French: subrogerEnglish translation: assign (one's rights to) 
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French to English translations [PRO]
Law/Patents - Law: Contract(s) | | French term or phrase: subroger | "X demeure libre de céder à un tiers tout ou partie des droits et obligations résultants du présent contrat * et de l'y subroger * sous quelque forme et à quelque titre que ce soit."
I've broken this down where "l apostrophe" is the third party, "y" is the contract and subroger = to subsititue. But I don't understand the actual meaning.
Many thanks for your help. |
| | Clarification request(s) and responsewriteaway: 2:27pm Sep 4, 2006: you really should have waited or at least checked the glossary before you closed.
writeaway: 2:31pm Sep 4, 2006: http://www.proz.com/kudoz/28611
Sandra Petch: 7:28am Sep 5, 2006: To writeaway - 1) I did check the glossary and still needed help (cf my note to Yolanda)
2) Bourth's answer gave me the explanation I needed hence early closing of my question
Sandra Petch: 2:14pm Sep 6, 2006: Coming back to this as I check my work... - The clause in full: "X demeure libre de céder à un tiers tout ou partie des droits et obligations résultants du présent contrat et de l'y subroger sous quelque forme et à quelque titre que ce soit."
I believe "céder" is assign rights in which case "subroger" would be subrogate. Is that correct?
writeaway: 2:25pm Sep 6, 2006: then subroger could be delegate in this context
writeaway: 2:31pm Sep 6, 2006: talking to a translator-lawyer it can depend on the type of contract. If it is insurance, then it can be subrogate.
Sandra Petch: 2:37pm Sep 6, 2006: Thanks writeaway - It's a contract between a composer and a music publisher. I'm still unsure how to handle the "l'y" part of the phrase... subrogate a third party to the contract? All help much appreciated!
Sandra Petch: 7:27am Sep 7, 2006: Having spoken to the lawyer who drafted the contract - "subroger" is used here in its meaning of subrogate i.e. the third party will stand in for the original party to the contract. He agreed there was a certain "redondance" with "céder les droits et les obligations." So I am sticking to my original choice of "subrogate"!
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| | subrogate | Explanation:
definition of subrogate - Take over a legal claim or right against a third party from another party who previously owned that right or claim.
www.investorwords.com/4799/subrogate.html
So it means that the original party to the contract can have another party perform its own duties under any contractual arrangement it chooses: it can withdraw totally from the operation; it can remain in charge but subcontract the work, etc. |
| Selected response from:
Bourth
France
| Note from asker to answererBending the Kudoz 24-hour rule... thank you Bourth, it's perfectly clear now!
4 KudoZ points were awarded for this answer |
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The translation workplace 
peer agreement (net): +2