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caractère substantiel

English translation: A question of definition...

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08:00 Nov 21, 2001
French to English translations [PRO]
Law/Patents - Law: Contract(s) / contracts
French term or phrase: caractère substantiel
This is from a contract between two parties for provision of services.

XXX et YYY reconnaissent que les engagements définis ci-après ont un caractère substantiel sans lesquels elles n’auraient pas contracté.

I've found "legal relevance", but I'm not sure whether it fits here. Any help appreciated!
Erika Pavelka
Local time: 03:15
English translation:A question of definition...
Explanation:
Any provision forming part of a contract can be referred to as a term. A term may be a condition or a warranty, the disitnction being made by the degree of importance of the particular provision in the contract concerned.

A condition is a major term of a contract. It is frequently described as being a term that "goes to the root of teh contract" or as being the "essence of a contract". It is contrasted with warranty, which is a term of minor importance. Breach of a condition, for example, constitutes a fundamental breach of the contract and entitles the injured party to consider the contract as discharged. Breach of a warranty is remediable only by an action for damages.

"...that the undertakings set out below are fundamental terms (go to the root of the contract / are at the essence of the contract) without which the parties would not have ..."
Selected response from:

Nikki Scott-Despaigne
Local time: 09:15
Grading comment
Thanks Nikki! I really appreciate the detailed explanation.

-Erika
4 KudoZ points were awarded for this answer

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Summary of answers provided
5A question of definition...
Nikki Scott-Despaigne
4In support of Maria and Jeff
Maya Jurt
4materiality
LegalTransform
2material
Maria Eugenia Farre


  

Answers


37 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
material


Explanation:
Hi Erika,

I think that in legal contracts the idea of legal relevance is expressed by the adjective "material". Just an educated guess, I hope others can confirm or dismiss this idea.

Maria Eugenia Farre
Brazil
Local time: 05:15
Works in field
Native speaker of: Native in PortuguesePortuguese
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38 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
materiality


Explanation:
from www.granddictionnaire.com

materiality caractère substantiel


Note :
Traduction normalisée par le Programme national de l'administration de la justice dans les deux langues officielles.




[1984]





    Reference: http://www.granddictionnaire.com/_fs_global_01.htm
LegalTransform
United States
Local time: 03:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 14
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
In support of Maria and Jeff


Explanation:
They gave you the term, I was too late. But a still can give you a rough sentence, to translate the meaning in this context:

XX and YY agree on the materiality of the specified (defined) agreemnt, or else they would not have contracted...

Maya Jurt
Switzerland
Local time: 09:15
Native speaker of: Native in GermanGerman, Native in FrenchFrench
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: engagement = undertaking ; définis ci-après = set forth/set out below ; or else to colloquial for context
29 mins
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1 hr   confidence: Answerer confidence 5/5
A question of definition...


Explanation:
Any provision forming part of a contract can be referred to as a term. A term may be a condition or a warranty, the disitnction being made by the degree of importance of the particular provision in the contract concerned.

A condition is a major term of a contract. It is frequently described as being a term that "goes to the root of teh contract" or as being the "essence of a contract". It is contrasted with warranty, which is a term of minor importance. Breach of a condition, for example, constitutes a fundamental breach of the contract and entitles the injured party to consider the contract as discharged. Breach of a warranty is remediable only by an action for damages.

"...that the undertakings set out below are fundamental terms (go to the root of the contract / are at the essence of the contract) without which the parties would not have ..."


    Basic contract law aided and abetted by the Oxford Dictionary of Law, OUP
Nikki Scott-Despaigne
Local time: 09:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 164
Grading comment
Thanks Nikki! I really appreciate the detailed explanation.

-Erika
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