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Moyennant

English translation: Subject to

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:Moyennant
English translation:Subject to
Entered by: liz askew
Options:
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- Include in personal glossary

21:56 Nov 1, 2007
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Freelance Agreement
French term or phrase: Moyennant
"Moyennant correcte et entière exécution des engagements de l'entreprise tels que repris à la présente convention, le designer lui cède ses droits patrimoniaus sur le ou les produits décrits pour une durée indéterminée, et pour le territoire du monde entier."

This is from a French contract where a company is hiring a designer to design something (not stated what the thing is) and the company is giving the designer the option of either relinquishing his rights to whatever it is he designs or holding industrial property rights.

I wonder whether "moyannant" actually means here "provided". I can't see it meaning "in return" or "by means of".

In addition to all the above, I believe this contract was probably originally in German as the client is a German company and the section on applicable law reads: "tout litige sera de la compétence exclusive des Tribunaux de l'arrondissement judiciaire de X" - obviously a translation of "Amtsgericht".
Stephen Gobin
United Kingdom
Local time: 19:59
Subject to
Explanation:
Possibly..
Selected response from:

liz askew
United Kingdom
Local time: 19:59
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +5Subject toliz askew
5 +2subject toPhilippe VIGNES
4 +2In consideration ofAttorney DC Bar
4 +1inasmuch askelime
4In exchange for
laenai
3 +1throughEtienne Muylle Wallace


Discussion entries: 1





  

Answers


3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
Subject to


Explanation:
Possibly..

liz askew
United Kingdom
Local time: 19:59
Native speaker of: Native in EnglishEnglish
PRO pts in category: 41
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  1045
3 hrs
  -> Thank you!

agree  xxxMichael H G
6 hrs
  -> Thank you!

agree  Carmen Schultz: actually this works quite well and the meaning gets across
9 hrs
  -> Yes, I thought so too, off the top of my head ! :)

agree  juliebarba: I see it more often in Belgian documents - subject to, based on, dependent upon
13 hrs
  -> Thank you!

agree  xxxACOZ
1 day2 hrs
  -> Thank you!
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8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
In exchange for


Explanation:
As found in my 'dictionnaire de l'anglais juridique' BMS 2004

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Note added at 12 mins (2007-11-01 22:08:15 GMT)
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I have also found 'depending on': http://www.wordreference.com/fren/moyennant

and: http://fr.wiktionary.org/wiki/moyennant - this would suggest a translation of something like 'thanks to' etc but in your context I like 'in exchange for'

laenai
United Kingdom
Local time: 19:59
Works in field
Native speaker of: Native in EnglishEnglish
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10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
inasmuch as


Explanation:
"moyennant" meaning"dans la mesure où" : inasmuch as

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Note added at 16 mins (2007-11-01 22:12:40 GMT)
--------------------------------------------------

you would have to add a verb : Inasmuch as correct and total... are fulfilled... (for instance)

kelime
France
Local time: 20:59
Native speaker of: Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
agree  1045
3 hrs
  -> thank you !
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18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
through


Explanation:
a simple proposal

Etienne Muylle Wallace
Spain
Local time: 20:59
Works in field
Native speaker of: Native in DutchDutch, Native in FrenchFrench
PRO pts in category: 6

Peer comments on this answer (and responses from the answerer)
neutral  Tony M: but that would change the sense, as you lose the sense of 'in exchange for'
11 mins

agree  Carmen Schultz: The meaning makes sense with through but I think by means of completes the idea better
9 hrs

neutral  writeaway: doesn't work here. through has little legal meaning here
14 hrs
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5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
subject to


Explanation:
dependent upon the occurrence of a future event. Must occur before a right accrues (condition precedent)






Philippe VIGNES
France
Local time: 20:59
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  xxxMichael H G
1 hr

neutral  Carmen Schultz: it works here but Liz beat you to it!
4 hrs

agree  liz askew: Thanks for the grammatical explanation :) or is legal?
5 hrs
  -> legal
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
In consideration of


Explanation:
It's the consideration clause, which spells out the consideration provided by each party to make this a K: in consideration of the company performing it's obligations under the K, the designer is assigning it his rights...

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Note added at 11 hrs (2007-11-02 09:32:23 GMT)
--------------------------------------------------

There still seems to be some confusion. Here's some dictionary support for "in consideration of"...Navarre's Dictionnaire Economique et Juridique: Moyennant: ... in consideration of...; Le Robert et Collins du Management: Moyennant: ... in return for... for a fee or a consideration...; Collins Robert French Dictionary: Moyennant: in return for.... moyennant finance: for a fee or a consideration: moyennant quoi: in return for which, in consideration of which; Harrap's Business Dictionary: "Moyennant": in return for....

Attorney DC Bar
Local time: 20:59
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 169

Peer comments on this answer (and responses from the answerer)
agree  Tony M: YES! That's exactly the term that has been going round the periphery of my mind, without my being able to grasp it! / Yes, it retains the same idea of some kind of 'exchange'
3 hrs
  -> In French you could also say "en contrepartie de". It means the same thing in this context as "moyennant".

disagree  Carmen Schultz: If that is the case, don't you think the text could just say "en considération de". I also think 'subject to" works much better and is more parallel as far as 'legalese' is concerned.
3 hrs
  -> Not really. That's not the term French contracts use. "Moyennant" is in fact the standard term for "In consideration of".

agree  writeaway: yes-the disagree is way out of line
9 hrs

agree  Wordwatcher: I agree with Writeaway. We seek not "legalese" but good quality legal English usage
1 day4 hrs
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Changes made by editors
Nov 15, 2007 - Changes made by liz askew:
Created KOG entryKudoZ term » KOG term


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