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KudoZ home » French to English » Law/Patents

recherchées en garantie

English translation: ... on condition that no proceedings are taken against it to enforce a guarantee ...

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:recherchées en garantie
English translation:... on condition that no proceedings are taken against it to enforce a guarantee ...
Entered by: Gayle Wallimann
Options:
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16:28 Mar 15, 2002
French to English translations [PRO]
Law/Patents / Insurance, litigations
French term or phrase: recherchées en garantie
This is concerning a protocol of agreement. (It is to be in INT English, the parties are French and Italian.) It concerns agricultural hangars that were constructed by a French company using material from an Italian company. After a period of time, the material shows a double defect.
Now, the sentence is about the warranty, I know that, but I can't make it sound right. I thought of "...on condition that the owners of the concerned constructions do not pursue the companies in regards to the warranty."
Here is the French sentence:
"La compagnieXXXet la sociétéXXX renoncent à poursuivre la procédure objet du présent litige, sous réserve toutefois qu'elles ne soient pas recherchées en garantie par les différents propriétaires des ouvrages concernés."
Thank you for any help.
Gayle Wallimann
Local time: 15:19
... on condition that no proceedings are taken against it to enforce a guarantee ...
Explanation:
BTW, I think "constructions concerned" might be better than "concerned constructions", which sounds as though these inanimate objects are empathetic.

Also "with regard to" is more formally correct than "in regards to".
Selected response from:

Gillian Hargreaves
Local time: 14:19
Grading comment
Thank you, Gillian. This is definitely about a guarantee. I also appreciate your pointing out "with regard to" instead of "in regards to".
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1... on condition that no proceedings are taken against it to enforce a guarantee ...
Gillian Hargreaves
4memorandum of understanding
Steven Geller
4appel en garantie
Steven Geller
4liable forJH Trads
4named as a [third] party
Steven Geller
4sued for warranty violations
Guy Bray
4sued by various owners of the works on grounds arising from the guaranteesJane Lamb-Ruiz
4 -1traced for warranty
Eva Blanar


  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
sued by various owners of the works on grounds arising from the guarantees


Explanation:
a suggestions

--------------------------------------------------
Note added at 2002-03-15 16:36:20 (GMT)
--------------------------------------------------

warrantee-related grounds BETTER

Jane Lamb-Ruiz
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 8576

Peer comments on this answer (and responses from the answerer)
neutral  Gillian Hargreaves: Warrantee is the person to whom a warranty is given (OED).
15 mins
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
liable for


Explanation:
HTH

JH Trads
United States
Local time: 08:19
Native speaker of: Native in SpanishSpanish, Native in FrenchFrench
PRO pts in pair: 665
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21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
sued for warranty violations


Explanation:
n/a

Guy Bray
United States
Local time: 06:19
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 819
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26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
... on condition that no proceedings are taken against it to enforce a guarantee ...


Explanation:
BTW, I think "constructions concerned" might be better than "concerned constructions", which sounds as though these inanimate objects are empathetic.

Also "with regard to" is more formally correct than "in regards to".

Gillian Hargreaves
Local time: 14:19
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 575
Grading comment
Thank you, Gillian. This is definitely about a guarantee. I also appreciate your pointing out "with regard to" instead of "in regards to".

Peer comments on this answer (and responses from the answerer)
agree  Eva Blanar
2 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
named as a [third] party


Explanation:
The terminology is wrong - it should read appelées en garantie (not recherchées) and it means being named as (third) party in a lawsuit.

Anglais :Actions (Droit judiciaire)

third-party complaint s

relief over s

Français :Actions (Droit judiciaire)

appel en garantie s MASC

Company XXX and company YYY waive pursuing the [proceedure / cause of action] to resolve this dispute, provided, however, that they not be named as a [third] party by the different owners of the structures concerned.

(This is probably the world's most mistranslated French legal term. I have seen some real howlers about guarantees or warranties.

--------------------------------------------------
Note added at 2002-03-15 19:39:46 (GMT)
--------------------------------------------------

This is what you are dealing with. If you just search for \"appel en garantie\" with Google, you will get the full picture...

Index: Civil procedure: Third party proceedings


Reported Decisions

1989

Arthur D. Little Inc. v. Coopers & Lybrand [1989] 1 S.C.R. 293

http://www.lexum.umontreal.ca/csc-scc/en/concept/ndx095004.h...


Index: Procédure civile: Appel en garantie


Décisions du Recueil

1989

Arthur D. Little Inc. c. Coopers & Lybrand [1989] 1 R.C.S. 293

http://www.lexum.umontreal.ca/csc-scc/fr/concept/ndx095004.h...

======

Le Grand Dictionnaire Terminologique...

Domaine(s) : droit


1 / 1

introduction of third parties appel en garantie n. m.

Note(s) :
((Dans la source citée, l\'entrée se lit comme suit :)) appel (évocation) en garantie.

Note(s) :
((Dans la source citée, l\'entrée se lit comme suit:)) introduction of third parties (approximate to impleader).

[1978]

1 / 1




Steven Geller
Local time: 15:19
PRO pts in pair: 1246
Grading comment
The text was written four French lawyers!

Peer comments on this answer (and responses from the answerer)
neutral  Eva Blanar: Not too convincing: first of all, we have no right to change the original text, second: "en garantie" (in pawn) is used mostly when a security/ collateral is required.
1 hr
  -> I did not "change" the test, I merely explained what it means.
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The asker has declined this answer
Comment: The text was written four French lawyers!

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
traced for warranty


Explanation:
This is a killing sentence, my understanding is: Company X and Company XX agree to waive claims in the present dispute, but (independently from this / without restrictions by this) the owners of the respective facilities might claim the warranty.

I think the message is that this agreement does not affect the right of the third parties to make them / any of them liable for the defects.

Eva Blanar
Hungary
Local time: 15:19
Native speaker of: Hungarian
PRO pts in pair: 109

Peer comments on this answer (and responses from the answerer)
disagree  Steven Geller: It has nothing to do with warranties. It means being named in a lawsuit brought by one of the property owners.
23 mins
  -> Pardon me: why to put down that they might be sued for the defects? The initiation of the lawsuit is a decision of the property owner! And who else could be named?
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
memorandum of understanding


Explanation:
protocol d'accord is commonly translated as "memorandum of understanding".

Your "protocol of agreement" would be very unusual in English.



Steven Geller
Local time: 15:19
PRO pts in pair: 1246
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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
appel en garantie


Explanation:
You might find it useful to take a look at this...

http://www.proz.com/kudoz/139508?keyword=garantie

Steven Geller
Local time: 15:19
PRO pts in pair: 1246
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