Glossary entry

French term or phrase:

équilibre économique semblable

English translation:

equivalent economic balance

Added to glossary by B D Finch
Jan 1, 2008 19:41
16 yrs ago
19 viewers *
French term

équilibre économique

French to English Bus/Financial Finance (general)
This is from a contract clause dealing with a possible inapplicable and/or ineffective clause that might need to be replaced by new clause that would provide the same "équilibre économique".

The Contract is for the provision of services by one company to another.
Change log

Jan 1, 2008 20:02: writeaway changed "Field" from "Law/Patents" to "Bus/Financial" , "Field (specific)" from "Law: Contract(s)" to "Finance (general)" , "Restriction (Pairs)" from "working" to "none" , "Restriction (Native Lang)" from "eng" to "none" , "Restriction (Platinum Only)" from "Platinum Only" to "None" , "Restriction Fields" from "working" to "none"

Jan 3, 2008 17:18: Deborah Workman changed "Edited KOG entry" from "<a href="/profile/570330">B D Finch's</a> old entry - "équilibre économique semblable"" to ""economic balance equivalent""

Jan 3, 2008 17:20: Deborah Workman changed "Edited KOG entry" from "<a href="/profile/72349">Deborah Workman's</a> old entry - "équilibre économique semblable"" to ""comparable economic equivalent""

Jan 3, 2008 20:16: B D Finch changed "Edited KOG entry" from "<a href="/profile/72349">Deborah Workman's</a> old entry - "équilibre économique semblable"" to ""(comparable) economic equivalent""

Discussion

B D Finch (asker) Jan 4, 2008:
Thanks Andrew, I think we agree on that. In the interests of clarity, I decided to use both "equivalent" and "balance".

Thanks to all of you for your help. This was a very large and urgent project which kept me in over most of the New Year, so now I'm off skiing and raquetting and my lift pass is paid for!
Andrew Bruch Jan 3, 2008:
I actually do not advocate using the pure google count as a reference (good way to get into trouble), but going down the list you can see that most of them relate to clauses very similar to your own - you do have to click on a couple for verification! :)
Julie Barber Jan 2, 2008:
what a sentence......!
Non-ProZ.com Jan 1, 2008:
The text is: "Les Parties s’engagent à remplacer la clause inapplicable ou inopérante par une nouvelle clause applicable ou opérante qui donne un **équilibre économique** aussi semblable que possible à celui que donnait la clause inapplicable ou inopérante."

Hope that helps, but not sure it tells you much more.
AllegroTrans Jan 1, 2008:
It would help if you could provide the French text with the phrase contained within

Proposed translations

9 hrs
Selected

economic equivalent

... preserving for such party the economic equivalent of any payment or delivery (whether the underlying obligation was ...
http://www.derivativeslawyer.com/definitions.html

... provided in this clause, he shall be provided with the after-tax economic equivalent of the benefits provided under the ...
http://www.elinfonet.com/prov/48
Peer comment(s):

neutral Julie Barber : I see what Allegro means actually. Although the sentence does clearly state that the clause must be similar to the last one....so both answers here are useful to BD!
2 hrs
Thanks, Julie!
disagree AllegroTrans : nothing to do with equivalents: it's about maintaining the same balance between the parties should provisions in a contract fail to operate
8 hrs
Thanks, I read it as equivalent. The new clause should provide the equivalent type of protection to the parties.
agree Andrew Bruch : Strongly agree that this is the way it is phrased. I've written this and seen it written in a multidude of docs.
14 hrs
Thanks, Andrew! It was getting lonely here!
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4 KudoZ points awarded for this answer. Comment: "Thanks, this does seem the best and thanks also to Andrew for his comments, even though I do disagree with using the mere number of ghits as an argument."
+3
8 mins

financially equitable exchange

Both sides of the exchange are equitable, financially.
Note from asker:
Thanks Gregory. This does seem to fit the context.
Looking at it again, I think that Buzzy is right, there is no reason to think the original arrangements were equitable.
Peer comment(s):

agree rkillings : Probable. Could only be written by a lawyer ignorant of any economic theory, though. :-(
5 hrs
agree islander1974
9 hrs
agree Julie Barber : @buzzy - if that was the case they'd have called it a déséquilibre ;-)
11 hrs
neutral Buzzy : possible, but is there any chance that the original "équilibre" might not have been equitable in the first place? such that the replacement clause follows the same pattern?
15 hrs
agree AllegroTrans : re Buzzy: it was "equitable" in the first place: it becomes potentially "inequitable" if a clause becomes inapplicable or innefective, i.e. it's a "clearing up the mess" provision. Re RKillings: has nothing to do with economic theory!!
17 hrs
disagree Andrew Bruch : The balance being sought is intended to reflect the balance achieved in the original clause (which was invalidated) this is called an "economic equivalent" - I cannot find any contracts with your phrase, where did you get it?
23 hrs
Well, you'll notice that my response came before the addendum was posted. Nevertheless, given the context, I still think this is the clearest way to translate the text. Both sides are attempting to renegociate an equitable exchange.
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-1
1 day 5 hrs

economic equilibrium

i think that this phrase is used as is in many languages and it relates the same meanning.
Peer comment(s):

disagree Andrew Bruch : Please provide sources: Google using "economic equilibrium" +invalid +unenforceable yields 129 hits; the same search using "economic equivalent" yields 45,000: most of these relating that standard clause in this standard contract.
15 hrs
great andrew, next time everyone use google to translate!
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