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reconnaissance préjudiciable

English translation: admission prejudicial to our own interest

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:reconnaissance préjudiciable
English translation:admission prejudicial to our own interest
Entered by: Stephanie Mitchel
Options:
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16:52 Jan 19, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s) / commercial lease
French term or phrase: reconnaissance préjudiciable
I see that there is one glossary entry for this but it's not working for me. I understand this to mean that the information the property managers are giving to the lessee does not constitute a promise, but I would like to know if there's a set English phrasing:

"L'acte d'acquisition n'ayant pas encore été signé et le transfert de propriété n'ayant pas encore eu lieu, vous comprendrez que la présente vous est adressée avec les réserves d'usage et sans aucune reconnaissance préjudiciable."

Many thanks in advance -
Stephanie Mitchel
United States
Local time: 22:42
and contains no admission prejudicial to our own interest
Explanation:
'Reconnaissance' being the admission of some fact which could prejudice the property management company. 'Prejudicial admission' alone could also work, although it does seem to generally be followed by 'of evidence', and this isn't about the admissibility of evidence, but rather the admission a fact that could later serve as a basis for a claim.
Selected response from:

Attorney DC Bar
Local time: 04:42
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4and contains no admission prejudicial to our own interestAttorney DC Bar
4without prejudice
anne wagner-findeisen
4 -1detrimental acknowledgement
Chris Hall
3 -1on a no-obligation basis; (UK conveyancing) 'contract denied'xxxAdrian MM.


Discussion entries: 11





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
detrimental acknowledgement


Explanation:
detrimental is definitely correct, not 100% sure whether acknowledgement is correct. Sounds better than the alternative (recognition) though.

Chris Hall
United Kingdom
Local time: 03:42
Specializes in field
Native speaker of: English
PRO pts in category: 59

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: any refs to back detrimental?
20 mins

disagree  Attorney DC Bar: Why is detrimental 'definitely correct', and how can it be unless one knows how to translate 'reconnaissance', i.e. the whole headline phrase?
3 hrs
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
sans aucune reconnaissance préjudiciable
on a no-obligation basis; (UK conveyancing) 'contract denied'


Explanation:
Should include the whole phrase as dramatically changes or even reverses the meaning.

IATE:

FR sans préjudice à l'égard de la responsabilité
sans aucune reconnaissance préjudiciable à l'égard de la responsabilité
EN without any prejudice as regards liability


FR sans reconnaissance préjudiciable aucune de notre part
EN without any acknowledgment prejudicial to our interests



Example sentence(s):
  • you our offering and cost structure on a no obligation basis. To arrange a meeting with a member of our VAT. group, on a no obligation basis, either: ...

    Reference: http://www.horwathcw.com/hwClarkWhitehill/WhatsNew/Publicati...
xxxAdrian MM.
Local time: 04:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 348

Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: "on a no obligation basis" works if you are offering to meet with someone who's afraid they may end up owing you something, but here, what the syndic is saying, is "Nothing in this letter can ever be used against me in a court of law." i.e. magic words.
12 hrs
  -> But are you also disagreeing with afindei's 'without prejudice' - which, again, means no-use of the doc. in litigation. Surely, you have studied the law of evidence. Also, the questioner adds the no-promise interpretation.
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
without prejudice


Explanation:
the way it is used here does not require acknowledgment, it is simply stated to be "without prejudice"

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Note added at 13 hrs (2008-01-20 06:04:59 GMT)
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See for example a coherent explanation of this usage as discussed in http://www.duhaime.org/LegalDictionary/W/Withoutprejudice.as...


    Reference: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celex...
anne wagner-findeisen
United States
Local time: 22:42
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 4
4 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?

Peer comments on this answer (and responses from the answerer)
agree  Kpy: Exactly
9 mins

neutral  liz askew: This certainly rings a bell from when I typed legal letters, but I never knew the French equivalent.
32 mins

disagree  Attorney DC Bar: The French equivalent of 'without prejudice' is 'sous toutes reserves' which is already here with the 'avec les reserves d'usage' that directly precedes the headline French phrase. See also the definition of 'without prejudice' in Black's Law Dictionary.
1 hr
  -> I would just point out that "sous toutes reserves" is "subject to any or all reservations" and is a different concept than prejudice
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21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
and contains no admission prejudicial to our own interest


Explanation:
'Reconnaissance' being the admission of some fact which could prejudice the property management company. 'Prejudicial admission' alone could also work, although it does seem to generally be followed by 'of evidence', and this isn't about the admissibility of evidence, but rather the admission a fact that could later serve as a basis for a claim.

Example sentence(s):
  • 1) The Licensor shall have sole conduct and control of any claim arising and that the Licensee makes no admission prejudicial to the Licensor's interest

    Reference: http://209.85.207.104/search?q=cache:pHK9dpmKUGsJ:www.chezno...
Attorney DC Bar
Local time: 04:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 169

Peer comments on this answer (and responses from the answerer)
neutral  xxxAdrian MM.: Your quote actually reverses the concept of Tenant's 'denial of the Landlord's title'. The Landlords are not denying own title: *Licensee* makes no admission prejudicial to *Licensor's* interest = Prejudicial to interest is shorthand for denial of title.
18 hrs
  -> You've lost me, Tom. What makes you think anybody is 'denying' anybody's title?
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