Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
15:40 Apr 7, 2005
French to English translations [Non-PRO] Law/Patents - Law: Contract(s)
French term or phrase:onereux et adhesion
Text about French employment law.
Context : "Le contrat de travail est un contrat synallagmatique, onereux, a executions successives. c'est generalement un contrat d'adhesion."
Explanation: Onerous, burdensome, taxing: Not easily borne; wearing
Adhesion contract: A standardized set of agreements offered by one (usually the stronger) party to another on a ``take it or leave it'' basis. An insurance policy is an example of such a contract. The insurer offers a personal auto policy, for example, that an individual may ``adhere to'' (or not) but in any case the individual may not change any of its terms. Because it has the stronger position, the insurance company has the burden to spell out its terms precisely. Such contracts are interpreted strictly against the author of the contract. Not to be confused with aleatory contract. www.imms.com/insglos/agloss.htm
Luiza Modesto Brazil Local time: 07:23 Native speaker of: English, Portuguese
Explanation: Eurodicautom provides "agreement contract" as a translation for "contrat d'adhesion". I would hesitate to use that, though, as a contract is basically an enforceable agreement (if it's written up properly!). Overall, it looks to me that the paragraph could be reworked somewhat with these phrases.
Patrice United States Local time: 03:23 Specializes in field Native speaker of: English PRO pts in category: 12
entered into for consideration / standard-form contract
Explanation: "onéreux": not gratuitous. Therefore "for consideration" or "with legal consideration".
I have used "onerous" but as another KudoZ contributor remarked, an "onerous contract" in English law is one which is _too_ burdensome, thus allowing one party to escape the contract under certain circumstances (such as in liquidation).
"contrat d'adhésion": a whole notion unto itself in French law for "standard-form" or take-it-or-leave-it contracts. i.e. the terms are not negotiated or even negotiable. The French Courts sometimes use the notion to interpret contract terms against the party that proposed the contract, but the notion is only really valid in consumer law (unfair contract terms, EC Directive 93/13 etc).