Apr 7, 2005 15:40
19 yrs ago
2 viewers *
French term

onereux et adhesion

Non-PRO French to English Law/Patents Law: Contract(s)
Text about French employment law.
Context : "Le contrat de travail est un contrat synallagmatique, onereux, a executions successives. c'est generalement un contrat d'adhesion."
Votes to reclassify question as PRO/non-PRO:

PRO (2): Christopher RH, Francis Marche

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Proposed translations

9 mins

onerous and adhesion

Onerous, burdensome, taxing: Not easily borne; wearing

Adhesion contract: A standardized set of agreements offered by one (usually the stronger) party to another on a ``take it or leave it'' basis. An insurance policy is an example of such a contract. The insurer offers a personal auto policy, for example, that an individual may ``adhere to'' (or not) but in any case the individual may not change any of its terms. Because it has the stronger position, the insurance company has the burden to spell out its terms precisely. Such contracts are interpreted strictly against the author of the contract. Not to be confused with aleatory contract.
www.imms.com/insglos/agloss.htm
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18 mins

agreement to pay / payment agreement

Eurodicautom provides "agreement contract" as a translation for "contrat d'adhesion". I would hesitate to use that, though, as a contract is basically an enforceable agreement (if it's written up properly!). Overall, it looks to me that the paragraph could be reworked somewhat with these phrases.
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17 hrs

entered into for consideration / standard-form contract

"onéreux": not gratuitous. Therefore "for consideration" or "with legal consideration".
I have used "onerous" but as another KudoZ contributor remarked, an "onerous contract" in English law is one which is _too_ burdensome, thus allowing one party to escape the contract under certain circumstances (such as in liquidation).

"contrat d'adhésion": a whole notion unto itself in French law for "standard-form" or take-it-or-leave-it contracts. i.e. the terms are not negotiated or even negotiable. The French Courts sometimes use the notion to interpret contract terms against the party that proposed the contract, but the notion is only really valid in consumer law (unfair contract terms, EC Directive 93/13 etc).

The EC directive uses "standard contracts" (9th "Whereas") and "pre-formulated standard contracts" (Article 3): http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?ur...

"adhesion contracts" appears to be a US variant.
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385 days
French term (edited): onéreux / contrat d'adhésion

for a cash consideration / an Acceptance Contract

a standard term in American legalese

In (non legalese) French also "un contrat léonin"

Follow the link below to a Microsoft "Acceptance Contract" (take it as it is or leave it, etc.)

"for a cash consideration" translates "à titre onéreux"/"onéreux"
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