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de dernière part

English translation: for the last part

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14:27 Aug 28, 2014
French to English translations [PRO]
Bus/Financial - Law: Contract(s) / contract
French term or phrase: de dernière part
What do I do when not only do I have 'd'une part' and 'd'autre part' at the start of the contract, but also 'de deuxième part', 'de troisieme part' and so on, ending with 'de dernière part'?
I usually translate this as 'on the one hand' and 'on the other hand', but surely I can't have more than two hands?! Is there another standard way of phrasing this in legalese?
janisct
Local time: 00:42
English translation:for the last part
Explanation:
if you say "for the first part...second part... etc. this may overcome the problem. It is acceptable legalese.
Selected response from:

njrobertson
United Kingdom
Local time: 00:42
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2the third party
B D Finch
4 +1for the last partnjrobertson
4Finally
Josephine Cassar
4of (the fourth and) last partxxxAdrian MM.
3as the last party
Gaurav Sharma


Discussion entries: 4





  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
for the last part


Explanation:
if you say "for the first part...second part... etc. this may overcome the problem. It is acceptable legalese.

njrobertson
United Kingdom
Local time: 00:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: All three answers are fine in my opinion, but you were first.
3 hrs
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9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Finally


Explanation:
you do not need to use 'part' all the time, except for the first 2-on one hand; on the other hand, then firstly, secondly, thirdly and finally

Josephine Cassar
Local time: 01:42
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in MalteseMaltese
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I have never seen this used in practice (and I have seen countless Enlish contracts)
1 day 1 hr
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30 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
as the last party


Explanation:
I always write it as As first party, as second party, ...... as final or last party

I hope this will help you.
http://www.adamsdrafting.com/having-parties-date-their-signa...
http://publiccontracting.blogspot.in/2010/06/what-date-contr...

--------------------------------------------------
Note added at 4 hrs (2014-08-28 18:31:33 GMT)
--------------------------------------------------

Here is the reference:- The concept of execution as a deed does not apply. Schedules, strictly speaking, must specifically refer to the agreement they are intended to form part of, by reference to the parties’ names. There is no convention of specifying the date of the agreement at the front, with that being governed by reference to the date of the last party executing it. Equally, signature of multiple counterpart agreements by different parties will not result in a binding agreement – at least one copy must be signed by all parties.

From a UK site:- http://www.inhouselawyer.co.uk/index.php/scotland-home/10167...

Gaurav Sharma
India
Specializes in field
Native speaker of: English
Notes to answerer
Asker: That sounds good. I just wonder if it's standard practice in British law, as I have to be accurate.


Peer comments on this answer (and responses from the answerer)
neutral  B D Finch: Very unlikely that "part" should be translated as "party". Also one would not call any of the parties to a contract "the last party", one would continue the numbering to the umpteenth Party, with a capital "P".
1 hr
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
the third party


Explanation:
https://www.bhf.org.uk/plugins/.../idoc.ashx?docid=b7538271....
A plain English guide to risk assessment and legal liability for .... For these purposes the first party is the Heart Support Group as the insured party in ... The second party is the insurance company as the second party in the insurance contract.

I was going to suggest "the Party of the third part", but, on second thoughts, that is a bit antiquated. The old-fashioned version does have the advantage of making it clear that they are not a third party in the other sense of the term. So I would suggest it as an alternative.

http://www.mycoracle.com/news/opinions/unobfuscated-synergis...
"Lawyers don’t say things like ‘the party of the first part’ for the hell of it; they say them to stop other people becoming lawyers."

Nonetheless, that form of words was once the standard way of putting it:

planningonline.southwark.gov.uk/DocsOnline/Documents/278733_1.pdf
" WHEREAS: (A). The Developer wishes to construct ..... the party of the second part hereto which shall. (unless the context otherwise requires) ..."

--------------------------------------------------
Note added at 4 hrs (2014-08-28 19:18:40 GMT)
--------------------------------------------------

moderngov.southwark.gov.uk/.../Item%202%20-%20Draft%20Affordab...
"- W H E R E A S : Section 106 of the Town and Country ... the party of the second part hereto which shall include its successors and assigns from ..."

I also have a preference for using a capital letter for anything that is listed in the definitions, especially if it replaces use of a proper name, as this indicates that the word is used in a specific sense.

B D Finch
France
Local time: 01:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 313
2 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: or fourth party, if there are 4 parties; why complicate (or antiquate) it?; I would prefer capital "P" though
52 mins
  -> Third party because the Asker revealed that there are three parties. See discussion. I agree about capital "P": see above. I only put it l.c. because most of the refs seemed to do so, but I did not I prefer u.c..

agree  Yolanda Broad
1 day 29 mins
  -> Thanks Yolanda
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
of (the fourth and) last part


Explanation:
NB legal drafting of a Purchase Deed in English & Wales unregd. conveyancing vs. US contracts:

Where are 2 parties:

A of the one part and B of the other part (US/Can: of the first part and of the second part)

Where there are more than two parties in the UK (and Ireland):

A of the first part
B of the second part
C of the third part
D of the fourth part
E of the fifth part
F of the sixth part
G etc. > there is no 'last part'.


    Reference: http://www.proz.com/kudoz/french_to_english/bus_financial/23...
xxxAdrian MM.
Local time: 01:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 348
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