contractual, promissory or equitable ('in pais).
3. a plain-vanilla 'rejection', as in the first example sentence, skirts around the procedural aspect of the 'estoppel' pleaded by the constructeur, rather than the lessor or owner.
4. set up is - used to be - a stock UK notarial rendering for opposer cf. raise a defence; plead (in defence) reply; *object*; set up (against); also, opposer un acte: rely on a document made by the other party, FHS Bridge.
5. 'A new formal objections process has been introduced under which a person who has been required to pay a development contribution can object...'
6. Compare and contrast a demurrer (a procedural objection) and, as some ProZ regulars might be aware of from my previous intimations, a favourite at the Bar of E&W: 'Definition: a pleading that admits an opponent's point but denies that it is a relevant or valid.'
Example sentence:
ProZ: Opposer un refus pour non-acceptation ou non-paiement English translation: reject for non acceptance or nonpayment
IATE: fr refus fondé sur une opposition COM en refusal based on an opposition (?)
Reference:
http://www.lawinsider.com/clause/refusal-to-make-payment
http://www.proz.com/kudoz/french-to-spanish/law-general/4135265-opposer-un-refus-de-garantie.html
Note from asker:
Thanks. I cannot say that I was reminded of estoppel or of my late uncle Denning however... |
3 heures
declares that it refuses any [financial] participation
I'm assuming that the "le constructeur oppose..." phrase appears in the text as shown in AT's post. In other words, either it's in a list of bullet points, or it's in a list of items that AT helpfully broke into bullet points to make his post more readable.
Assuming that's the case, this phrase is the third example of a situation in which the hirer of the vehicle must pay for any breakdown out of his own pocket. So, it means that if the manufacturer ("constructeur") refuses to pay for repairs as a result of either of the two preceding situations or due to the exclusions, then the hirer of the car must pay for those repairs.
So we'd just use the present indicative, as in the other two examples.
And "oppose un refus" is just a legalistic way to say formally reject or object, declare a refusal, etc. It means officially or formally saying no.
So: "the manufacturer declares that it refuses any [financial] participation as a result of the aforementioned omissions or of the exclusions defined by it" [or "by the latter"].
Assuming that's the case, this phrase is the third example of a situation in which the hirer of the vehicle must pay for any breakdown out of his own pocket. So, it means that if the manufacturer ("constructeur") refuses to pay for repairs as a result of either of the two preceding situations or due to the exclusions, then the hirer of the car must pay for those repairs.
So we'd just use the present indicative, as in the other two examples.
And "oppose un refus" is just a legalistic way to say formally reject or object, declare a refusal, etc. It means officially or formally saying no.
So: "the manufacturer declares that it refuses any [financial] participation as a result of the aforementioned omissions or of the exclusions defined by it" [or "by the latter"].
Note from asker:
Thanks, but I'm not too happy with "declare" -a refusal is simply a refusal |
Peer comment(s):
neutral |
ormiston
: In normal English you refuse TO or you refuse AN offer. But if you refuse a participation it impies thanks for offering, but no thanks'
5 minutes
|
disagree |
Mpoma
: I think I may see the point you're making re the indicative ... and also "shall" has a specific role in contractual documents. But there is no hint of "declare" in the ST.
31 minutes
|
There's also no direct way to say in EN that you "oppose un refus" :) FR is more abstract, EN is more concrete. "Declare" is a way of conveying the formality of "oppose un..."
|
|
agree |
Jennifer Levey
: Yes - because the 'circumstance' would only exist if the manufacturer did in fact state (declare, inform, notify, ...) that it was refusing to contribute for the motives mentioned.
1 heure
|
Exactly. Thanks.
|
+1
1 heure
shall refuse any financial contribution
See discussion.
Yes, slightly odd use of oppose, but the context pretty much seems to dictate the interpretation. One meaning of opposer being "raise (an objection)", as you know.
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Note added at 4 hrs (2022-12-03 14:51:17 GMT)
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In light of Eliza Hall's answer, it may (possibly) be better to say "will refuse...". The imperative "shall" of contractual documents should probably only be applied to the parties to the contract.
It is not impossible that the manufacturer is in fact a party to this rental agreement, but this seems unlikely.
Yes, slightly odd use of oppose, but the context pretty much seems to dictate the interpretation. One meaning of opposer being "raise (an objection)", as you know.
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Note added at 4 hrs (2022-12-03 14:51:17 GMT)
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In light of Eliza Hall's answer, it may (possibly) be better to say "will refuse...". The imperative "shall" of contractual documents should probably only be applied to the parties to the contract.
It is not impossible that the manufacturer is in fact a party to this rental agreement, but this seems unlikely.
Peer comment(s):
agree |
Jennifer Levey
: OK, but to fit the paragraph structure (list of circumstances, not what 'parties shall do') it would need to be (+/-): where/in the event that the manufacturer refuses/declines to make any financial contribution ...
22 minutes
|
disagree |
Eliza Hall
: If the phrase appears as shown in AT's original post, then I disagree with this translation. See my proposed translation for an explanation as to why.
2 heures
|
On reflection I think "shall" isn't so good. Indicative is possible but "simple future" ("will") works fine too, when referring to a possible future event.
|
|
agree |
Andrew Bramhall
: Shsll refuse to make, yes;
10 heures
|
7 heures
refuses to contribute to damages
...
Note from asker:
Thanks but "damages" diesn't appear anywhere in this section of my document |
Discussion
And that's why it isn't "shall."
The hirer must pay...
3° proposition (lorsque) le constructeur oppose un refus de participation
"Shall" does not work here as it's an obligation of sorts and the manufacturer is not obliged to refuse.
That's mainly the reason why "shall" is causing so much doubt
Bridge (who else?) has a few expressions which might surprise: "opposer un acte" is "rely on a document", but also the def. includes "set up (against)" which seems pertinent here.
https://dictionnaire.reverso.net/francais-synonymes/opposer ...