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conjoints mais non solidaires

English translation: jointly, but not severally,

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00:53 Aug 6, 2004
French to English translations [PRO]
Law/Patents - Law (general) / credit agreement
French term or phrase: conjoints mais non solidaires
Context - credit agreement, terms of the loans to be advanced to one client by 2 different banks.

Sentence - "Les droits et obligations des Banques au titre du Contrat sont conjoints mais non solidaires. En conséquence, aucune des Banques Prêteuses ne pourra être tenu pour responsable de l'inéxecution par l'une des Banques Prêteuses de ses obligations au titre du Contrat."

I understand the distinction being made but don't know how it's properly expressed in English. Thanks.
Stephanie Mitchel
United States
Local time: 08:19
English translation:jointly, but not severally,
Explanation:
From my notes:
<<Conjoint et solidaire Jointly and severally (liable) [Conjoint = jointly, solidaire = severally]>

"conjoints mais non solidaires" / "jointly, but not severally," means that if the partnership of X, Y, & Z is sued and has to pay, if X & Y can pay they will, but if Z cannot pay, it doesn't, and the matter ends there.

If X, Y, & Z are jointly AND severally bound (conjoints et solidaires), then X and Y are bound to pay the share of Z.

<<but where persons may be jointly, but not severally, liable and ... >>
www.ag.gov.bc.ca/courts/civil/ sup_crt_rules/rules/htm/rule_5.htm
Selected response from:

xxxBourth
Local time: 14:19
Grading comment
Thanks Bourth!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +8jointly, but not severally,xxxBourth
4jointly but not solidarily
swisstell


  

Answers


16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
jointly but not solidarily


Explanation:
my take

--------------------------------------------------
Note added at 17 mins (2004-08-06 01:10:57 GMT)
--------------------------------------------------

e.g. the obligations apply jointly but not solidarily

swisstell
Italy
Local time: 14:19
Specializes in field
Native speaker of: German
PRO pts in category: 32
Login to enter a peer comment (or grade)

30 mins   confidence: Answerer confidence 5/5 peer agreement (net): +8
jointly, but not severally,


Explanation:
From my notes:
<<Conjoint et solidaire Jointly and severally (liable) [Conjoint = jointly, solidaire = severally]>

"conjoints mais non solidaires" / "jointly, but not severally," means that if the partnership of X, Y, & Z is sued and has to pay, if X & Y can pay they will, but if Z cannot pay, it doesn't, and the matter ends there.

If X, Y, & Z are jointly AND severally bound (conjoints et solidaires), then X and Y are bound to pay the share of Z.

<<but where persons may be jointly, but not severally, liable and ... >>
www.ag.gov.bc.ca/courts/civil/ sup_crt_rules/rules/htm/rule_5.htm

xxxBourth
Local time: 14:19
Native speaker of: Native in EnglishEnglish
PRO pts in category: 254
Grading comment
Thanks Bourth!

Peer comments on this answer (and responses from the answerer)
agree  writeaway: for sure-standard expression with a tiny twist ('mais non' instead of 'et')
11 mins

agree  Kim Metzger
12 mins

agree  1045
59 mins

agree  zaphod: or jointly not variably
1 hr

agree  Martine Brault
1 hr

agree  roelens
3 hrs

agree  Vicky Papaprodromou
7 hrs

agree  Nikki Scott-Despaigne: joint but not several - drop the "ly" endings for the standard legal formula. Std BE et AE : cf. eg. www.tneb.uscourts.gov/opinions/rts/brooks2.pdf
1 day7 hrs
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