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appels en garantie

English translation: activation of guarantees

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:appels en garantie
English translation:activation of guarantees
Entered by: Theodore Bagwel
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10:21 Dec 28, 2010
French to English translations [PRO]
Law/Patents - Law (general) / court proceedings
French term or phrase: appels en garantie
Pursuant to a "Protocole de cession". Company A undertook to sell all of its shares to Company B.

In that doc, Company A makes certain reps & warranties to Company B, regarding the sale of the shares, in the form of a "convention de garantie".

Company A covenants to indemnify Company B if any losses result from the reps & warranties made by Company A.

Losses do indeed ensue as a result of said reps & warranties and Company B "fait des appels en garantie" to Company A, in order for the latter to "prendre en compte ces appels en garantie".

Thanks for your help.

N.B. I'm aware of the other entries for "appel en garantie" but the meaning is different here.
Theodore Bagwel
activation of guarantees
Explanation:
The Eur-Lex reference (cited below) seems to fit your context. There are other instances on Eur-Lex that look quite similar.

But as you have seen on Proz (and as Nikki Scott-Despaigne points out), other translations are possible, and the GDT gives "introduction of third parties" as a translation (droit). Also, I think I have seen "calls" used elsewhere... So context is really important.


Selected response from:

cc in nyc
Local time: 06:14
Grading comment
thank you
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2activation of guaranteescc in nyc
4 +1call upon third party warranties
Nikki Scott-Despaigne
5makes calls under the warrantyJohn Moore
4invokes the guaranteesjoehlindsay


Discussion entries: 7





  

Answers


53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
call upon third party warranties


Explanation:
I would tend to disagree with you that there is any difference in fundamental meaning to that which is usually understood here. There has been default and so the third parties are bing called upon to provide the cover they have undertaken to provide. Probably just a question of how to phrase it.

My suggestion in the 'target term' box is perhaps not that helpful. Can you give the original in full context, an extract of the paragraph, whatever, then you will no doubt get a number of suggestions of how you might phrase it.

Nikki Scott-Despaigne
Local time: 12:14
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 424
Notes to answerer
Asker: Many thanks


Peer comments on this answer (and responses from the answerer)
agree  fourth
22 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
activation of guarantees


Explanation:
The Eur-Lex reference (cited below) seems to fit your context. There are other instances on Eur-Lex that look quite similar.

But as you have seen on Proz (and as Nikki Scott-Despaigne points out), other translations are possible, and the GDT gives "introduction of third parties" as a translation (droit). Also, I think I have seen "calls" used elsewhere... So context is really important.




Example sentence(s):
  • [...] les règles actuelles prévoient un taux de provisionnement du Fonds plus élevé si ses ressources passaient au-dessous de 75 % du montant objectif en raison des appels en garantie effectués par suite de défaillance.
  • [...] the current rules provide for a higher provisioning rate of the Fund if its resources fall below 75 % of the target amount as a result of the activation of guarantees following default.

    Reference: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2...
    Reference: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2...
cc in nyc
Local time: 06:14
Native speaker of: English
PRO pts in category: 209
Grading comment
thank you

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: I too had consulted the EurLex and quite liked activation too. I guess my experience in proection and indemnity insurance made "call" come to mind, either as a verb or a noun.
2 hrs
  -> Thank you for your comment.

agree  fourth
21 hrs
  -> Thank you.
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2 hrs   confidence: Answerer confidence 5/5
fait des appels en garantie
makes calls under the warranty


Explanation:
1) The legal meaning of <un appel en garantie> is <a proceeding against the guarantor which may take the form of giving third-party notice> [source: The Council of Europe French-English Legal Dictionary, published by Editions du Conseil de l Europe].

2) Since the warranty was provided by Company A, no third party is involved and no third party notice is required, as it would be if Company As obligations were guaranteed by a bank, for example.

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Note added at 4 hrs (2010-12-28 14:46:36 GMT)
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Alternative translation: <makes claims<b/> under the warranty>

John Moore
United Kingdom
Local time: 11:14
Specializes in field
Native speaker of: English
PRO pts in category: 12
Notes to answerer
Asker: thank you

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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
invokes the guarantees


Explanation:
I think this is a common way to express that thought. You should get a lot of hits on google to confirm.

joehlindsay
Local time: 05:14
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
Notes to answerer
Asker: thank you

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