onereux et adhesion

15:40 Apr 7, 2005
French to English translations [Non-PRO]
Law/Patents - Law: Contract(s)
French term or phrase: onereux et adhesion
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."
caroline


Summary of answers provided
4for a cash consideration / an Acceptance Contract
Francis Marche
4entered into for consideration / standard-form contract
Christopher RH
3agreement to pay / payment agreement
Patrice
3onerous and adhesion
Luiza Modesto


  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
onerous and adhesion


Explanation:
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

Luiza Modesto
Brazil
Local time: 06:15
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
Login to enter a peer comment (or grade)

18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
agreement to pay / payment agreement


Explanation:
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.

Patrice
United States
Local time: 02:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Login to enter a peer comment (or grade)

17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
entered into for consideration / standard-form contract


Explanation:
"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.

Christopher RH
Local time: 11:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 106
Login to enter a peer comment (or grade)

385 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
onéreux / contrat d'adhésion
for a cash consideration / an Acceptance Contract


Explanation:
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"


    Reference: http://www.maricopa.edu/helpdesk/docs/ms_software_checkout.p...
Francis Marche
France
Local time: 11:15
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 60
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search