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KudoZ home » French to English » Law: Contract(s)

non-realisation de la condition resolutoire

English translation: non-fulfillment of the resolutory condition

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:non-realisation de la condition resolutoire
English translation:non-fulfillment of the resolutory condition
Entered by: French2English
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11:23 Apr 27, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s) / purchase deed
French term or phrase: non-realisation de la condition resolutoire
I have checked the glossaries and I know what a 'condition resolutoire' is, but I am not sure of the applicable verb in English here - does one 'exercise' a resolutory condition - or 'fulfil' it - or 'accomplish' it? Or 'execute' or 'apply' it, perhaps? Can anyone help? Would be most grateful!

CONSTATATION DE LA NON REALISATION
DE LA CONDITION RESOLUTOIRE
La constatation de la non réalisation de la condition résolutoire résultera d’un dépôt au rang des minutes de la Société Civile Professionnelle dénommée en tête des présentes, de toutes pièces justificatives de l’absence de recours à l’encontre de l’arrêté de permis de construire sus-visé et de l’obtention du caractère définitif dudit arrêté (attestation par la commune d’une non-notification de recours selon les modalités de l’article R 600-1 du Code de l’Urbanisme et de non retrait administratif) dont les frais incomberont de manière exclusive à la société LA COMPAGNIE.
French2English
United Kingdom
Local time: 12:31
non-fulfillment of the resolutory condition
Explanation:
GR No. L-14617
The right of Hanlon to require any further aid or assistance from these defendants after May 6, 1914, was expressly subordinated to a resolutory condition, and the contract itself declares in precise language that the effect of the non-fulfillment of the condition shall be precisely the same as that which the statute attaches to it — the extinction of the obligation
www.lawphil.net/judjuris/juri1920/feb1920/gr_l-14617_1920.h... - 62k - Cached - Similar pages
Selected response from:

Enza Longo
Canada
Local time: 07:31
Grading comment
In the meantime I had pretty much decided this was what it meant, but needed confirmation. I was hesitating between this and 'condition subsequent' - but I feel that 'resolutory condition' was appropriate here. All answers helpful and my thanks to all contributors.
3 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4non-fulfillment of the resolutory condition
Enza Longo
4 +1non-performance/satisfaction of the condition subsequent (Scots law: resolutive cond.)xxxAdrian MM.
3 -1Knowledge that a suspensive condition has not been meant/fulfilled/satisfiedMatthewLaSon


Discussion entries: 2





  

Answers


30 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
non-fulfillment of the resolutory condition


Explanation:
GR No. L-14617
The right of Hanlon to require any further aid or assistance from these defendants after May 6, 1914, was expressly subordinated to a resolutory condition, and the contract itself declares in precise language that the effect of the non-fulfillment of the condition shall be precisely the same as that which the statute attaches to it — the extinction of the obligation
www.lawphil.net/judjuris/juri1920/feb1920/gr_l-14617_1920.h... - 62k - Cached - Similar pages

Enza Longo
Canada
Local time: 07:31
Specializes in field
Native speaker of: English
PRO pts in category: 22
Grading comment
In the meantime I had pretty much decided this was what it meant, but needed confirmation. I was hesitating between this and 'condition subsequent' - but I feel that 'resolutory condition' was appropriate here. All answers helpful and my thanks to all contributors.

Peer comments on this answer (and responses from the answerer)
agree  Michael Jones
11 mins
  -> thanks, Michael

agree  Victoria Burns:
1 hr
  -> thanks, Victoria

agree  Aude Sylvain:
1 hr
  -> thanks, Aude

agree  Michael Lotz
3 hrs
  -> thanks, Michael

disagree  Attorney DC Bar: "Resolutory condition" is not really a concept in Anglo-American law.
5 hrs
  -> the asker mentioned that she already knew that the translation for condition resolutoire was resolutory condition

agree  MatthewLaSon: I don't understand the disagree above -- at all.
1 day15 hrs
  -> Thanks, Matthew...neither do I
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
non-performance/satisfaction of the condition subsequent (Scots law: resolutive cond.)


Language variant: England & Wales; Scotland

Explanation:
What's this resolutory condition - no refs. to IATE are acceptable.

The term is Scots law is resolutive whilst the question doesn't suggest use of the tarns. North of the Border.

Example sentence(s):
  • 5 But non-performance of a condition precedent is regarded as a default of ... in distinguishing between conditions precedent and conditions subsequent, ...

    Reference: http://links.jstor.org/sici?sici=0010-1958(191003)10%3A3%3C2...
xxxAdrian MM.
Local time: 13:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 348

Peer comments on this answer (and responses from the answerer)
agree  Attorney DC Bar: Yes, condition subsequent. And they're satisfied/met, or not.
24 mins
  -> Thanks. Non-meeting of a cond. SUBSEQUENT was another permutation I was thinking of, but wanted to keep the answer within limits.
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16 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
Knowledge that a suspensive condition has not been meant/fulfilled/satisfied


Explanation:
Hello,

non-réalisation = non-fulfillment

condition résolutoire = suspensive condition (I'm pretty sure this is well-understood in the anglophone world.

constatation = knowledge (what you observe/know)

I would "de-nominalize" the English translation, but that's entirely up to you.

I hope this helps.

--------------------------------------------------
Note added at 16 மணிகள் (2008-04-28 03:52:41 GMT)
--------------------------------------------------

Knowledge that...will result in...


    Reference: http://www.propertylawyers.co.za/index.php?6_us=6
MatthewLaSon
Local time: 07:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314

Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: 'Suspensive condition' would be 'condition suspensive' not 'condition resolutoire'. And a 'condition suspensive' is a 'condition precedent', the opposite of a 'condition resolutoire', or 'condition subsequent'.
3 hrs
  -> Have you read the definition of "supsensive condition"? I have no clue what you're talking about.
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