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conjoints

English translation: jointly liable

13:19 May 9, 2002
French to English translations [PRO]
Law/Patents
French term or phrase: conjoints
General conditions of contract:
"Au sens du présent document, les titulaires sont considérés comme groupés et sont appelés ”cotraitants” s'ils ont souscrit un acte d'engagement unique.
Les cotraitants sont soit solidaires, soit conjoints.
Les cotraitants sont solidaires lorsque chacun d'eux est engagé pour la totalité du marché et doit pallier une éventuelle défaillance de ses partenaires ; l'un d'entre eux, désigné dans l'acte d'engagement comme mandataire, représente l'ensemble des cotraitants vis-à-vis de la personne responsable du marché.
Les cotraitants sont conjoints lorsque chacun d'eux n'est engagé que pour la partie du marché qu'il exécute. toutefois, l'un d'entre eux, désigné dans l'acte d'engagement comme mandataire, est solidaire de chacun des autres dans les obligations contractuelles de celui-ci à l'égard de la personne responsable du marché, jusqu'à la date où ces obligations prennent fin."

If "solidaire" is jointly and severally liable, what is "conjoint"?
Mary Lalevee
United Kingdom
Local time: 09:02
English translation:jointly liable
Explanation:
solidaire = several
conjoint = joint

http://www.actuaries.ca/publications/lexicon/lextj.html

joint and several liability = responsabilité conjointe et solidaire

joint liability = responsabilité conjointe

several liability = responsabilité solidaire

http://europa.eu.int/comm/development/faq/explanationproject...

http://europa.eu.int/comm/development/faq/explanationproject...


http://www.hrothgar.co.uk/YAWS/glossary/gloss.htm

Joint liability.
Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.

Several liability.
A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others.


http://www.mylegalanswers.com/glossary.asp?tid=337

Joint liability.
Liability that is owed to a third party by two or more parties together.

http://www.mylegalanswers.com/glossary.asp?tid=391

Several liability.
Liability that is distinct from the liability of another defendant for the same subject matter. Each defendant has either agreed, or has been found to be separately and individually bound.

Strictly speaking, "solidaire" is "several". Where parties are liable severally, they are usually liable jointly also.
The liability of the parties in your doc depends on the scope of their undertaking with regard to the contract. The extent to which the parties are liable depends on whether they are undertaking part or all of the work.
In the first part of your text, both parties have assumed liability for all of the work. They appear to be liable severally.
In the second part, each party has assumed liability for part of the work. They appear to be liable jointly.



--------------------------------------------------
Note added at 2002-05-09 18:22:18 (GMT)
--------------------------------------------------

The bit I find odd in your original is the last sentence of the second bit :
\"... toutefois, l\'un d\'entre eux, désigné dans l\'acte d\'engagement comme mandataire, est solidaire de chacun des autres dans les obligations contractuelles de celui-ci à l\'égard de la personne responsable du marché, jusqu\'à la date où ces obligations prennent fin.\" On the face of it, this would appear to contradict what goes before. Here\'s my stab at a rough translation of your original. It needs some fine tuning and I\'m not sure I have got things round the right way at the end. Here goes - all comments welcome!

\"[...]
The co-contractors are either severally or jointly liable.
The co-contractors shall be severally liable when each is engaged for the whole of the contract and has to cover an eventual breach on behalf of its partners. One of the parties shall be appointed under the terms of the agreement to represent the co-contractors with regard to the person in charge of the contract.
The co-contractors shall be jointly liable when each is engaged only for the part of the contract it performs (*). Never the less, until the date when the obligations come to an end, one of the parties shall be appointed under the terms of the agreement to act as representative. The representative shall be severally liable for each of the others when it comes to the contractual obligations which it has with regard to the person in charge of the contract.\"

(*) when each contracts individually to do just part of the work


Selected response from:

Nikki Scott-Despaigne
Local time: 10:02
Grading comment
Thanks Nikki - and everyone else who answered.
Mary
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2jointly liable
Jacek Krankowski (X)
5jointly liable
Nikki Scott-Despaigne
4spouse, common law spouse
depgrl (X)
4(they) share joint and several liability.
Arthur Borges
1joint (jointly responsible)
Yolanda Broad


  

Answers


17 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
jointly liable


Explanation:
joint and several liability = responsible together AND individually (you can recover from both OR from either of them)

joint liability = for which more than one person is responsible

--------------------------------------------------
Note added at 2002-05-09 14:02:22 (GMT)
--------------------------------------------------

West\'s Law & Commercial Dictionary:

joint liability = responsabilite conjointe

joint and several liability = responsabilite solidaire et conjointe


    Black's Law Dictionary
Jacek Krankowski (X)
PRO pts in pair: 98

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: http://www.actuaries.ca/publications/lexicon/lextj.html, http://europa.eu.int/comm/development/faq/explanationproject... and http://europa.eu.int/comm/development/faq/explanationproject...
18 mins
  -> Thanks for the links!
neutral  Parrot: from the definition in the contract itself, seems the other way round.
19 mins
  -> See my West's note added
agree  Dr. Chrys Chrystello
22 mins
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
spouse, common law spouse


Explanation:
=conjoint

depgrl (X)
PRO pts in pair: 24
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
(they) share joint and several liability.


Explanation:
i.e. they are jointly liable, but either is also individually liable for whatever fruitcake is at issue.

Arthur Borges
China
Local time: 16:02
PRO pts in pair: 404
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5
jointly liable


Explanation:
solidaire = several
conjoint = joint

http://www.actuaries.ca/publications/lexicon/lextj.html

joint and several liability = responsabilité conjointe et solidaire

joint liability = responsabilité conjointe

several liability = responsabilité solidaire

http://europa.eu.int/comm/development/faq/explanationproject...

http://europa.eu.int/comm/development/faq/explanationproject...


http://www.hrothgar.co.uk/YAWS/glossary/gloss.htm

Joint liability.
Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.

Several liability.
A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others.


http://www.mylegalanswers.com/glossary.asp?tid=337

Joint liability.
Liability that is owed to a third party by two or more parties together.

http://www.mylegalanswers.com/glossary.asp?tid=391

Several liability.
Liability that is distinct from the liability of another defendant for the same subject matter. Each defendant has either agreed, or has been found to be separately and individually bound.

Strictly speaking, "solidaire" is "several". Where parties are liable severally, they are usually liable jointly also.
The liability of the parties in your doc depends on the scope of their undertaking with regard to the contract. The extent to which the parties are liable depends on whether they are undertaking part or all of the work.
In the first part of your text, both parties have assumed liability for all of the work. They appear to be liable severally.
In the second part, each party has assumed liability for part of the work. They appear to be liable jointly.



--------------------------------------------------
Note added at 2002-05-09 18:22:18 (GMT)
--------------------------------------------------

The bit I find odd in your original is the last sentence of the second bit :
\"... toutefois, l\'un d\'entre eux, désigné dans l\'acte d\'engagement comme mandataire, est solidaire de chacun des autres dans les obligations contractuelles de celui-ci à l\'égard de la personne responsable du marché, jusqu\'à la date où ces obligations prennent fin.\" On the face of it, this would appear to contradict what goes before. Here\'s my stab at a rough translation of your original. It needs some fine tuning and I\'m not sure I have got things round the right way at the end. Here goes - all comments welcome!

\"[...]
The co-contractors are either severally or jointly liable.
The co-contractors shall be severally liable when each is engaged for the whole of the contract and has to cover an eventual breach on behalf of its partners. One of the parties shall be appointed under the terms of the agreement to represent the co-contractors with regard to the person in charge of the contract.
The co-contractors shall be jointly liable when each is engaged only for the part of the contract it performs (*). Never the less, until the date when the obligations come to an end, one of the parties shall be appointed under the terms of the agreement to act as representative. The representative shall be severally liable for each of the others when it comes to the contractual obligations which it has with regard to the person in charge of the contract.\"

(*) when each contracts individually to do just part of the work




Nikki Scott-Despaigne
Local time: 10:02
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4638
Grading comment
Thanks Nikki - and everyone else who answered.
Mary
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
joint (jointly responsible)


Explanation:
I can see why it's so hard to sort out which of "solidaire" and "conjoint" is the "several" or the "joint" part! In fact, it looks like this contract is breaking down a single type of liability: conjointement et solidairement, into two separate types of liability.

From what Termium has for this type of liability (see below), and given the co-locations of "solidaire" and "conjoint" / "jointly" and "severally," in the terms provided, it would appear that "conjoint" is "joint" and "solidaire" is "several":

ENGLISH FRENCH
Subject Field(s)   – Contracts (Common Law)
Subject Field(s)   – Contrats (common law) 
jointly and severally liable Source CORRECT, CANADA
liable jointly and severally Source CORRECT
jointly and severally responsible Source
responsable conjointement et individuellement Source CORRECT, SEE RECORD
conjointement et individuellement responsable Source PROPOSAL, SEE RECORD
conjointement et solidairement responsable Source AVOID, CANADA
solidairement responsable Source CANADA
OBS – «covenant conjoint et individuel» est l'équivalent de «joint and social covenant» normalisé dans le cadre du PAJLO Source
2001-02-28
 © Minister of Public Works and Government Services Canada


    Reference: http://www.termium.com
Yolanda Broad
United States
Local time: 04:02
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1551
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