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contrat de dépôt onéreux

English translation: bailment for hire

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13:01 Aug 2, 2004
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: contrat de dépôt onéreux
Les rapports entre les parties de la présente convention sont régis par les dispositions relatives au contrat de dépôt onéreux.

This is a contract governing the rental of nautical equipment.
TesCor -
Canada
Local time: 02:24
English translation:bailment for hire
Explanation:
bailment
n. 1) the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property. Examples: bonds left with the bank, autos parked in a garage, animals lodged with a kennel, or a storage facility (as long as the goods can be moved and are under the control of the custodian). While most are "bailments for hire" in which the custodian (bailee) is paid, there is also "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible, such as when a finder of a lost diamond ring places it with a custodian pending finding the owner. 2) the goods themselves which are held by a bailee. Thus, the "bailor" (owner) leaves the "bailment" (goods) with the "bailee" (custodian), and the entire transaction is a "bailment."
See also: bailee bailor
[dictionary.law.com/default2. asp?selected=27&bold=%7C%7C%7C%7C]


Bailments are divisible into three kinds: 1. Those in which the trust is for the benefit of the bailor, as deposits and mandates. 2. Those in which the trust is for the benefit of the bailee, as gratuitous loans for use. 3. Those in which the trust is for the benefit of both parties, as pledges or pawns, and hiring and letting to hire. See Deposit; Hire; Loans; mandates and Pledges
[http://legal-dictionary.thefreedictionary.com/Bailment]

Judge McMahon rejected the claim that a bailment was ever created. When the organ was originally delivered to the storage warehouse, the relationship was a rental of storage space and not a bailment. The court noted the letter stating the terms of storage described a lease of space rather than a bailment relationship. The plaintiff clearly shared control over the rented space with the building owner. There was no evidence that the building owner undertook any duty to monitor or care for the organ.
The judge then observed that a rental of premises could not be transformed into a bailment by later actions of the landlord, writing, "Tenancies and bailments are two separate and distinct legal relationships, and a contract cannot create both a tenancy and a bailment at the same time." Judge McMahon concluded the building owner may have breached the lease agreement, but he was not a bailee.
[www.insideselfstorage.com/articles/1c1ssagov.html]

Unless otherwise specified, the word "bailment" alone tends to signify a "gratuitous bailment", since words like "hire", "rental", and "loan" cover "bailment for hire" in everyday speech.


--------------------------------------------------
Note added at 24 mins (2004-08-02 13:25:16 GMT)
--------------------------------------------------

\"Dépôt\" here refers to the fact that the equipment is \"deposited\" in the hands of the person hiring it, not to any form of \"deposit\" paid by that person.

Dépôt - Dr. Civ. - Contrat par lequel une personne (le déposant) remet une chose mobilière à une autre (le dépositaire) qui accepted de la garder et s\'engage à la restituer lorsque la demande lui en sera faite.
[Lexique, Termes juridiques, Dalloz]

--------------------------------------------------
Note added at 28 mins (2004-08-02 13:30:01 GMT)
--------------------------------------------------

\"Dépôt\" here refers to the fact that the equipment is \"deposited\" in the hands of the person hiring it, not to any form of \"deposit\" paid by that person.

Dépôt - Dr. Civ. - Contrat par lequel une personne (le déposant) remet une chose mobilière à une autre (le dépositaire) qui accepted de la garder et s\'engage à la restituer lorsque la demande lui en sera faite.
[Lexique, Termes juridiques, Dalloz]

--------------------------------------------------
Note added at 29 mins (2004-08-02 13:30:51 GMT)
--------------------------------------------------

Oops, double vision again.

That\'s the legalese. Depending on context, you might be able to get away with \"hire/rental contract/agreement\".
Selected response from:

xxxBourth
Local time: 08:24
Grading comment
Thank you Bourth for such a concise explanation. Indeed very helpful. Rental contract is what I went with.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3bailment for hirexxxBourth
4 +1contract of payment of a (security) deposit
swisstell
3contract for valuable consideration
Abdellatif Bouhid


Discussion entries: 1





  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
contrat de dépôt onéreux
contract of payment of a (security) deposit


Explanation:
my take - "onéreux" meaning "against payment"


swisstell
Italy
Local time: 08:24
Specializes in field
Native speaker of: German
PRO pts in category: 47

Peer comments on this answer (and responses from the answerer)
agree  Guereau
5 mins

agree  Vicky Papaprodromou
7 mins

disagree  roelens: "dépôt" has a different meaning here. See Bourth's answer
20 mins
Login to enter a peer comment (or grade)

22 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
contrat de dépôt onéreux
contract for valuable consideration


Explanation:
..

Abdellatif Bouhid
Local time: 02:24
Specializes in field
Native speaker of: Native in ArabicArabic, Native in FrenchFrench
PRO pts in category: 39
Login to enter a peer comment (or grade)

20 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
contrat de dépôt onéreux
bailment for hire


Explanation:
bailment
n. 1) the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property. Examples: bonds left with the bank, autos parked in a garage, animals lodged with a kennel, or a storage facility (as long as the goods can be moved and are under the control of the custodian). While most are "bailments for hire" in which the custodian (bailee) is paid, there is also "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible, such as when a finder of a lost diamond ring places it with a custodian pending finding the owner. 2) the goods themselves which are held by a bailee. Thus, the "bailor" (owner) leaves the "bailment" (goods) with the "bailee" (custodian), and the entire transaction is a "bailment."
See also: bailee bailor
[dictionary.law.com/default2. asp?selected=27&bold=%7C%7C%7C%7C]


Bailments are divisible into three kinds: 1. Those in which the trust is for the benefit of the bailor, as deposits and mandates. 2. Those in which the trust is for the benefit of the bailee, as gratuitous loans for use. 3. Those in which the trust is for the benefit of both parties, as pledges or pawns, and hiring and letting to hire. See Deposit; Hire; Loans; mandates and Pledges
[http://legal-dictionary.thefreedictionary.com/Bailment]

Judge McMahon rejected the claim that a bailment was ever created. When the organ was originally delivered to the storage warehouse, the relationship was a rental of storage space and not a bailment. The court noted the letter stating the terms of storage described a lease of space rather than a bailment relationship. The plaintiff clearly shared control over the rented space with the building owner. There was no evidence that the building owner undertook any duty to monitor or care for the organ.
The judge then observed that a rental of premises could not be transformed into a bailment by later actions of the landlord, writing, "Tenancies and bailments are two separate and distinct legal relationships, and a contract cannot create both a tenancy and a bailment at the same time." Judge McMahon concluded the building owner may have breached the lease agreement, but he was not a bailee.
[www.insideselfstorage.com/articles/1c1ssagov.html]

Unless otherwise specified, the word "bailment" alone tends to signify a "gratuitous bailment", since words like "hire", "rental", and "loan" cover "bailment for hire" in everyday speech.


--------------------------------------------------
Note added at 24 mins (2004-08-02 13:25:16 GMT)
--------------------------------------------------

\"Dépôt\" here refers to the fact that the equipment is \"deposited\" in the hands of the person hiring it, not to any form of \"deposit\" paid by that person.

Dépôt - Dr. Civ. - Contrat par lequel une personne (le déposant) remet une chose mobilière à une autre (le dépositaire) qui accepted de la garder et s\'engage à la restituer lorsque la demande lui en sera faite.
[Lexique, Termes juridiques, Dalloz]

--------------------------------------------------
Note added at 28 mins (2004-08-02 13:30:01 GMT)
--------------------------------------------------

\"Dépôt\" here refers to the fact that the equipment is \"deposited\" in the hands of the person hiring it, not to any form of \"deposit\" paid by that person.

Dépôt - Dr. Civ. - Contrat par lequel une personne (le déposant) remet une chose mobilière à une autre (le dépositaire) qui accepted de la garder et s\'engage à la restituer lorsque la demande lui en sera faite.
[Lexique, Termes juridiques, Dalloz]

--------------------------------------------------
Note added at 29 mins (2004-08-02 13:30:51 GMT)
--------------------------------------------------

Oops, double vision again.

That\'s the legalese. Depending on context, you might be able to get away with \"hire/rental contract/agreement\".

xxxBourth
Local time: 08:24
Native speaker of: Native in EnglishEnglish
PRO pts in category: 413
Grading comment
Thank you Bourth for such a concise explanation. Indeed very helpful. Rental contract is what I went with.

Peer comments on this answer (and responses from the answerer)
agree  Elena Petelos
2 mins

agree  roelens: "Dépôt" also tends to to signify "gratuitous", hence the specification "onéreux" ("against payment")
10 mins

agree  xxxKirstyMacC: gratuitous bailment is the opp.
3 hrs
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