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vente parfaite

English translation: offer and acceptance

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:vente parfaite
English translation:offer and acceptance
Entered by: Paul Stevens
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07:21 Apr 1, 2003
French to English translations [PRO]
Law/Patents
French term or phrase: vente parfaite
I found the translation "bargain and sale" on eurodicautom, but am not 100% sure about this being the correct legal terminology.

In the Belgian text that I am translating it refers to what a sales agreement (three months before a notarised deed of sale is signed) constitutes.

Any ideas? TIA
Paul Stevens
Local time: 15:46
offer and acceptance
Explanation:
« Vente parfaite »

Interesting to note that the definition in Termium suggests executed sale, whereas the GDT seems to remain one small step back in time in the process – everything is ready, but the sale has yet to be performed.

Going back to my law degree days, a certain number of elements have to be present for an agreement to be legally binding upon the parties to it. Given the definitions cited, I would go for “offer and acceptance” as it appears to describe the process up to that stage. Everything is ready but it just needs to be executed. I certainly prefer this to “bargain and sale”, although I suspect that it boils down to the same thing. Consideration may yet need to be made over, for example. See the definition from the Oxford Dictionary of Law below :

1 - http://www.xrefer.com/entry.jsp?xrefid=464893&secid=.-&hh=1

A legally binding agreement. Agreement arises as a result of offer and acceptance, but a number of other requirements must be satisfied for an agreement to be legally binding. (1) There must be consideration (unless the contract is by deed). (2) The parties must have an intention to create legal relations. This requirement usually operates to prevent a purely domestic or social agreement from constituting a contract (see also honour clause). (3) The parties must have capacity to contract. (4) The agreement must comply with any formal legal requirements. In general, no particular formality is required for the creation of a valid contract. It may be oral, written, partly oral and partly written, or even implied from conduct. Certain transactions are, however, valid only if effected by deed (e.g. transfers of shares in British ships) or in writing (e.g. promissory notes, contracts for the sale of interests in land, and guarantees that can at law only be enforced if evidenced in writing). (5) The agreement must be legal (see illegal contract). (6) The agreement must not be rendered void either by some common-law or statutory rule or by some inherent defect, such as operative mistake (see void contract). Certain contracts, though valid, may be liable to be set aside by one of the parties on such grounds as misrepresentation or the exercise of undue influence (see voidable contract).

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


2 - http://199.84.130.170/btml/fra/r_motclef/index800_1.asp

Vente parfaite.

Définition : Vente dans laquelle les parties contractantes sont d'accord sur le prix et sur la chose, c'est-à-dire sur la prestation que chacune des parties doit faire.



3 - http://europa.eu.int/eurodicautom/Controller

“bargain and sale” where everything is ready for an immediate sale to go ahead.


--------------------------------------------------
Note added at 2003-04-01 13:19:45 (GMT)
--------------------------------------------------

It is important to note that in the case of sales required by law to be executed by deed, then no consideration is necessary.
Selected response from:

Nikki Scott-Despaigne
Local time: 16:46
Grading comment
Thanks a lot!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1offer and acceptance
Nikki Scott-Despaigne
5Executed sale
Ethele Salem Sperling
4bargain and sale
Lanna Castellano
3finalized sale
Jonathan MacKerron
2forward sale
Narasimhan Raghavan


  

Answers


2 mins   confidence: Answerer confidence 5/5
Executed sale


Explanation:
Re: Termium
Definition: One which is final and complete in all its particulars and
details, nothing remaining to be done by either party to effect an
absolute transfer of the subject-matter of the sale. Source


Ethele Salem Sperling
United States
Local time: 07:46
Native speaker of: Native in FrenchFrench
PRO pts in pair: 51

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: An executed sale suggests that it has been performed, that the proeprty has changed hands, whereas the definition suggest to me that everythign is ready for the sale to go ahead but that it has not yet been done - for lack of consideration for example.
5 hrs
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15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
finalized sale


Explanation:
another take

Jonathan MacKerron
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 963
Login to enter a peer comment (or grade)

20 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
forward sale


Explanation:
Like in a forward dealing. Guessing of course, but the guess is based on the description given by the author.

Narasimhan Raghavan
Local time: 20:16
Native speaker of: Tamil
PRO pts in pair: 300
Login to enter a peer comment (or grade)

55 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
bargain and sale


Explanation:
La vente est parfaite entre les parties dès qu'elles sont convenues de la chose et du prix quoique la chose n'ait pas encore été livré ni le prix payé - 'vente parfaite' is opposed to 'vente' simple, which is sale and delivery, and it is still binding in general (exceptions in case of goods sold in bulk which still have to be weighed or measured, and can be changed by 'novation' as in property transactions.

Lanna Castellano
Local time: 15:46
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 377
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
offer and acceptance


Explanation:
« Vente parfaite »

Interesting to note that the definition in Termium suggests executed sale, whereas the GDT seems to remain one small step back in time in the process – everything is ready, but the sale has yet to be performed.

Going back to my law degree days, a certain number of elements have to be present for an agreement to be legally binding upon the parties to it. Given the definitions cited, I would go for “offer and acceptance” as it appears to describe the process up to that stage. Everything is ready but it just needs to be executed. I certainly prefer this to “bargain and sale”, although I suspect that it boils down to the same thing. Consideration may yet need to be made over, for example. See the definition from the Oxford Dictionary of Law below :

1 - http://www.xrefer.com/entry.jsp?xrefid=464893&secid=.-&hh=1

A legally binding agreement. Agreement arises as a result of offer and acceptance, but a number of other requirements must be satisfied for an agreement to be legally binding. (1) There must be consideration (unless the contract is by deed). (2) The parties must have an intention to create legal relations. This requirement usually operates to prevent a purely domestic or social agreement from constituting a contract (see also honour clause). (3) The parties must have capacity to contract. (4) The agreement must comply with any formal legal requirements. In general, no particular formality is required for the creation of a valid contract. It may be oral, written, partly oral and partly written, or even implied from conduct. Certain transactions are, however, valid only if effected by deed (e.g. transfers of shares in British ships) or in writing (e.g. promissory notes, contracts for the sale of interests in land, and guarantees that can at law only be enforced if evidenced in writing). (5) The agreement must be legal (see illegal contract). (6) The agreement must not be rendered void either by some common-law or statutory rule or by some inherent defect, such as operative mistake (see void contract). Certain contracts, though valid, may be liable to be set aside by one of the parties on such grounds as misrepresentation or the exercise of undue influence (see voidable contract).

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


2 - http://199.84.130.170/btml/fra/r_motclef/index800_1.asp

Vente parfaite.

Définition : Vente dans laquelle les parties contractantes sont d'accord sur le prix et sur la chose, c'est-à-dire sur la prestation que chacune des parties doit faire.



3 - http://europa.eu.int/eurodicautom/Controller

“bargain and sale” where everything is ready for an immediate sale to go ahead.


--------------------------------------------------
Note added at 2003-04-01 13:19:45 (GMT)
--------------------------------------------------

It is important to note that in the case of sales required by law to be executed by deed, then no consideration is necessary.


    Reference: http://www.xrefer.com/entry.jsp?xrefid=464893&secid=.-&hh=1
Nikki Scott-Despaigne
Local time: 16:46
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4404
Grading comment
Thanks a lot!

Peer comments on this answer (and responses from the answerer)
agree  danyce
5 hrs
Login to enter a peer comment (or grade)




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