non libératoires

20:32 Nov 30, 2019
This question was closed without grading. Reason: Answer found elsewhere

French to English translations [PRO]
Law/Patents - Law: Contract(s) / Penalties
French term or phrase: non libératoires
Ces penalites non liberatoires ne s'appliquent pas si le retard constate est imputable a XXX par suite:
(Sorry for lack of accents - scannos...)
Verity Roat
United Kingdom
Local time: 04:52


Summary of answers provided
3 +5non-exempting from further performance; not discharging the defaulter
Adrian MM.
4 -1which do not operate as a discharge
Eliza Hall
3 -2non-definitive
Timothy Rake


Discussion entries: 1





  

Answers


25 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
non-definitive


Explanation:
more context would be helpful

Timothy Rake
United States
Local time: 20:52
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 35

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Even with the context we have, this is wrong; it's about the penalties not putting an end to the contract or exempting the party liable to pay them
6 hrs

disagree  B D Finch: I don't see how this could possibly translate the Asker's term. No lack of context in question, just lack of explanation in answer.
1 day 13 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
non libératoire
non-exempting from further performance; not discharging the defaulter


Explanation:
- so do not put a peremptory end to the contract performance owed by the defaulter.


    Reference: http://eng.proz.com/kudoz/french-to-english/business-commerc...
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
agree  Tony M
30 mins
  -> Thanks and merci. All I really did was tweak the pre-existing glossary entry.

agree  Yolanda Broad
3 hrs
  -> Thanks and merci.

agree  AllegroTrans
4 hrs
  -> Thanks and merci.

agree  Daryo
12 hrs
  -> Hvala lepo, merci and thanks.

agree  B D Finch: You seem to have your critics somewhat isolated; so, they shouldn't cause any paranoia!
1 day 11 hrs
  -> Thanks and merci! Alas, my critics do not seem able to 'liberate' themselves from their mental block over my answers and/or my mugshot.

disagree  Eliza Hall: That's not what it means. Libératoire = if you pay this penalty, then we can't sue you for the breach that made you have to pay it. Non libératoire: even after you pay this penalty, we can still sue you for the breach that made you have to pay it.
1 day 15 hrs
  -> Am afraid that is wrong. It means payment of a contractual penalty or liquidated damages still keeps the rest of the contract alive.

agree  Emily Little
4 days
  -> Thanks and merci! - albeit 'answer found elsewhere'.
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1 day 3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
which do not operate as a discharge


Explanation:
Ces penalites non liberatoires ne s'appliquent pas si...

These penalties, which do not operate as a discharge, do not apply if...

A few links explaining how this works (FYI it appears that at least in France itself, penalties in B2B contracts ARE libératoires even if they say they're not... but that's not relevant to translation):

http://www.fellows.legal/en/rappel-sur-le-caractere-liberato...

https://www.dictionnaire-juridique.com/definition/liberatoir...

http://www.ledieu-avocats.fr/clause-penale-penalites/



Eliza Hall
United States
Local time: 23:52
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
disagree  Adrian MM.: it does operate as a discharge of the penalties.// As B.D.Finch notes, discharge is ambiguous to make any accurate sense.
12 hrs
  -> And...? The FR original doesn't say "non-libératoire des pénalités," nor does it say what it's not "libératoire" of. So I'm not sure what makes you feel that the EN translation should specify a point not made in the original.

neutral  B D Finch: As a discharge of what?
12 hrs
  -> It doesn't need to say "discharge of what" in EN, since it doesn't say "libératoire of what" in the FR original. But here's a definition of discharge: https://definitions.uslegal.com/d/discharge/
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