opposer

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

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

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: 04:17
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
United Kingdom
Local time: 09:17
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



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 invoked
MatthewLaSon
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: 09:17
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: 09:17
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
United Kingdom
Local time: 09:17
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  Bourth (X): 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 days 13 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: 04:17
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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