ProZ.com global directory of translation services
 The translation workplace
Ideas
KudoZ home » French to English » Law: Contract(s)

bénéfice d'exigibilité

English translation: right to demand performance


Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:bénéfice d\'exigibilité
English translation:right to demand performance
Entered by: Mary-Ann Marque
Options:
- Contribute to this entry
- Include in personal glossary

16:12 Jan 4, 2012
French to English translations [PRO]
Law/Patents - Law: Contract(s) / contract loan
French term or phrase: bénéfice d'exigibilité
LE PRÊTEUR pourra, à tout moment, se prévaloir des motifs précités de résiliation sans que le non exercice éventuel de la présente clause implique, de sa part, renonciation au bénéfice d’exigibilité qui
est un élément déterminant du contrat.
Mary-Ann Marque
France
Local time: 20:34
right to demand performance
Explanation:
The lender may invoke the "motifs précités de résiliation" to terminate the contract. However, if the lender does not do so, that does not imply that the s/he has waived his/her right to demand performance of the contract conditions by the other party.
Selected response from:

B D Finch
France
Local time: 20:34
Grading comment
Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1right to demand performance
B D Finch
4waver of reimbursement
Mark Hamlen
3right to accelerate the maturity (of the loan)
Tom Thumb
3waiver of applicability
AllegroTrans


  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
renonciation au bénéfice d'exigibilité
waiver of applicability


Explanation:
.

AllegroTrans
United Kingdom
Local time: 19:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 226
Login to enter a peer comment (or grade)

29 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
bénéfice d\'exigibilité
waver of reimbursement


Explanation:
Exigibilité means "payable". So the phrase is "The Lender may at any time assert the reasons cited above for termination, without the possible exercise of this clause constituting, on its part, a waiver of reimbursement, which is a prerequisite for the agreement."

Mark Hamlen
France
Local time: 20:34
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
right to demand performance


Explanation:
The lender may invoke the "motifs précités de résiliation" to terminate the contract. However, if the lender does not do so, that does not imply that the s/he has waived his/her right to demand performance of the contract conditions by the other party.

B D Finch
France
Local time: 20:34
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 219
2 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
agree  fourth
1 day19 hrs
  -> Thanks
Login to enter a peer comment (or grade)

22 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
bénéfice d\'exigibilité
right to accelerate the maturity (of the loan)


Explanation:
Waiver of ....

Maybe cognate with the Austrian-German concept of Terminverlust: forefeiture of the right to pay by instalments, the maturity or due dates of which are 'accelerated' by the borrower's default made in paying just one instalment.

--------------------------------------------------
Note added at 22 hrs (2012-01-05 14:41:52 GMT)
--------------------------------------------------

vs. the plea or benefit of enforceability of the loan agreement.

Example sentence(s):
  • disclosure of the creditor\'s right to accelerate the maturity of the debtor\'s obligation upon default is required by the Truth in Lending Act ftp.resource.org/courts.gov/c/F2/539/539.F2d.521.75-2519.html
Tom Thumb
Local time: 20:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 181

Peer comments on this answer (and responses from the answerer)
neutral  B D Finch: You don't seem to be taking into account that this is a contract loan.// It would help to know what the "motifs précités" are etc. However, my reading is that the loan is to enable a contractor to provide goods and/or services that are "exigibile".
1 day2 hrs
  -> I did. Pls. read my note added re enforceability of the loan agreement.//True. The original says this benefit or right is '...un élément déterminant du contrat', not that the contract itself is 'exigible' e.g. *éxecutable* en nature denoting specific perf
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also: