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investis d'une délégation imparfaite

English translation: (they are) endowed with an imperfect delegation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:investis d'une délégation imparfaite
English translation:(they are) endowed with an imperfect delegation
Entered by: Yolanda Broad
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13:05 Jan 15, 2002
French to English translations [PRO]
Law/Patents / court ruling insurance liability
French term or phrase: investis d'une délégation imparfaite
En réplique la compagnie X et Monsieur Y font valoir que si l'article L 211-4 du Code des Assurances prévoit que les bureaux nationaux des tous les états membres de la CEE se portent individuellements garants de règlement des sinistres survenus sur leur territoire et provoqué par un véhicule immatriculé dans un autre état membre, la victime n'en conserve pas moins le droit d'agir directement contre l'auteur de l'accident et contre son assureur car ces bureaux ne sont investis que d'une délégation imparfaite.
Theodore Quester
United States
Local time: 04:15
(they are) endowed with an imperfect delegation
Explanation:
The context I am looking at is different, yet the mechanisms and terminology may be similar:

"In my view, this argument does not seem well founded, since there is indeed a pecuniary consideration in the second insurance contract between the hypothecary creditor and the insurer. The consideration given to the insurer for the increased risk is included in the premium as determined by the policy and paid by the hypothecary debtor. The latter pays not only the premium for his insurance contract but also that payable under the hypothecary creditor's insurance contract, by an imperfect delegation of payment. This delegation may be implicitly deduced from the clauses of the loan contract, according to which the hypothecary debtor undertakes to keep the immovable property insured, otherwise premiums paid by the hypothecary creditor will be payable by the debtor. The rules for imperfect delegation of payment are set out in arts. 1173 and 1174 C.C.L.C.:

1173. The delegation by which a debtor gives to his creditor a new debtor who obliges himself toward the creditor does not effect novation, unless it is evident that the creditor intends to discharge the debtor who makes the delegation.

1174. The simple indication by the debtor of a person who is to pay in his place, or the simple indication by the creditor of a person who is to receive in his place, or the transfer of a debt with or without the acceptance of the debtor, does not effect novation.

The hypothecary debtor thus pays all the premiums, covering both that applicable to his insurance interest, covered by his insurance contract, and that applicable to the hypothecary creditor's insurance interest, covered by the second insurance contract. The respective insurance interests of the hypothecary creditor and the hypothecary debtor, the sum of which is always equal to the total value of the insurance policy, vary in a manner inversely proportional to the rate of repayment by the hypothecary debtor of the capital loaned, and are finally entirely absorbed by that of the hypothecary debtor when the hypothecary loan is repaid in full."
www.law.mcgill.ca/academics/coursenotes/macdonald/real_secu... F-TOPIC03.htm
Selected response from:

Jacek Krankowski
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1these bureaux have less than full powers
Gillian Hargreaves
4(they are) endowed with an imperfect delegationJacek Krankowski


  

Answers


53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
(they are) endowed with an imperfect delegation


Explanation:
The context I am looking at is different, yet the mechanisms and terminology may be similar:

"In my view, this argument does not seem well founded, since there is indeed a pecuniary consideration in the second insurance contract between the hypothecary creditor and the insurer. The consideration given to the insurer for the increased risk is included in the premium as determined by the policy and paid by the hypothecary debtor. The latter pays not only the premium for his insurance contract but also that payable under the hypothecary creditor's insurance contract, by an imperfect delegation of payment. This delegation may be implicitly deduced from the clauses of the loan contract, according to which the hypothecary debtor undertakes to keep the immovable property insured, otherwise premiums paid by the hypothecary creditor will be payable by the debtor. The rules for imperfect delegation of payment are set out in arts. 1173 and 1174 C.C.L.C.:

1173. The delegation by which a debtor gives to his creditor a new debtor who obliges himself toward the creditor does not effect novation, unless it is evident that the creditor intends to discharge the debtor who makes the delegation.

1174. The simple indication by the debtor of a person who is to pay in his place, or the simple indication by the creditor of a person who is to receive in his place, or the transfer of a debt with or without the acceptance of the debtor, does not effect novation.

The hypothecary debtor thus pays all the premiums, covering both that applicable to his insurance interest, covered by his insurance contract, and that applicable to the hypothecary creditor's insurance interest, covered by the second insurance contract. The respective insurance interests of the hypothecary creditor and the hypothecary debtor, the sum of which is always equal to the total value of the insurance policy, vary in a manner inversely proportional to the rate of repayment by the hypothecary debtor of the capital loaned, and are finally entirely absorbed by that of the hypothecary debtor when the hypothecary loan is repaid in full."
www.law.mcgill.ca/academics/coursenotes/macdonald/real_secu... F-TOPIC03.htm


Jacek Krankowski
PRO pts in pair: 98
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
these bureaux have less than full powers


Explanation:
Just one possibility - I think it gives the correct meaning.

Gillian Hargreaves
Local time: 09:15
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 575

Peer comments on this answer (and responses from the answerer)
agree  Lizzie Crisp
3 hrs
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