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en l'absence de contrepartie

English translation: if there is no consideration

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:en l'absence de contrepartie
English translation:if there is no consideration
Entered by: Helen D. Elliot
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17:25 Jul 9, 2002
French to English translations [PRO]
Bus/Financial - Law: Taxation & Customs / tax
French term or phrase: en l'absence de contrepartie
The whole phrase is "l'existence d'un acte anormal de gestion est établie, en l'absence de contrepartie" Thanks again
Margaret Lomas
Local time: 03:34
if there is no consideration
Explanation:
I believe the context is legal. More details would help in understanding the whole idea.

Ménard:

Contrepartie:

Consideration
Droit Valeur (argent, bien, promesse d'agire d'une façon précise,etc.) cédée par une des parties à la suite de la conclusion d'une opération ou de la signature d'un contrat.


http://www.ainc-inac.gc.ca/ps/nap/cormclaimin_e.txt

Contract law specifies that a contract is unenforceable if there is no consideration.

http://www.ainc-inac.gc.ca/ps/nap/cormclaimin_f.txt
En droit des contrats, un contrat n'est pas exécutoire en l'absence de contrepartie.


Termium:
English:Property Law (Common Law)
Contracts (Common Law)
Accounting

consideration s CORRECT



DEF - The benefit to a contracting party that has induced a person to enter into the contract, taking the form of a promise; the performance of an act for which the performer would not otherwise be obligated; the refraining from doing something that the refrainer would otherwise be free to do; or, as is most common in commercial contracts, payment in money or transfer of property. s
CONT - Courts have used the word "consideration" with many different meanings. It is often used merely to express the legal conclusion that a promise is enforceable. Historically, its primary meaning may have been that the conditions were met under which an action of assumpsit (an early form of contract action) would lie. It was also used as the equivalent of the "quid pro quo" required in an action of debt. A seal, it has been said, imports a consideration, although the law was clear that no element of bargain was necessary to enforcement of a promise under seal. On the other hand, consideration has sometimes been used to refer to almost any reason asserted for enforcing a promise, even though the reason was insufficient (as in) promises in consideration of love and affection, illegal consideration, past consideration, and consideration furnished by reliance on a gratuitous promise where in fact there has been no consideration at all. (Yogis, 1983, p. 47). s

French:Property Law (Common Law)
Contracts (Common Law)
Accounting

contrepartie s CORRECT,FEM,STANDARDIZED

contre-partie s CORRECT,FEM

DEF - Valeur (argent, bien, promesse d'agir d'une façon précise, etc.) cédée par une des parties à la suite de la conclusion d'une opération ou de la signature d'un contrat. s
Selected response from:

Helen D. Elliot
Canada
Local time: 22:34
Grading comment
Thanks - this seems to best fit the context but thanks to everyone.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +7in the absence of a counterparty
Marian Greenfield
4 +3if there is no considerationHelen D. Elliot
4compensationkostan


  

Answers


2 mins   confidence: Answerer confidence 5/5 peer agreement (net): +7
in the absence of a counterparty


Explanation:
in other words, it shall be construed that an unusual [maybe even improper] management action has been carried out if there is no counterparty to the transaction.

--------------------------------------------------
Note added at 2002-07-09 18:18:03 (GMT)
--------------------------------------------------

Helen may well be right that it may be <in the absence of consideration>. More context needed to clarify...


    20 years of experience as a financial translator
Marian Greenfield
Local time: 22:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
agree  GILOU
0 min

agree  Ra91571
2 mins

agree  Paul Mably
3 mins

agree  jerrie
20 mins

agree  spencer
23 mins

agree  Chantal Henno
25 mins

agree  tinam966
56 mins

neutral  xxxPaulaMac: Theoretically correct but not common usage, even in legal docs.
6 hrs
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45 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
if there is no consideration


Explanation:
I believe the context is legal. More details would help in understanding the whole idea.

Ménard:

Contrepartie:

Consideration
Droit Valeur (argent, bien, promesse d'agire d'une façon précise,etc.) cédée par une des parties à la suite de la conclusion d'une opération ou de la signature d'un contrat.


http://www.ainc-inac.gc.ca/ps/nap/cormclaimin_e.txt

Contract law specifies that a contract is unenforceable if there is no consideration.

http://www.ainc-inac.gc.ca/ps/nap/cormclaimin_f.txt
En droit des contrats, un contrat n'est pas exécutoire en l'absence de contrepartie.


Termium:
English:Property Law (Common Law)
Contracts (Common Law)
Accounting

consideration s CORRECT



DEF - The benefit to a contracting party that has induced a person to enter into the contract, taking the form of a promise; the performance of an act for which the performer would not otherwise be obligated; the refraining from doing something that the refrainer would otherwise be free to do; or, as is most common in commercial contracts, payment in money or transfer of property. s
CONT - Courts have used the word "consideration" with many different meanings. It is often used merely to express the legal conclusion that a promise is enforceable. Historically, its primary meaning may have been that the conditions were met under which an action of assumpsit (an early form of contract action) would lie. It was also used as the equivalent of the "quid pro quo" required in an action of debt. A seal, it has been said, imports a consideration, although the law was clear that no element of bargain was necessary to enforcement of a promise under seal. On the other hand, consideration has sometimes been used to refer to almost any reason asserted for enforcing a promise, even though the reason was insufficient (as in) promises in consideration of love and affection, illegal consideration, past consideration, and consideration furnished by reliance on a gratuitous promise where in fact there has been no consideration at all. (Yogis, 1983, p. 47). s

French:Property Law (Common Law)
Contracts (Common Law)
Accounting

contrepartie s CORRECT,FEM,STANDARDIZED

contre-partie s CORRECT,FEM

DEF - Valeur (argent, bien, promesse d'agir d'une façon précise, etc.) cédée par une des parties à la suite de la conclusion d'une opération ou de la signature d'un contrat. s

Helen D. Elliot
Canada
Local time: 22:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
Grading comment
Thanks - this seems to best fit the context but thanks to everyone.

Peer comments on this answer (and responses from the answerer)
agree  Jean-Luc Dumont: in the absence of consideration
2 hrs
  -> Thanks, I believe the legal version is as I stated

agree  Buzzy
3 hrs
  -> Thanks

agree  xxxPaulaMac
6 hrs
  -> Thanks Paula
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
compensation


Explanation:
Chose qui s'oppose a une autre en la completant ou en l'equilibrant (le Petit Robert)
Something that compensates for an undesirable state of affairs (Oxford D.)
In this case the "acte anormal" needs to be "compensated" in order not to lead to a subsequent action. Therefore I would translate "unless it is adequately compensated"

kostan
Austria
Local time: 04:34
Works in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 8
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