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  3. Law: Contract(s)

caducité

English translation: expiry/invalidity [has expired/lapsed]

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:caducité
English translation:expiry/invalidity [has expired/lapsed]
Entered by: Reuben Wright

11:52 Jul 24, 2020
French to English translations [PRO]
Bus/Financial - Law: Contract(s)
French term or phrase: caducité
La présente convention pourra être résiliée de plein droit et sans préavis en cas de :
Caducité, annulation ou retrait de toutes pièces officielles délivrées au PARTENAIRE ;
Eve Yebga
Cameroon
Local time: 00:15
invalidity/expiry
Explanation:

As Thomas points out, depending on what the "pièces officielles" are (for the "convention"), what affects the validiy/non-validity of the "pièces", the date may be what they are referring to. In this case, "expiry" or "invalidity" would be another option.

Another formulation:
...in the case that the official documents submitted to the PARTNER are:
expired, or have been cancelled(overturned) or revoked.

Again, it would depend on whether the "pièces" are patents, licences, judgments, etc.

"Nullity" covers everything and would perhaps sound more contractese.

I agree with the posts here; references always help the Proz community understand the reasoning behind an answer and inform the Asker on the best choice given their context. :)


--------------------------------------------------
Note added at 1 day 4 hrs (2020-07-25 15:58:44 GMT)
--------------------------------------------------

The formulation for the three possible reasons for which documents will be deemed invalid/null and void.

“...in the case that the official documents submitted to the PARTNER have:
expired/lapsed, been cancelled/overturned, or been revoked.
Selected response from:

Reuben Wright
Canada
Local time: 19:15
Grading comment
Thanks for your answer and peers' explanations.
This translation seems to me more appropriate. I think "caducité" here refers to the validity of the
document when it was created and means that it could subsequently lose its legal effects.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +8invalidity/expiry
Reuben Wright
5 +1Nullity
Ismaël Kouddane
3... it is null and void
Thomas Miles
3voidness by time-barring
Adrian MM.


Discussion entries: 2





  

Answers


5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
Nullity


Explanation:
Nullity : caducité
A null contract


Ismaël Kouddane
Morocco
Local time: 00:15
Native speaker of: Native in ArabicArabic, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: convincing refs to back so much confidence /as outstanding as the references you provided to show asker that your answer is 100% correct
25 mins
  -> Thank you for this outstanding comment.
agree  philgoddard: This is perfectly OK, though a reference would help.
2 hrs
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39 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
... it is null and void


Explanation:
... in the event that:

it is null and void ...

--------------------------------------------------
Note added at 40 mins (2020-07-24 12:32:47 GMT)
--------------------------------------------------

OR

if this 'caducité' refers to 'toutes pièces officielles':

'All official documents submitted to the PARTNER are null and void, have been ...'

Thomas Miles
France
Local time: 01:15
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  Tony M: It seems to me this misses the key point with 'caducité' that there is a time element involved, so it becomes null (where it wasn't originally)
1 day 7 hrs
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +8
invalidity/expiry


Explanation:

As Thomas points out, depending on what the "pièces officielles" are (for the "convention"), what affects the validiy/non-validity of the "pièces", the date may be what they are referring to. In this case, "expiry" or "invalidity" would be another option.

Another formulation:
...in the case that the official documents submitted to the PARTNER are:
expired, or have been cancelled(overturned) or revoked.

Again, it would depend on whether the "pièces" are patents, licences, judgments, etc.

"Nullity" covers everything and would perhaps sound more contractese.

I agree with the posts here; references always help the Proz community understand the reasoning behind an answer and inform the Asker on the best choice given their context. :)


--------------------------------------------------
Note added at 1 day 4 hrs (2020-07-25 15:58:44 GMT)
--------------------------------------------------

The formulation for the three possible reasons for which documents will be deemed invalid/null and void.

“...in the case that the official documents submitted to the PARTNER have:
expired/lapsed, been cancelled/overturned, or been revoked.


    https://euipo.europa.eu/ohimportal/en/invalidity-and-revocation
    https://uk.practicallaw.thomsonreuters.com/3-384-6938?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
Reuben Wright
Canada
Local time: 19:15
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thanks for your answer and peers' explanations.
This translation seems to me more appropriate. I think "caducité" here refers to the validity of the
document when it was created and means that it could subsequently lose its legal effects.

Peer comments on this answer (and responses from the answerer)
agree  ph-b (X): with "expiry" - caducité is about "lapsing".
41 mins
  -> That's what I thought too. Thank you :)
agree  Andrew Bruch: This is my view as well.
1 hr
  -> Thank you :)
agree  writeaway
1 hr
  -> Thank you :)
agree  Yolanda Broad: expiry
2 hrs
  -> Thank you :)
agree  Yvonne Gallagher: Expiry
4 hrs
  -> Thank you :)
agree  Paul Stevens
15 hrs
  -> Thank you :)
agree  liz askew: expiry.
1 day 23 hrs
  -> Thank you :)
agree  AllegroTrans: Use the passive voice as suggested in your DBox comment
3 days 20 hrs
  -> In case the documents have expired, been cancelled or revoked. Thank you! :)
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1 day 8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
voidness by time-barring


Explanation:
Reposted in view of Nikki's discussion entry as to cause & effect.

It is, in the weblink, the annulation - rather than the caducité - that would normally equate with avoidance of a disposition ou retrait > withdrawal.

Defeasance vs. voidness, as per my recent answers that have been recycled, would not work with official docs, whilst lapse amd expiry as per IATE get closer cf. statute-barring: Navarr

Example sentence(s):
  • Legal definition of time-barred: barred by the passage of time under a statute of limitations, statute of repose, or procedural rule.

    Reference: http://www.proz.com/personal-glossaries/entry/18192644-deman...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86

Peer comments on this answer (and responses from the answerer)
neutral  B D Finch: Wouldn't that apply more to criminal law than to a civil contract?
2 days 15 hrs
  -> Good point, but not really - civil remedies on ENG contracts and, with notable exceptions, tax debts get time- or stature-barred after 6 years, specialty contract e.g. land-related debts contained in a deed under seal, only after 12 years.
neutral  AllegroTrans: This seems to be simply about docs that have expired, time-barring is really something else, and "voidness" sounds very clonky, even if it is a word
2 days 16 hrs
  -> problem is official docs., unless ID cards, and deeds don't 'expire' - only the civil remedies or authorisations thereunder do.
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