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encourt la nullité

English translation: is liable to be rendered void

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13:01 Feb 20, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: encourt la nullité
Mme X a été successivement licenciée et quasiment exclue du capital to YYY aux moyens d'une opération "accordéon" qui encourt la nullité sur le fondement de l'abus de majorité.

"incurs invalidity" sounds wrong to me. Is this simply sthg like "is vitiated"?
Mpoma
United Kingdom
Local time: 08:49
English translation:is liable to be rendered void
Explanation:
Just a guess really.

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Note added at 48 mins (2008-02-20 13:50:05 GMT)
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"Shall be/is to be rendered void", then, if it's a certainty.

--------------------------------------------------
Note added at 2 days22 hrs (2008-02-23 11:06:41 GMT)
--------------------------------------------------

I have seen references to "annulments" of shares, but I never came across "annulment of a transaction" whether recently or during my days of practising law - that doesn't make it wrong, just a bit unnatural. Also, I do not accept that the term "liable to a penalty, etc.", necessarily expresses a contingency or possibility only. For example, if the law says "this offence is liable to a penalty of five years imprisonment", that is what the offender is facing, even though the judge might reduce the sentence in a specific case. The law would look silly if that phrase meant something like "this offence might incur a penalty of five years imprisonment or maybe we'll just forget about it." However, if, in the context of this matter, you wish to remove all doubt as to what has been ruled, then you might say "shall be/is to be rendered void", as previously suggested. I am afraid "merits" does not ring true as legal language here.
Selected response from:

James Roberts
Local time: 08:49
Grading comment
OK, I'm convinced! Thanks
3 KudoZ points were awarded for this answer

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Summary of answers provided
3 +4is liable to be rendered voidJames Roberts
4 +1is voidableAttorney DC Bar
3may be cancelled
Valerie Scaletta
3is being voidedMatthewLaSon


Discussion entries: 7





  

Answers


30 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
may be cancelled


Explanation:
may be cancelled/annulled

Valerie Scaletta
Italy
Local time: 09:49
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
is voidable


Explanation:
'encourt' is not definite-- there is some doubt. Hence 'voidable' instead of 'void'.

Attorney DC Bar
Local time: 09:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 169
Notes to answerer
Asker: interesting... I disagree... I think "encourir" does not imply the possibility that the thing will not be cancelled/postponed/intercepted and defused... BUT... the main point about my question is that I'm looking for the neat, habitual English legal term which perfectly translates this idea... to clarify: I know what it means (subject to the question of how definite it is which to my surprise is in doubt...)

Asker: grrr... sorry that should have read "that the thing will be cancelled"...


Peer comments on this answer (and responses from the answerer)
agree  xxxAdrian MM.
2 hrs
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
is being voided


Explanation:
Hello,

"Encourir" has two different meanings

1) encourir = to run the risk of

2) encourir = to bring upon oneself/itself

If there is no idea of "possibility" here, then it means this "opération accordéon" IS BEING VOIDED (is now facing invalidation)

I guess you could also get away with saying "is being invalidated."

Really, though, it's that clear without having the entire context.

I hope this helps.


MatthewLaSon
Local time: 03:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314
Notes to answerer
Asker: the most obvious translation of "encourir" is of course "incur"... but in English legalese can you actually say "incurs annulment/invalidation/whatever"... I say not!

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18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
is liable to be rendered void


Explanation:
Just a guess really.

--------------------------------------------------
Note added at 48 mins (2008-02-20 13:50:05 GMT)
--------------------------------------------------

"Shall be/is to be rendered void", then, if it's a certainty.

--------------------------------------------------
Note added at 2 days22 hrs (2008-02-23 11:06:41 GMT)
--------------------------------------------------

I have seen references to "annulments" of shares, but I never came across "annulment of a transaction" whether recently or during my days of practising law - that doesn't make it wrong, just a bit unnatural. Also, I do not accept that the term "liable to a penalty, etc.", necessarily expresses a contingency or possibility only. For example, if the law says "this offence is liable to a penalty of five years imprisonment", that is what the offender is facing, even though the judge might reduce the sentence in a specific case. The law would look silly if that phrase meant something like "this offence might incur a penalty of five years imprisonment or maybe we'll just forget about it." However, if, in the context of this matter, you wish to remove all doubt as to what has been ruled, then you might say "shall be/is to be rendered void", as previously suggested. I am afraid "merits" does not ring true as legal language here.

James Roberts
Local time: 08:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 7
Grading comment
OK, I'm convinced! Thanks

Peer comments on this answer (and responses from the answerer)
agree  Victoria Burns:
1 hr
  -> Thanks

agree  AllegroTrans
3 hrs
  -> Thanks

agree  juliebarba: 'rendered void on the basis of...'
6 hrs
  -> Thanks

agree  B D Finch
22 hrs
  -> Thanks
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