serait recherchee

English translation: is sought

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:serait recherchee
English translation:is sought
Entered by: ladyb

17:06 Apr 5, 2005
French to English translations [PRO]
Marketing - Law (general)
French term or phrase: serait recherchee
I was just wondering how to translate serait recherchee. This is the an extract from the text: Dans le cas où la responsabilité de xxx serait recherchée à raison d'un manquement par un Inscrit aux obligations qui lui incombent aux termes de la loi
ladyb
United States
Local time: 13:40
is sought
Explanation:
The simplest solution if you want to keep the sentence structure.

"if the liability of xxx is sought due to infringement by the Subscriber of its statutory obligations"


but I would prefer:

*** "Where a claim is made against xxx as a consequence of a Subscriber's infringement of obligations imposed on said Subscriber by law.." ***
Selected response from:

Christopher RH
Local time: 19:40
Grading comment
Thanks. I liked this option best: Where a claim is made against...
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1is sought
Christopher RH
5is under investigation
Dennis Mahony
5 -1the liability of X was sought to be established..
Jane Lamb-Ruiz (X)
4Were legal action to be taken against XXX for allegedly failing to meet his duties under the law
Bourth (X)
4In the event of an attempt to......
CMJ_Trans (X)
3would be sought
cchat


Discussion entries: 2





  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
would be sought


Explanation:
I don't know if this is the legal term, but it's the meaning.


cchat
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  gad: In my Dictionnaire Economique et Juridique, rechercher means to look for, seek, search for
1 min
  -> thanks, but is it the legal term?

disagree  Jane Lamb-Ruiz (X): sorry this is not grammatical in this context, the French conditional is not this here;
1 hr

agree  Patrice
1 hr

disagree  Dennis Mahony: I can't think of a single contract or agreement that I've ever seen where the French conditional would have been appropriately translated as an English conditional.
2 hrs
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): -1
the liability of X was sought to be established..


Explanation:
subjunctive in English..no would for this kind of conditionel in French..

were it to be sought....in the event but here

the liability of x makes it into> was sought to be established..

or you have to say what the subject is:

In the event [your context: subject of the sentence] seeks to establish the liability of x..

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Note added at 5 hrs 29 mins (2005-04-05 22:35:48 GMT)
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Dans le cas où la responsabilité de xxx serait recherchée à raison d\'un manquement par un Inscrit aux obligations qui lui incombent aux termes de la loi

Final: In the event any party seeks to establish the liability of XXX

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Note added at 5 hrs 29 mins (2005-04-05 22:36:19 GMT)
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the on in French - any party..now you have a translation...

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Note added at 8 hrs 7 mins (2005-04-06 01:13:47 GMT)
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Here\'s the literal: In the event one were to seek to establish XX\'s liability..that is what the French says and awkwardly too...

Here is what they mean: In the event XXX is found liable for [whatever]

the French is not very good...

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Note added at 8 hrs 11 mins (2005-04-06 01:18:13 GMT)
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Further note to Dennis

In the event,if used like the French has it..without using one in English, is awkward, just like the French..
and would therefore call for a subjunctive in English and would have to be: In the event the liability of X was sought to be established...that in fact mirros the awkwardness of the French, which, to be not awkward,

Dans le cas où la responsabilité de xxx serait mis en cause à raison d\'un manquement par un Inscrit aux obligations qui lui incombent aux termes de la loi


Jane Lamb-Ruiz (X)
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 610

Peer comments on this answer (and responses from the answerer)
disagree  Dennis Mahony: "Seeks to establish the liability of" is a labored rendering of a word that, according to Cassell's bilingual, means "to investigate, to make an inquiry into". Give credit where due: you've abandoned your initial past tense post in favor of my present.
4 hrs
  -> C'mon Dennis..I meant subjunctive..and I meant: in the event such and such were to...ie the conditionl in French is rendered by in the event...were to..but here it's impossible ..the problem here is the French is bad

neutral  Christopher RH: neutral as to meaning, though it is far too "lourd" - but the use of this construction in French is most certainly NOT bad.
19 hrs

neutral  gad: I'm not so sure about this
1 day 5 hrs
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2 hrs   confidence: Answerer confidence 5/5
is under investigation


Explanation:
Plain vanilla present tense. In question is a possibility: "Dans le cas où" - not an event that has occurred.

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Note added at 12 hrs 21 mins (2005-04-06 05:28:08 GMT)
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Note to J. Lambe-Ruiz: Don\'t tell me to \"C\'mon\". It\'s not anyone\'s job to read your mind, particularly when that mind is so wise only in hindsight. Nor is anyone obliged to take seriously your logorrheic ramblings all over the map, invoking several different tenses and several different translations of the root verb, particularly when all but the initial one came after my own elucidations. Try to get some integrity. And don\'t you dare ever address me familiarly again.

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Note added at 12 hrs 24 mins (2005-04-06 05:31:05 GMT)
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Note to J. Lambe-Ruiz: Don\'t tell me to \"C\'mon\". It\'s not anyone\'s job to read your mind, particularly when that mind is so wise only in hindsight. Nor is anyone obliged to take seriously your logorrheic ramblings all over the map, invoking several different tenses and several different translations of the root verb, particularly when all but the initial one came after my own elucidations. Try to get some integrity. And don\'t you dare ever address me familiarly again.

Dennis Mahony
Local time: 13:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
neutral  Jane Lamb-Ruiz (X): I think it is subjunction..in the event one were to seek to establish liability
3 hrs
  -> "Subjunction" is not a name for the subjunctive; it is simply the noun form of the verb "to subjoin" (Webster's 3rd Int'l, unabr'd). The fact remains that the past tense ("was sought") is entirely inappropriate for a hypothetical event.

neutral  CMJ_Trans (X): With all due respect, "rechercher" here means making an attempt to establish something, not 'investigating'. On the tense issue (in all senses of the term) I prefer to keep my distance
10 hrs
  -> Supporting evidence, please?

neutral  Christopher RH: I agree entirely with CMJ Trans - "investigation" implies the intervention of an investigating authority, which is not the case for "rechercher la responsabilité".
1 day 11 hrs
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
In the event of an attempt to......


Explanation:
you could actually avoid the issue very neatly in the above way.

This is a classic use of the conditional in French for something hypothetical. It corresponds to "if something were to be done" in English...

CMJ_Trans (X)
Local time: 19:40
Native speaker of: Native in EnglishEnglish
PRO pts in category: 156
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19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Were legal action to be taken against XXX for allegedly failing to meet his duties under the law


Explanation:
Or something like that, with subjunctive elegantly (IMO) eliminating the "if".

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Note added at 19 hrs 25 mins (2005-04-06 12:32:22 GMT)
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How my name came to be posted in the votes for Pro/Easy reclassification, I don\'t know. Must have been a slip of the mouse finger. I really don\'t care ....

Bourth (X)
Local time: 19:40
Native speaker of: Native in EnglishEnglish
PRO pts in category: 254

Peer comments on this answer (and responses from the answerer)
neutral  Christopher RH: fine by me, but it is NOT due to a failure by xxx - it is where the "Inscrit" acts unlawfully
2 hrs
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21 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
is sought


Explanation:
The simplest solution if you want to keep the sentence structure.

"if the liability of xxx is sought due to infringement by the Subscriber of its statutory obligations"


but I would prefer:

*** "Where a claim is made against xxx as a consequence of a Subscriber's infringement of obligations imposed on said Subscriber by law.." ***

Christopher RH
Local time: 19:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 164
Grading comment
Thanks. I liked this option best: Where a claim is made against...

Peer comments on this answer (and responses from the answerer)
agree  gad: yes, KISS
9 hrs
  -> thanks :)
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