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condition suspensive

English translation: condition precedent

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

French term or phrase:	condition suspensive
English translation:	condition precedent
Entered by:	Marian Greenfield

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15:37 Jul 25, 2002

French to English translations [PRO]
Law/Patents / lease of equipment

French term or phrase: condition suspensive

I'm at a loss for this term in the ff. context: "Sous la condition suspensive de l'execution préalable des engagements résultant du présent contrat, Le Client pourra solliciter le renouvellement de la location pout une nouvelle période et un nouveau lower à convenir, sans que Le Fournisseur soit tenu de l'accepter".

Parrot KudoZ activity Questions: 1378 (1 open) (7 without valid answers) (6 closed without grading) Answers: 10544 Spain
Local time: 15:23

condition precedent

Explanation:
Bridge's excellent legal dictionary confirms this.

Netword - Netword - Terms and Conditions
... its trademark registration, certified by the US Patent and Trademark Office (see
37 CFR ... BY PRIORITY CLAIMANT: As a condition precedent to a claim for priority ...
corp.netword.com/terms.phtml - 23k - Cached - Similar pages

PATENT AND TRADEMARK OFFICE INTERPARTES PROCEEDINGS
PATENT AND TRADEMARK OFFICE INTERPARTES PROCEEDINGS. I. Opposition Proceeding, 15
USC 1063 ... b. A condition precedent to an interference proceeding is that one of ...
www.unc.edu/~unclng/interpartes.htm - 8k - Cached - Similar pages

[PDF]Paper 29 UNITED STATES PATENT AND TRADEMARK OFFICE ...
File Format: PDF/Adobe Acrobat - View as HTML
... in that country in connection with an interference proceeding in the United States
Patent ... 6. Counsel for Roser understood that as a condition precedent to any ...
www.uspto.gov/web/offices/dcom/bpai/its/104727-029.pdf - Similar pages

TITLE 43 , CHAPTER 6 , Sec. 154.
... thereby, may, in his discretion, open the land to location, entry, and patent ... the
execution of a contract by the intending locator or entryman as a condition ...
www4.law.cornell.edu/uscode/43/154.html - 7k - Cached - Similar pages

web.meepzor.com/packages/LICENSE.txt
... Licensor provides no assurances that the Work does not infringe the patent or ... As
a condition precedent to exercising the rights and licences granted hereunder ...
9k - Cached - Similar pages

[DOC]patent policy/5-95
File Format: Microsoft Word 6 - View as HTML
... visiting scientist conducting scientific work at the Institute, as a condition precedent ... information,
facilities or other resources, as well as to all patent ...
www.salk.edu/otm/Patent_Policy.doc - Similar pages

Selected response from:

Marian Greenfield
Local time: 09:23

Grading comment

Thanks Marian, it worked, and thanks, Yolanda, I used precedent condition.
4 KudoZ points were awarded for this answer

Summary of answers provided

5 +3

condition precedent

Marian Greenfield

condition precedent ; (suspensive condition - rare, insurance, property conveyancing...)

Nikki Scott-Despaigne

Answers

5 mins confidence:

peer agreement (net): +3

condition precedent

Marian Greenfield
Local time: 09:23
Native speaker of:

English
PRO pts in pair: 1514

Grading comment

Thanks Marian, it worked, and thanks, Yolanda, I used precedent condition.

8 hrs confidence:

condition precedent ; (suspensive condition - rare, insurance, property conveyancing...)

Explanation:
In spite of various hits on the web, under English law, a “suspensive condition” is reserved for very specific contexts apparently and is distinguished by some from a condition precedent. On a quick overview, most of the hits were related to reinsurance, planning and property conveyancing. South Africa and Scotland were common locations for the term “suspensive condition”. In SA and Scotland, “suspensive condition” would appear to be what would generally be described as a “condition precedent” in England. Never the less, the distinction would appear to be made between the two in the field of insurance (see (3) below).
In my academic and professional experience, I have only ever come across “condition precedent” as distinct from a “condition subsequent”, exactly as set out in the Oxford Dictionary of Law. I think that in context, your French term translates into UK English as “condition precedent”.

Example of “suspensive condition”, but a translated one - http://www.europeloan.com/be/en/find/glossary/suspensi.shtml

Examples of the term “suspensive condition” in an original language context – South Aftrica http://www.nib.co.za/property/glossary/

http://www.aline.co.za/properties/terms.asp

“SUSPENSIVE CONDITION
A clause in an agreement of sale or lease in terms of which the agreement will become enforceable only if the event stipulated in the clause occurs. A typical example is an agreement of sale of a house stating that the agreement is subject to the suspensive condition that the purchaser obtains a loan from a financial institution before or on a certain date.”

You will find hits for the term “suspensive condition” in the UK -

1 - http://www.fountaincourt.co.uk/members/m_mclaren.htm
(insurance)

2 - http://www.scotland.gov.uk/cru/kd01/blue/uepa-06.asp (Scottish law)
(planning) “A suspensive condition is one that prohibits commencement of development on occupation/use of all or part of the development until certain specified events have occurred. These conditions are known as Grampian conditions following the leading case of Grampian Regional Council v City of Aberdeen [1984] J.P.L 590.”

3 - http://www.jtw-re.com/ruklegal13.htm (insurance, reinsurance specific - discussion about condition precedent, suspensive condition)

“At one extreme, a term may be characterised as a "condition precedent" to liability; that is that the reinsurer's liability is conditional upon the notification of a loss within a particular time. For a reinsurer to become liable to pay a claim, the condition must be fulfilled.

A contractual term that is not a condition precedent may be what is known as a "suspensive condition". This means that a reinsurer will not become liable under a policy of reinsurance until the reinsured has complied with the condition. If the reinsured never complies, no liability will attach. As and when there is compliance, so there will be liability.

Alternatively a contractual term may be a simple condition, which is a promise by the reinsured to perform some act which does not make its right to recover dependent upon performance, but breach of which may entitle the reinsurer to claim damages for any harm caused by non-compliance.”

A little bit of English legalese for your delectation. The second part is of particular interest to the case in point.

http://www.xrefer.com/entry.jsp?xrefid=464821&secid=.-

1. A major term of a contract. It is frequently described as a term that goes to the root of a contract or is of the essence of a contract (see also time provisions in contracts); it is contrasted with a warranty, which is a term of minor importance. Breach of a condition constitutes a fundamental breach of the contract and entitles the injured party to treat it as discharged, whereas breach of warranty is remediable only by an action for damages, subject to any contrary provision in a contract (see breach of contract). A condition or a warranty may be either an express term or an implied term. In the case of an express term, the fact that the contract labels it a condition or a warranty is not regarded by the courts as conclusive of its status.

2. A provision that does not form part of a contractual obligation but operates either to suspend the contract until a specified event has happened (a condition precedent) or to bring it to an end in certain specified circumstances (a condition subsequent). When X agrees to buy Y's car if it passes its MOT test, this is a condition precedent; a condition in a contract for the sale of goods that entitles the purchaser to return the goods if dissatisfied with them is a condition subsequent.

Dictionary of Law, Oxford University Press © Market House Books Ltd 1997

--------------------------------------------------
Note added at 2002-07-25 23:53:17 (GMT) Post-grading
--------------------------------------------------

Apologies to Ra91517, as I ought to have marked \"neutral\".

Reference: http://www.jtw-re.com/ruklegal13.htm
Reference: http://www.xrefer.com/entry.jsp?xrefid=464821&secid=.-

Nikki Scott-Despaigne
Local time: 15:23
Native speaker of:

English
PRO pts in pair: 3409

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English translation: condition precedent

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English translation: condition precedent

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