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Toute lettre recommandée sera reputée reçue et produira effet

English translation: See explanation


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20:02 Dec 20, 2011
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: Toute lettre recommandée sera reputée reçue et produira effet
des sa premiere presentation.

Hello everyone,
This is from a service contract outlining conditions for termination for breach and I am unsure of the translation for "presentation".
I have attempted:
"Any registered letter shall be deemed as received and shall produce its effects from the moment of its first submission".

I am wondering whether they are referring to the physical act of sending the letter, or somehow "presenting" a proof/receipt of the registered letter being posted.

I thank you all for any suggestions!
Ladda McLaren
Local time: 13:34
English translation:See explanation
Explanation:
What they mean is that it shall be deemed to be recieved and have effect from the time of the first attempt to deliver (ie if you're not at home they leave a notice telling you to pick it up at the post office, etc)

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Note added at 10 hrs (2011-12-21 06:09:23 GMT)
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Wikipedia:
"la remise contre signature, qui apporte une preuve de présentation et/ou de distribution"
i.e. présentation is clearly part of the DELIVERY and not the posting process. If for some reason the registered letter gets lost under way, it will NOT be deemed to be received. It is not a question of posting is proof of delivery

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Note added at 10 hrs (2011-12-21 06:09:57 GMT)
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Sorry. Wikepidia reference:
http://fr.wikipedia.org/wiki/Lettre_recommandée_avec_avis_de...

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Note added at 11 hrs (2011-12-21 07:40:26 GMT)
--------------------------------------------------

To asker: It would have helped if you'd put the last four words into the question proper, since the discussion showed taht these included the key words.
Selected response from:

David Wright
Austria
Local time: 20:34
Grading comment
Thanks for everyone's advice on this point!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4See explanation
David Wright
4Every registered letter shall be deemed to have been received and shall take effectWordwatcher
5 -4a proof/receipt of the registered letter being posted.Michelburt


Discussion entries: 2





  

Answers


36 mins   confidence: Answerer confidence 5/5 peer agreement (net): -4
Toute lettre recommandee sera reputee recue et produira effet
a proof/receipt of the registered letter being posted.


Explanation:
It is a proof/receipt of the registered letter being posted.

Michelburt
Local time: 14:34
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
disagree  B D Finch: No,it is about the proof of posting being considered adequate as proof of receipt, a somewhat dodgy concept.
5 mins

disagree  David Wright: It's not posting, it's delivery that counts
5 mins

disagree  Tony M: I can only echo what BDF has already said. And there is no mention of any form of 'proof' here.
5 mins

neutral  AllegroTrans: Despite these 3 disagrees, your answer is ALMOST correct; posting by registered mail is deemed receipt
2 hrs

disagree  writeaway: there is no proof of any receipt.
2 hrs
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
Toute lettre recommandee sera reputee recue et produira effet
See explanation


Explanation:
What they mean is that it shall be deemed to be recieved and have effect from the time of the first attempt to deliver (ie if you're not at home they leave a notice telling you to pick it up at the post office, etc)

--------------------------------------------------
Note added at 10 hrs (2011-12-21 06:09:23 GMT)
--------------------------------------------------

Wikipedia:
"la remise contre signature, qui apporte une preuve de présentation et/ou de distribution"
i.e. présentation is clearly part of the DELIVERY and not the posting process. If for some reason the registered letter gets lost under way, it will NOT be deemed to be received. It is not a question of posting is proof of delivery

--------------------------------------------------
Note added at 10 hrs (2011-12-21 06:09:57 GMT)
--------------------------------------------------

Sorry. Wikepidia reference:
http://fr.wikipedia.org/wiki/Lettre_recommandée_avec_avis_de...

--------------------------------------------------
Note added at 11 hrs (2011-12-21 07:40:26 GMT)
--------------------------------------------------

To asker: It would have helped if you'd put the last four words into the question proper, since the discussion showed taht these included the key words.

David Wright
Austria
Local time: 20:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52
Grading comment
Thanks for everyone's advice on this point!
Notes to answerer
Asker: Sorry for responding so late, David. I agree, it would have been clearer, but for some reason it didn't allow me to continue writing the whole question in the box and I had to extend the phrase into the next section. I found the discussion very helpful, and I would have to agree that delivery seems to be the key issue here. Thanks so much for your help!


Peer comments on this answer (and responses from the answerer)
agree  B D Finch
28 mins
  -> Thanks

agree  Tony M
30 mins
  -> Thanks Tony, much appreciated

agree  writeaway: yes, this is fairly standard stuff in the trade. I frankly don't understand the disagree.
2 hrs
  -> Thanks writeaway

disagree  AllegroTrans: NO: proof of sending by registered post = deemed proof of receipt, might be a "dodgy concept" (cf. BD Finch) but it's standard procedure; there is nothing about "attempts to deliver" - that's an irrelevance here
2 hrs
  -> It might be standard procedure but I don't see how it derives from the French présentation, and even moer so première présentation.

agree  Jack Przybylski: "Première présentation" does indeed refer to the attempt to deliver by the French post office, AllegroTrans obviously hasn't lived here...
6 days

agree  rufinus: yes, it's the attempt to deliver. Requested clarification: for those of you in Britain, isn't the the modern UK equivalent of 'registered letter' 'by recorded delivery' while LRAR would be 'by recorded delivery (signed for)'...
7 days
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Every registered letter shall be deemed to have been received and shall take effect


Explanation:
It matters not whether the letter is actually received - this is a deeming provision involving a legal fiction (and the asker's phrase makes no mention of an accusé de reception - if it did the position would be different). Under the still valid 19th century "postal acceptance rule" acceptance is deemed to take place when the acceptance is posted, not when it is received.

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Note added at 1 day11 hrs (2011-12-22 07:05:42 GMT)
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Every registered letter shall be deemed to have been received and shall take effect from the date of the first attempted delivery.


    Reference: http://WWW.duhaime.org/LegalDictionary/P/PostalRule.aspx
Wordwatcher
United Kingdom
Local time: 19:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
neutral  David Wright: you have to take account of the first line AFTER the question, which changes everything! Reply: Actually, yes it is correct, but I suspect not what the asker actually had difficulties with.
12 mins
  -> Yes - in my haste I didn't read to the end of the sentence! But the translation I suggest is still correct. See added note above.
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Changes made by editors
Dec 21, 2011 - Changes made by Yolanda Broad:
Term askedToute lettre recommandee sera reputee recue et produira effet => Toute lettre recommandée sera reputée reçue et produira effet


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