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dûment justifiées

English translation: see explanations

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09:19 Aug 31, 2006
French to English translations [PRO]
Law/Patents - Law: Contract(s) / contract - service provision
French term or phrase: dûment justifiées
To what does the 'dûment justifiées' belong - the absences non conventionnelles or the 24 heures? I have become a little lost here. Does it mean that the SERVICE PROVIDER (in this case) must justify to the CLIENT within 24 hours any unusual/abnormal absences or else they'll be in breach of contract? That's my understanding of this - but am I correct? Or have I got the 24 hour bit wrong?

Le PRESTATAIRE s’engage à informer LE CLIENT, en cas d’absences non conventionnelles dans un délai de 24 (vingt quatre) heures dûment justifiées, sous peine de rupture abusive des termes du présent contrat par le PRESTATAIRE.
French2English
United Kingdom
Local time: 18:29
English translation:see explanations
Explanation:
grammatically the "dûment justifiées" applies to the 24 hours it is therefore the TIME that has to be justified

In the event of....., the SERVICE PROVIDER shall undertake to inform the CLIENT (of these "absences" - whatever they are here) within a duly justified period of 24 hours, failing which the service provider shall be deemed to have.....

As for the final wording, I leave that to you......
Legal is not my bag but I hope to have cleared up the meaning for you

--------------------------------------------------
Note added at 15 mins (2006-08-31 09:35:24 GMT)
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so they have to report within 24 hours and be able to demonstrate that they have not overrun this time allowance
Selected response from:

xxxCMJ_Trans
Local time: 19:29
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2duly justified
Francis MARC
4 +2see explanationsxxxCMJ_Trans
4appropriately/properly justifiedMatthewLaSon
3I would askCharlie Bavington


Discussion entries: 2





  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
duly justified


Explanation:
Legal Aspects of Contemporary Marine Fisheries - [ Traduire cette page ]An adjournment shall be allowed only in the event of the duly justified absence from the proceedings of a person who must be heard and whose testimony is ...
cdserver2.ru.ac.za/cd/011120_1/Aqua/Marine%20Fisheries/ARTICLES/ANGOLA2.HTM - 17k - En cache - Pages similaires


Cameroon. Labour Code, 1992 - [ Traduire cette page ](4) In the case referred to in the foregoing subsection, the judgment shall make mention of the duly justified absence of one or both of the assessors. ...
www.ilo.org/dyn/natlex/docs/WEBTEXT/31629/64867/E92CMR01.ht... - 170k - En cache - Pages similaires


[PDF] 1. Creation of groups of the Members of the CommissionFormat de fichier: PDF/Adobe Acrobat - Version HTML
In the event of a duly justified absence of a Member of the Commission, he or. she may be represented by his or her Chef de cabinet. Other Members of ...
ec.europa.eu/reform/pdf/groups_en.pdf



Francis MARC
Lithuania
Local time: 20:29
Native speaker of: Native in FrenchFrench
PRO pts in category: 154

Peer comments on this answer (and responses from the answerer)
agree  Assimina Vavoula
2 hrs

neutral  writeaway: as CMJ says, it's the time (heures) that have to be 'justifiées', not the absences
2 hrs

agree  MatthewLaSon: I agree with you. They are referring to the absences. If it were "délai de 24 heures", "justifié" would be left in the singular masculine form, modifying the noun "délai".
1 day18 hrs
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11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
see explanations


Explanation:
grammatically the "dûment justifiées" applies to the 24 hours it is therefore the TIME that has to be justified

In the event of....., the SERVICE PROVIDER shall undertake to inform the CLIENT (of these "absences" - whatever they are here) within a duly justified period of 24 hours, failing which the service provider shall be deemed to have.....

As for the final wording, I leave that to you......
Legal is not my bag but I hope to have cleared up the meaning for you

--------------------------------------------------
Note added at 15 mins (2006-08-31 09:35:24 GMT)
--------------------------------------------------

so they have to report within 24 hours and be able to demonstrate that they have not overrun this time allowance

xxxCMJ_Trans
Local time: 19:29
Native speaker of: Native in EnglishEnglish
PRO pts in category: 203
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  writeaway: wouldn't the time have to be proven or confirmed, not justified?
2 hrs
  -> I presume it means "pièces justificatives" but, as I said, I wouldn't even attempt to do legal.

agree  xxxdf49f: yes the 24h deadline must be duly "justified/proven/backed up/evidenced..."
3 hrs

agree  juliebarba
11 hrs

disagree  MatthewLaSon: I don't agree with you. See below in my explanation.
1 day19 hrs
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14 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
I would ask


Explanation:
Grammatically, it may well appear that DJ qualifies the 24 hours, but that doesn't make any kind of sense, however you try to twist it. How can you "justify" a period of time like that?

Look at it this way - forget the DJ for a bit: the provider is to notify the client in the event of unauthorised absence within 24 hours or risk being in breach of contract.
Now, you need to add "duly justified" (loose translation, they mean backed up with evidence/supporting documentation/whatever).
What is it LIKELY that you're gonna have to "justify?
I humbly submit it's the reason for the unauthorised absence, and not the number of hours you took to report it.

Which apart from being the most logical, common sense interpretation, would also be the case if there were a comma there (or an "et").
It's also worth noting that Francis, a native speaker, immediately interpreted it as being the absence that was being qualified.

However, whilst this may (is almost certainly, IMO) be the intention, that is not, arguably, what it says, so I'd either ask the client or, if time does not permit, I'd translate it according to common sense and add a note.

There is also an ambiguous solution:
...in the event of unauthorised absence within a period of 24 hours, with due justification, or risk....
or something along those lines.


Charlie Bavington
Local time: 18:29
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 106
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1 day19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
appropriately/properly justified


Explanation:
Hello,

I'd like to say that "justifiées" is referring to "absences", not "heures". If can't be referring to "heures." Why? Because "heures" is attached to "délai." So, if it were the time deadline that needs to be appropriately justified, "justifié" would be in the singular masculine form, modifying "délai". It's that simple.

dûment = duly/appropriately/properly/fittingly
justifié = justified

I prefer "appropriately justified."

I hope this helps.

MatthewLaSon
Local time: 13:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314
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