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opposer

English translation: the party that has been notified of the occurrence of force majeure

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:opposer
English translation:the party that has been notified of the occurrence of force majeure
Entered by: Jeanne Zang
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16:33 Jul 2, 2007
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: opposer
I have read the other entries on this term, but I am not sure if they apply in this case. I am not exactly sure what this word means in the following context. This is from a force majeure clause in a subcontracting agreement.

Dans le cas où l’événement qui donne lieu au cas de force majeure se prolonge pendant plus d’un mois, la partie à laquelle le cas de force majeure est opposé pourra résilier de plein droit le Contrat sans indemnité.
Jeanne Zang
United States
Local time: 23:33
the party that has been notified of the occurrence of force majeure
Explanation:
PLEASE, everyone, correct me if I am wrong, but I have the impression that both the previous answerers have incorrectly identified "la partie" in question here.

"la partie à laquelle le cas de force majeure est opposé..." I take this to mean that Party A has experienced (or undergone, or been affected by) a situation beyond its control. Party A then notifies Party B of the "cas de force majeure", thus advising that Party A will be unable to fulfil some or all of its contractual obligations due to the situation. It is then Party B (à qui le cas de force majeure est opposé) which has the right to terminate the contract (because the contractual obligations are no longer being honoured).

As I understand it then, this particular clause means that even if Party A pleads Force Majeure, Party B only has to put up with the situation for one month. It is a protection for Party B.

It may be that there is a better way to word the answer, but I wanted to check that we weren't all leading Jeanne up the garden path here...
Selected response from:

Philip Watterson
France
Local time: 05:33
Grading comment
This was my initial thinking on the matter. It seems to be the most logical interpretation.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2the party that has been notified of the occurrence of force majeure
Philip Watterson
4affected
Kristina Kolic
3 +1The party against whom a Force Majeure event has been invokedMatthewLaSon
4 -1experiencing, undergoing...
Graham macLachlan


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
affected


Explanation:
should be read, as follows:
the party affected by an event of Force Majeure will...

Kristina Kolic
Croatia
Local time: 05:33
Specializes in field
Native speaker of: Native in CroatianCroatian
PRO pts in category: 1

Peer comments on this answer (and responses from the answerer)
agree  Graham macLachlan
3 hrs

disagree  Philip Watterson: I think it's the opposite, not the party who is affected but the other
3 hrs
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
experiencing, undergoing...


Explanation:
+/- = the party experiencing force majeure for more than one month may terminate the contract without paying compensation

OPPOSER
(poser en obstacle) to put up [résistance, argument];
opposer un refus à qn = to refuse sb;
opposer son veto à qch = to veto sth;
opposer un démenti à qch = to deny sth

la partie à laquelle le cas de force majeure est opposé... =
le cas de force majeure est opposé à la partie [qui] pourra résilier ... le Contrat



--------------------------------------------------
Note added at 3 hrs (2007-07-02 19:40:56 GMT)
--------------------------------------------------

the party subject to force majeure...

Within twenty-four hours of the event or act occurring the party subject to force majeure shall forthwith inform the other by email or in writing of the ...
www.cadverter.com/docs/tandc.htm

If either of the PARTIES is subject to force majeure causing or resulting in ... subject PARTY shall provide the other PARTY with a notice within 72 hours ...
www.afpc-sy.com/Standard Terms & Conditions.doc

Graham macLachlan
Local time: 05:33
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39

Peer comments on this answer (and responses from the answerer)
disagree  Philip Watterson: I think it's the opposite, not the party who is experiencing the situation but the other
21 mins
  -> you may be right
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
la partie à laquelle le cas de force majeure est opposé
the party that has been notified of the occurrence of force majeure


Explanation:
PLEASE, everyone, correct me if I am wrong, but I have the impression that both the previous answerers have incorrectly identified "la partie" in question here.

"la partie à laquelle le cas de force majeure est opposé..." I take this to mean that Party A has experienced (or undergone, or been affected by) a situation beyond its control. Party A then notifies Party B of the "cas de force majeure", thus advising that Party A will be unable to fulfil some or all of its contractual obligations due to the situation. It is then Party B (à qui le cas de force majeure est opposé) which has the right to terminate the contract (because the contractual obligations are no longer being honoured).

As I understand it then, this particular clause means that even if Party A pleads Force Majeure, Party B only has to put up with the situation for one month. It is a protection for Party B.

It may be that there is a better way to word the answer, but I wanted to check that we weren't all leading Jeanne up the garden path here...

Philip Watterson
France
Local time: 05:33
Specializes in field
Native speaker of: English
PRO pts in category: 8
Grading comment
This was my initial thinking on the matter. It seems to be the most logical interpretation.

Peer comments on this answer (and responses from the answerer)
agree  xxxBourth: That's how I see it.
58 mins
  -> Thanks!

agree  James Langridge: In any case, contra proferentem rules means that if ambiguous, it would be construed against the party which imposed its inclusion in the contract i.e. probably Party A.
1 hr
  -> Thanks!
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2 days13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
The party against whom a Force Majeure event has been invoked


Explanation:
Hello,

This how I understand it.

est opposé à = has been invoked against

The French word "invoquer" would make for a perfect synonym here.

I hope this helps.

MatthewLaSon
Local time: 23:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314

Peer comments on this answer (and responses from the answerer)
agree  Philip Watterson: This sums up what I was trying to get at, and probably words it a little more neatly than my answer
6 hrs
  -> Thanks, Philip! I appreciate your comment.
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