préalablement à l'objet des présentes

English translation: prior to the subject matter hereof....

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

French term or phrase:	préalablement à l'objet des présentes
English translation:	prior to the subject matter hereof....
Entered by:	piazza d

10:07 Mar 23, 2013

French to English translations [Non-PRO]
Law/Patents - Law: Contract(s)

French term or phrase: préalablement à l'objet des présentes

For context as is obvious this comes from a legal contract.

Chacun des signataires agissant en vertu des pouvoirs qui leur sont conférés et qui demeureront ci-annexés (Annexe 2).
Ci-après dénommée(s) séparément ou ensemble la (ou les) « Partie(s) »
PREALABLEMENT A L’OBJET DES PRESENTES, IL A ETE RAPPELE CE QUI SUIT :
Les sociétés XXX et … exercent une activité de recouvrement de créances.
La société XXX ayant décidé d’externaliser une partie de son activité, elle a contacté la société …

Thanks for any help, James

James Greenfield KudoZ activity Questions: 67 (none open) (2 closed without grading) Answers: 23 United Kingdom
Local time: 09:49

prior to the subject matter hereof....

Explanation:
a suggestion

Selected response from:

piazza d
France
Local time: 10:49

Grading comment

thanks very much
4 KudoZ points were awarded for this answer

Summary of answers provided

4 +2

prior to the subject matter hereof....

piazza d

3 +1

prior to the business at hand

SafeTex

Summary of reference entries provided

On "whereas"

Nikki Scott-Despaigne

Discussion entries: 9

Daryo

United Kingdom

17:10 Mar 23, 2013

Glossaries - Proz or otherwise - are always of limited use. To be sure of selecting the right term, you need to be sure that your ST context is the same as the context in which your term was used when the translation was added to the glossary. Not always possible to check, so many glossaries turn out to be quite misleading - what was an acceptable "near-translation" in some other context (often not specified clearly enough in the glossary) can be plain wrong for your ST.

Anyway, regarding "Préalablement aux présentes [dispositions], les parties ont exposé et rappelé ce qui suit" -- it's plainly a preambule - a reminder of facts before getting to the main business of a contract - recording what was agreed between the parties

As to deciding to which extent you should "localise" / "adapt" the style of the contract to the usage in the target, that's another problem. I would tend to stay as close as possible to the ST. If the ST states "here is a reminder of facts" I would leave it like that, although "whereas" ends up saying more or less the same.

writeaway

ok. whereas can be used

17:10 Mar 23, 2013

but I'd suggest that Asker take some time to read up on this.

papier

Brazil

17:08 Mar 23, 2013

Whereas is a good solution. But again, is this a contract written or signed in which country?

Nikki Scott-Despaigne

16:53 Mar 23, 2013

Agree with Phil. "Whereas" is the way round one.

writeaway

it's more of a preamble

16:30 Mar 23, 2013

than a whereas clause imo

philgoddard

United States

15:54 Mar 23, 2013

Like the asker, I don't know what was suggested on the previous occasions this question was asked, but I don't agree with the literal translations proposed here. I would translate PREALABLEMENT A L’OBJET DES PRESENTES, IL A ETE RAPPELE CE QUI SUIT simply as WHEREAS, which is the standard formula at the beginning of an English contract.

SafeTex

France

Writeaway's comments

12:03 Mar 23, 2013

What I do like about Writeaway is that he says what he thinks even if it is no fun having him on your back sometimes.
Personally, I don't find the Proz glossaries easy to use and even confusing
It would be a good idea however if certain askers made a bit more effort to research terms before asking us for help

writeaway

2.1 (Guideline): "Help"

10:51 Mar 23, 2013

KudoZ should be used for requesting terms help only after other resources have been exhausted. Resources available include the KudoZ archives (KudoZ > ProZ.com Term Search from the main menu), dictionaries, search engines, etc. If translations are found elsewhere and the decision to post a KudoZ question is made nevertheless, information found elsewhere should be included, along with an explanation of what further information is sought.

writeaway

Kudoz glossary and Fr-En dictionaries

10:50 Mar 23, 2013

All these words can be found by consulting the Kudoz glossary and/or Fr-En dictionaries prior to posting a question. Unless there is a special or particular problem, which doesn't seem to be the case as shown by the context provided. This is all boilerplate contract language in any case.
See content above: http://www.proz.com/?sp=siterules&mode=show&category=kudoz_a...

Answers

32 mins confidence:

peer agreement (net): +2

prior to the subject matter hereof....

Explanation:
a suggestion

piazza d
France
Local time: 10:49
Native speaker of: French
PRO pts in category: 35

Grading comment

thanks very much

33 mins confidence:

peer agreement (net): +1

prior to the business at hand

Explanation:
The exact terminology will depend on the relationship of what is said prior to and what is said during the meeting.
The expression could be used for a relatively unrelated event like the naming of a new board member but could also be used to remind the participants of sth of major importance to their meeting

--------------------------------------------------
Note added at 36 mins (2013-03-23 10:44:04 GMT)
--------------------------------------------------

ooop. I didn't use an reformulate piazza d's suggestion but we posted at almost the same time.

SafeTex
France
Local time: 10:49
Works in field
Native speaker of:

English
PRO pts in category: 52

Reference comments

7 hrs

Reference: On "whereas"

Reference information:
The term has its "antis" ! Widely accepted solution, but you don't necessarily have your hands tied.

http://www.translegal.com/drafter/whereas

Whereas is the archetypal legalism. It has been with us since the dawn of our legal system, and many lawyers think that it is high time that whereas was retired. It usually appears in Gothic print, perhaps because it belongs to that era. One popular writer on modern legal usage warns that “whereas can be trouble, despite its innocuous appearance. The reader as well as the writer needs to be especially careful about whatever follows it.” B. Garner, Modern Legal Usage (1987).

Whereas means literally “given the fact that” and it used to be every lawyer’s idea of how to begin a contract. The “whereas clause” of a contract functions as an introduction or preamble and it is not a part of a contract’s operative provisions.

Drafter’s Tip

Instead of prefacing each introductory fact by whereas, the more modern way to draft a contract is to begin with a section headed “Recitals” or an introductory statement, such as: “This contract is made with reference to the following facts.” In the Recital format you can, for example, introduce the subject matter of the contract and state the objective of the parties. For example:

Recitals

The respective Boards of Directors of X Corp, and Conglomerate have approved the merger of X Corp with and into Conglomerate (the “Merger”) upon the terms and subject to the conditions of this Agreement and in accordance with the Business Corporation Act of the Jurisdiction; and

The respective Boards of Directors of X Corp and Conglomerate have determined that the Merger is in furtherance of and consistent with their respective business strategies and is in the best interest of their respective shareholders.

Nikki Scott-Despaigne
Specializes in field
Native speaker of:

English
PRO pts in category: 172

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préalablement à l'objet des présentes

English translation: prior to the subject matter hereof....

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