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emettre des reserves
un phénomène migratoire...y recourir de plus en plus
Jun 20, 2008 12:33
15 yrs ago
7 viewers *
French term

emettre des reserves

French to English Law/Patents Law: Contract(s) dispute
Apologies for posting, withdrawing and reposting - I am a bit knotted up over this expression which I can't decide whether it has the conversational sense of "we have reservations" or the legal sense of "we are reserving our rights". The tone suggests the latter, but I keep going back and forth!

In a legal letter concerning a breach of contract, this expression comes up a couple of times:

"L’expérience de ces derniers jours nous conduit toutefois à ***émettre toutes réserves*** sur les conséquences éventuelles des conditions actuelles de reprise des dossiers."

"Par ailleurs, (other displeasing activities) peuvent, là encore, entraîner des conséquences négatives qui ne peuvent pas être aujourd’hui mesurées et sur lesquelles ***nous émettons également nos plus expresses réserves***.

Thanks for help clearing my mind!
Proposed translations (English)
4 +2 reserve our rights
4 to create provisions/reserves for/against
4 to make reservations
4 Emit reservations
4 See explanation

Discussion

Paul Tindall Jun 20, 2008:
If the breach is by wrongful termination, then surely it must be the legal and not the conv. sense. It's not that the injured party has reservations abt the other's conduct - it's warning them that it is not giving up any of legal rights/remedies.
Adam Lankamer Jun 20, 2008:
I though it was exactly the opposite ... my answer works only if the sender of the letter is in breach of the contract and tries to find a solution to the problem :-(
Melissa McMahon (asker) Jun 20, 2008:
I hope that's clear: the writer's contract was terminated in way they consider to be a "rupture abusive", and for various reasons they are "emitting their reserves".
Melissa McMahon (asker) Jun 20, 2008:
It's the recipient of the letter that the person "emitting reserves" considers to have breached the contract, by terminating it.
Adam Lankamer Jun 20, 2008:
could you tell us which party is in breach of the contract? the one speaking about "reserves/reservations" or the other? it's a key question to solve your riddle ;-)

Proposed translations

+2
25 mins
Selected

reserve our rights

I think it's your second, legal sense, because overall the message is that they can't assess their position on present information. I'm thinking especially of the reference to "conséquences négatives qui ne peuvent pas être aujourd’hui mesurées"
Peer comment(s):
agree John ANTHONY : Equally correct. I would choose/use either
9 mins
agree Nitin Goyal
58 mins
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks to all for helping me with the sense: this is the phrasing I went for. MM"
2 mins

to create provisions/reserves for/against

hth

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Note added at 13 mins (2008-06-20 12:46:21 GMT)
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when you become aware that future losses are more or less probable, you create provisions in a corresponding amount to reflect such future losses in your current accounts
Note from asker:
as in legal provisions? (what does hth stand for? I am not seeing obvious things tonight)
Peer comment(s):
neutral John ANTHONY : This seems to me to be more an accounting issue than a simple legal one...
13 mins
Something went wrong...
15 mins

to make reservations

To make reservations on a delivery, for instance. In this instance, it would also seem appropriate to use "to reserve our rights".

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Note added at 33 mins (2008-06-20 13:06:56 GMT)
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Yes, for instance if goods seem damaged, or missing, etc. However, in your document, I believe the same expression should be used: if one party does not fulfil its obligations, the other one makes reservations :-)
Note from asker:
yes, I saw this phrase in the delivery context, wasn't quite sure what it indicated: when you 'make reservations' on a delivery, are you checking all is in order or not committing until you check?
Something went wrong...
34 mins

Emit reservations

Read this from Google:

Patents Are An Economic Absurdity
... these conditions are clearly not present in the case of software patents, and
will even emit reservations as to their being gathered in other cases. ...
fare.tunes.org/articles/patents.html - 80k - Similar pages
Something went wrong...
40 mins

See explanation

In the first case, I would say : put forward our misgivings about... and for the second sentence : about which we have the utmost reservations.

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Note added at 1 heure (2008-06-20 13:38:22 GMT)
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Yes, I should have said in the first sentence and in the second sentence.
Note from asker:
You mean if the writer has committed the breach, first option, if the other party has, second option?
Sorry, you mean the different sentences...
Something went wrong...
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