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convention essentielle

English translation: essential covenant

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13:59 Feb 18, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: convention essentielle
"De convention essentielle entre les associés, la société peut, à l'expiration d'un délai de six mois à compter du décès, intenter toute action appropriée devant la juridiction compétente du lieu d'ouverture de la succession pour obtenir qu'il soit procédé au partage de l'indivision". Is this a specific type of agreement or does it refer simply to the fact that shareholders agreement is required in order to bring proceedings. thanks.
Jane RM
France
Local time: 01:19
English translation:essential covenant
Explanation:
I have never seen the expression "Il est de convention essentielle" anywhere, and a Google search of it yields nothing. However, the surrounding context leads me to believe that the partners seek, by this clause, to stress that they agree that it is essential for them, as partners, to be able to have the partnership divided up if one of them dies, rather than to have to remain joint owners of the partnership together with the deceased's heirs or successors. Therefore, I would write:
"It is an essential covenant between the partners that the partnership may, upon expiry of a six-month time period following the death, (...)"
Selected response from:

Christian Robitaille
Canada
Local time: 18:19
Grading comment
thanks, i went with essential.
2 KudoZ points were awarded for this answer

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Summary of answers provided
4essential covenantChristian Robitaille
3in-principle agreement
B D Finch


  

Answers


2 days16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
essential covenant


Explanation:
I have never seen the expression "Il est de convention essentielle" anywhere, and a Google search of it yields nothing. However, the surrounding context leads me to believe that the partners seek, by this clause, to stress that they agree that it is essential for them, as partners, to be able to have the partnership divided up if one of them dies, rather than to have to remain joint owners of the partnership together with the deceased's heirs or successors. Therefore, I would write:
"It is an essential covenant between the partners that the partnership may, upon expiry of a six-month time period following the death, (...)"

Christian Robitaille
Canada
Local time: 18:19
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 34
Grading comment
thanks, i went with essential.
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18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
in-principle agreement


Explanation:
Or "agreement in principle".

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Note added at 5 days (2008-02-24 13:46:11 GMT)
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Having seen Christian's contribution, I now think that "essentielle" means basic or fundamental, so: "basic/fundamental agreement". Even though "de convention..." gets no ghits, it still makes sense: by basic agreement between ...

"A basic agreement is a written instrument of understanding, ... that (1) contains contract clauses applying to future contracts between the parties during ..."
www.arnet.gov/far/current/html/Subpart 16_7.html


B D Finch
France
Local time: 01:19
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 309
2 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?
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