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repetition

English translation: rescission (for misrepresentation)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:répétition
English translation:rescission (for misrepresentation)
Entered by: Nikki Scott-Despaigne
Options:
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- Include in personal glossary

17:58 Mar 1, 2002
French to English translations [PRO]
Law/Patents
French term or phrase: repetition
agreement covering the award of a grant - la totalite des sommes percues pourra donner lieu a repetition en cas de declaration inexactes.
JMcKechnie
Local time: 02:03
misrepresentation can result in your grant being rescinded if the total sums received violate.. .
Explanation:
misrepresentation can result in your grant being rescinded if the total sums received VIOLATE / DO NOT COMPLY WITH


1. It would be helpful if you would post the whole sentence or paragraph.

2. This is my basic understanding of your sentence...

misrepresentation can result in your grant being rescinded if the total sums received [do not comply with / violate]...

[If you post the whole sentence / paragraph, I will have another look]

======

For your edification :

From Termium :

Anglais :Assurances
Assurance sur la vie
Incendies, accidents et risques divers (Assur.)
Commerce extérieur

misrepresentation s CORRECT


false statement s CORRECT


DEF - Written or verbal misstatement or falsehood of a material fact concerning an insurance application or loss claim. s

1998-12-10

Français :Assurances
Assurance sur la vie
Incendies, accidents et risques divers (Assur.)
Commerce extérieur

déclaration inexacte s CORRECT,FÉM

fausse déclaration s CORRECT,FÉM

DEF - Déclaration incorrecte ou mensongère d'un assuré au sujet de son assurance.

--------------------------------------------------
Note added at 2002-03-02 04:49:07 (GMT)
--------------------------------------------------

From Le Grand Dictionnaire Terminologique

Domaine(s) : droit
claiming back répétition n. f.

======

From Webster\'s - note that rescind is the verb in English which means to take back.

Main Entry: re·scind
Pronunciation: ri-\'sind
Function: transitive verb
Etymology: Latin rescindere to annul, from re- + scindere to cut -- more at SHED
Date: 1643

1 : to take away : REMOVE
2 a : TAKE BACK, CANCEL <refused to rescind the order> b : to abrogate (a contract) and restore the parties to the positions they would have occupied had there been no contract
3 : to make void (as an act) by action of the enacting authority or a superior authority : REPEAL
- re·scind·er noun
- re·scind·ment /-\'sin(d)-m&nt/ noun

======

Here is an example of the usage...

ARTICLE SEVEN - [ Traduire cette page ]
... prior to. its taking effect, that could result in the
grant being rescinded, such official may. order ...
www.alabamaadministrativecode.state.al.us/UpdatedMonthly/ VolXIXN7/p297.htm

--------------------------------------------------
Note added at 2002-03-02 08:21:22 (GMT)
--------------------------------------------------

NOTE : I have looked at all of the Internet pages that Nikki Scott-Despaigne cited to support her solution. They all pertain to an \"action en répétition de l\'indu\". An action is a form of suit given by law for recovery of that which is one\'s due. The translation of the name of that particular type of French lawsuit is not pertinent to your situation.

--------------------------------------------------
Note added at 2002-03-02 08:27:16 (GMT)
--------------------------------------------------

It is not pertinent because there is not going to be any lawsuit. If the discovery is made that the person who applied for the grant made false declarations, then the grant will be rescinded (\"taken back\") that is all. No lawsuit (\"action\" in French).
Selected response from:

Steven Geller
Local time: 03:03
Grading comment
Many thanks for your help and references.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2recovery of paymentDPolice
5 +1recovery of sums due ; action for restitution of money or other property received by error or unlawf
Nikki Scott-Despaigne
4 +1misrepresentation can result in your grant being rescinded if the total sums received violate.. .
Steven Geller


  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
recovery of payment


Explanation:
see below


    Robert &Collins du Management
DPolice
Local time: 03:03
PRO pts in pair: 454

Peer comments on this answer (and responses from the answerer)
agree  irat56
35 mins

agree  Margaret Lagoyianni: recovery of payment made by mistake
46 mins

agree  Sandra Schlatter
1 hr

disagree  Steven Geller: my understanding is "grant being rescinded"
1 hr
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
misrepresentation can result in your grant being rescinded if the total sums received violate.. .


Explanation:
misrepresentation can result in your grant being rescinded if the total sums received VIOLATE / DO NOT COMPLY WITH


1. It would be helpful if you would post the whole sentence or paragraph.

2. This is my basic understanding of your sentence...

misrepresentation can result in your grant being rescinded if the total sums received [do not comply with / violate]...

[If you post the whole sentence / paragraph, I will have another look]

======

For your edification :

From Termium :

Anglais :Assurances
Assurance sur la vie
Incendies, accidents et risques divers (Assur.)
Commerce extérieur

misrepresentation s CORRECT


false statement s CORRECT


DEF - Written or verbal misstatement or falsehood of a material fact concerning an insurance application or loss claim. s

1998-12-10

Français :Assurances
Assurance sur la vie
Incendies, accidents et risques divers (Assur.)
Commerce extérieur

déclaration inexacte s CORRECT,FÉM

fausse déclaration s CORRECT,FÉM

DEF - Déclaration incorrecte ou mensongère d'un assuré au sujet de son assurance.

--------------------------------------------------
Note added at 2002-03-02 04:49:07 (GMT)
--------------------------------------------------

From Le Grand Dictionnaire Terminologique

Domaine(s) : droit
claiming back répétition n. f.

======

From Webster\'s - note that rescind is the verb in English which means to take back.

Main Entry: re·scind
Pronunciation: ri-\'sind
Function: transitive verb
Etymology: Latin rescindere to annul, from re- + scindere to cut -- more at SHED
Date: 1643

1 : to take away : REMOVE
2 a : TAKE BACK, CANCEL <refused to rescind the order> b : to abrogate (a contract) and restore the parties to the positions they would have occupied had there been no contract
3 : to make void (as an act) by action of the enacting authority or a superior authority : REPEAL
- re·scind·er noun
- re·scind·ment /-\'sin(d)-m&nt/ noun

======

Here is an example of the usage...

ARTICLE SEVEN - [ Traduire cette page ]
... prior to. its taking effect, that could result in the
grant being rescinded, such official may. order ...
www.alabamaadministrativecode.state.al.us/UpdatedMonthly/ VolXIXN7/p297.htm

--------------------------------------------------
Note added at 2002-03-02 08:21:22 (GMT)
--------------------------------------------------

NOTE : I have looked at all of the Internet pages that Nikki Scott-Despaigne cited to support her solution. They all pertain to an \"action en répétition de l\'indu\". An action is a form of suit given by law for recovery of that which is one\'s due. The translation of the name of that particular type of French lawsuit is not pertinent to your situation.

--------------------------------------------------
Note added at 2002-03-02 08:27:16 (GMT)
--------------------------------------------------

It is not pertinent because there is not going to be any lawsuit. If the discovery is made that the person who applied for the grant made false declarations, then the grant will be rescinded (\"taken back\") that is all. No lawsuit (\"action\" in French).

Steven Geller
Local time: 03:03
PRO pts in pair: 1246
Grading comment
Many thanks for your help and references.

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: "rescission" is the 'mot juste' and is valid whether there is an action for recovery or not. Note - You perhaps overlooked that my first suggestion made no mention of "action" though.
16 hrs
  -> "being rescinded" the rendering of this sentence. Your reference to action (lawsuit) is absurd. This is an education grant. They are simply saying that if the student lies, they will rescind the grant. There are no sums due. Free tuition is rescinded.
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
recovery of sums due ; action for restitution of money or other property received by error or unlawf


Explanation:
- Recovery of something which is not due, usually money paid over in error to the wrong person
- the action for restitution of money or other property received by error or unlawfully
- recovery of sums due

« répétition de l’indu : droit civil – remboursement de ce qui a été payé sans cause. »

Dalloz, Lexique de termes juridiques.

http://www.lexum.umontreal.ca/csc-scc/fr/concept/ndx084002.h...
http://www.lexum.umontreal.ca/csc-scc/en/concept/ndx084002.h...

http://www.ddsm.ca/fr/actual/1996/aj10-1.html
http://www.ddsm.ca/en/actual/1996/aj10-1.html

http://europa.eu.int/eur-lex/fr/lif/dat/1999/fr_399R1265.htm...
http://europa.eu.int/eur-lex/en/lif/dat/1999/en_399R1265.htm...

Also :
http://www.univ-lyon3.fr/cee/pages/dico/r/repindu.htm

http://www.chez.com/jurisfac/prive/civil/c14civil2.htm




--------------------------------------------------
Note added at 2002-03-01 20:12:04 (GMT)
--------------------------------------------------

Forgot this note, that \"répétition\" is in fact \"répétition de l\'indu\" in its complete form.

--------------------------------------------------
Note added at 2002-03-01 23:59:25 (GMT)
--------------------------------------------------

Grants may be rescinded for misrepresentation, for sure. But the original uses \"répétition\", the meaning of which is different and rather specific : [action for] recovery of monies paid over in error or unlawfully. If the representee is induced into awarding the grant becasue the representor has made an untrue statment of fact, then he may seek to rely on one of the remedies available, one of which is rescission, setting the contract aside. From the info we have, this cannot be read into the original as presented, with \"répétition.\"

--------------------------------------------------
Note added at 2002-03-02 13:49:19 (GMT) Post-grading
--------------------------------------------------

\"This is an education grant. They are simply saying that if the student lies, they will rescind the grant. There are no sums due. Free tuition is rescinded.\"

Sums will of course be due if any part of the grant has been paid over. As you know, the purpose of rescission is to put the parties back to their pre-contract position. Any agreement to free tuition may well be rescinded. Never the less, \"répétition\" is about handing back of money. Were no money involved the original would have used some other term, \"abrogation\" for example, but not \"répétition\".


--------------------------------------------------
Note added at 2002-03-02 13:50:57 (GMT) Post-grading
--------------------------------------------------

One final note to poitn out that I have in fact agreed with you Steven, that \"rescission\" is the right term here. I\'m not taking issue with your answer which is fine. Cool Raoul!


    Reference: http://europa.eu.int/eur-lex/fr/lif/dat/1999/fr_399R1265.htm...
    Reference: http://www.lexum.umontreal.ca/csc-scc/fr/concept/ndx084002.h...
Nikki Scott-Despaigne
Local time: 03:03
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4416

Peer comments on this answer (and responses from the answerer)
disagree  Steven Geller: This really is nonsense ! The author misused a term You are too attached to your dictionaries and the Internet to understand how to render what is before you from French to English. I am very sorry to say that but you really are making a fool of yourself
8 mins
  -> Thank you for such noble compliments!

agree  Parrot
12 mins

agree  Yolanda Broad: Good discussion here: http://www.sg.cnrs.fr/acp/biblio/actualite/actu.htm
7 hrs
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