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  3. Law: Contract(s)

diviser ses recours

English translation: to claim proportionately

14:06 Feb 13, 2009
French to English translations [PRO]
Bus/Financial - Law: Contract(s)
French term or phrase: diviser ses recours
"Il est précisé que les engagements des Garants, qui interviennent conjointement, mais sans solidarité entre eux, sont pris à concurrence du pourcentage indiqué ci-après, à charge pour X [holding company] de diviser ses recours."

This is from a capital contribution agreement.
Apologies if this is something obvious, but I don't understand "diviser ses recours" here. There are several hundred google hits for the phrase "diviser ses recours" (http://www.google.ie/search?source=ig&hl=en&rlz=&q="diviser ... but I'm still unsure what it means. Anyone able to help?
Philip Taylor
Local time: 16:19
English translation:to claim proportionately
Explanation:
As explained by Aude.

"12 Apr 2005 ... The state's insurers sustained a major setback on their biggest issue ... damage claim proportionately between the two types of insurance, ..."
www.penningtonlaw.com/news_detail.asp?article_id=125 - 18k

"How You Do Update Your Claim Basics. ... Let's say, you've recently purchased a couple of personal insurance policies ... must share the claims proportionately. ... per contract) in case of personal accident and life insurance policies. ..."
ezinearticles.com/?How-You-Do-Update-Your-ClaimBasics&id=970741



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Note added at 5 days (2009-02-18 14:44:46 GMT) Post-grading
--------------------------------------------------

Thanks for the points. However, see my discussion note. In view of the doubt over interpretation and the complexity of the law involved, I do not want to gloss this as I am by no means certain that my interpretation is the correct one.
Selected response from:

B D Finch
France
Local time: 17:19
Grading comment
Still unsure but am being asked to grade. Tending towards this answer at the moment. Surprisingly few prozians willing to agree one way or the other, which is a sign of the difficulty here I think. Thanks for both answers.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1to claim proportionately
B D Finch
4(leaving X to pay up in full whilst) looking to recover parts of its own claim
Adrian MM. (X)


Discussion entries: 5





  

Answers


1 day 18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(leaving X to pay up in full whilst) looking to recover parts of its own claim


Explanation:
The asker hasn't yet explained whether X is a corporate debtor, creditor or guarantor.

On the assumption that X is one of the Guarantors then, if able to plead the 'exception' (defence) of division of the debt to make its co-guarantors jointly liable, then it will have to bear the whole of the guaranteed debt - my spin on this is the opposite of Aude's - and 'carve up' its own debt into parts to be paid by each of the others.





Example sentence(s):
  • This article looks at the *droit de division* and, in particular, ... pour toute la dette, il oppose l’exception qui en résulte, qui est de ...

    Reference: http://www.jerseylaw.je/Publications/jerseylawreview/june05/...
Adrian MM. (X)
Local time: 17:19
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 348
Login to enter a peer comment (or grade)

9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
to claim proportionately


Explanation:
As explained by Aude.

"12 Apr 2005 ... The state's insurers sustained a major setback on their biggest issue ... damage claim proportionately between the two types of insurance, ..."
www.penningtonlaw.com/news_detail.asp?article_id=125 - 18k

"How You Do Update Your Claim Basics. ... Let's say, you've recently purchased a couple of personal insurance policies ... must share the claims proportionately. ... per contract) in case of personal accident and life insurance policies. ..."
ezinearticles.com/?How-You-Do-Update-Your-ClaimBasics&id=970741



--------------------------------------------------
Note added at 5 days (2009-02-18 14:44:46 GMT) Post-grading
--------------------------------------------------

Thanks for the points. However, see my discussion note. In view of the doubt over interpretation and the complexity of the law involved, I do not want to gloss this as I am by no means certain that my interpretation is the correct one.

B D Finch
France
Local time: 17:19
Specializes in field
Native speaker of: English
PRO pts in category: 369
Grading comment
Still unsure but am being asked to grade. Tending towards this answer at the moment. Surprisingly few prozians willing to agree one way or the other, which is a sign of the difficulty here I think. Thanks for both answers.

Peer comments on this answer (and responses from the answerer)
agree  cjohnstone: or pro rata or in proportion
9 hrs
  -> Thanks Catherine.
Login to enter a peer comment (or grade)



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