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droit contractuel de prescription

English translation: contractual right to deny ....

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:droit contractuel de prescription
English translation:contractual right to deny ....
Entered by: Victoria Burns
Options:
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15:35 Mar 29, 2008
French to English translations [PRO]
Bus/Financial - Law: Contract(s) / General conditions
French term or phrase: droit contractuel de prescription
Company XX "pourra se prévaloir d'un **droit contractuel de prescription** à l'encontre des créances qui n'auraient pas donné lieu de la part du titulaire à presentation de facture......"

From a general conditions of order contract.

Any suggestions for a natural-sounding/ the correct English translation much appreciated.

TIA


Vicky
Victoria Burns
United Kingdom
Local time: 05:32
contractual right to deny ....
Explanation:
This is my guess on this sunny afternoon!
Selected response from:

fourth
France
Local time: 06:32
Grading comment
Thanks fourth, and to everyone who contributed. I eventually went with something like "contractual right to deny any claim not submitted by...."
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +1contractual right to deny ....
fourth
4contractual time limit
AllegroTrans
2law of contractual liabilityliz askew
4 -2contractual statute of limitationsCcilb77


Discussion entries: 2





  

Answers


24 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
contractual right to deny ....


Explanation:
This is my guess on this sunny afternoon!

fourth
France
Local time: 06:32
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 85
Grading comment
Thanks fourth, and to everyone who contributed. I eventually went with something like "contractual right to deny any claim not submitted by...."

Peer comments on this answer (and responses from the answerer)
agree  Zofia Wislocka: and a right one .. :) (to deny, refuse to pay, disregard, reject . etc)
1 hr

neutral  Attorney DC Bar: A contractual right not to honour, to refuse to pay, reject, etc. but not 'deny' because court's deny claims, but debtors or obligors don't, they just refuse to honour/pay them.
1 day47 mins
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35 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
law of contractual liability


Explanation:
The Interaction of Contract Law And Tort And Property Law in ... - Google Books Result
by Christian von Bar, Ulrich Drobnig - 2004 - Law - 541 pages
Prescription 257. General Often still the most important difference, as much in practice as for legal scholarship, between contractual and non-contractual ...
books.google.co.uk/books?isbn=3935808208...


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Note added at 37 mins (2008-03-29 16:12:08 GMT)
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House of Lords - Director General of Fair Trading V First National ...
This principle has been recognised by the Prescription and Limitation (Scotland) Act .... debt rather than of the borrower's greater contractual liability. ...
www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd01102... - 30k - Cached - Similar pages
LLM in Information Technology and Telecommunications Law
CONTRACTUAL AND DELICTUAL LIABILITY FOR DEFECTIVE BUILDINGS .... In Scotland, Section 6 of the Prescription and Limitation (Scotland) Act 1973 states that ...
www.law.ed.ac.uk/eyl/06repChuse.htm - 62k - Cached - Similar pages

liz askew
United Kingdom
Local time: 05:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 41

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: don't see how you get liability out of this
2 hrs
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36 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
contractual statute of limitations


Explanation:
Statute of limitations" is "droit de prescription", and it usually means that after a certain period of time, a culprit cannot be prosecuted charged for the crimes he has committed. I guess the it is here applied to the fact that after some time, a company isn't liable anymore.

http://fr.wikipedia.org/wiki/Prescription_(droit)
http://en.wikipedia.org/wiki/Statute_of_limitations

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Note added at 1 heure (2008-03-29 16:44:59 GMT)
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To answer your asker note below, Victoria, "company XX will HAVE a contractual statute of limitations" fits into this sentence.
(Maybe "will CLAIM", but I'm not really sure.)

Ccilb77
Local time: 06:32
Native speaker of: Native in FrenchFrench
Notes to answerer
Asker: Seems to fit te context perfectly. How does that fit into the sentence - company XX will HAVE a contractual statute of limitations? Is that how it would be said legally? Many thanks!!


Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: "statute of limitations" is statute law (as Liz's refs) - you can't "convert" it to a "contractual statute" - there is no such animal
4 hrs

disagree  Attorney DC Bar: agree with Allegro. A statute of limitations is an act, a law, a bill adopted by the legislature. Contracts can't do that.
1 day36 mins
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
contractual time limit


Explanation:
Parties are imposing a time limit by virtue of the agreement

AllegroTrans
United Kingdom
Local time: 05:32
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 422
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