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obligation de résultat

English translation: performance obligation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:obligation de résultat
English translation:performance obligation
Entered by: Annick Pérocheau
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22:57 Sep 6, 2001
French to English translations [PRO]
Law/Patents
French term or phrase: obligation de résultat
for a manufacturer who must deliver an equipment incompliance with the technical specifications.
Annick Pérocheau
France
Local time: 17:37
performance obligation
Explanation:
For certain obligations some CIVIL LAW systems will grant remedies for non-performance only if the non-performance was "imputable" to the debtor (manufacturer in your context), and this frequently requires that he has committed a fault. Thus in BELGIAN, DUTCH, FRENCH, AND LUXEMBOURG law there is non-performance of an "inspanningsverbinteris" or "obligation de moyens" only if there has been fault. The creditor must prove that the debtor did not act with the care which he had undertaken to exercise. However, in case of an "resultaatsverbinteris" or "obligation de résultat", the creditor must only prove that the result which the debtor undertook to provide has not been achieved. In either case the debtor is excused by force majeure which extinguishes the obligation. SPANISH law has developed on similar lines, see Diez Picazo II 575; Lacruz-Sancho, Delgado, Rivero II, 1, 25, 194. See also Note 2 to Article 6:102.

HTH
Poornima
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Poornima Iyengar
Local time: 22:07
Grading comment
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4 KudoZ points were awarded for this answer

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Summary of answers provided
naperformance obligation
Poornima Iyengar


  

Answers


10 mins
performance obligation


Explanation:
For certain obligations some CIVIL LAW systems will grant remedies for non-performance only if the non-performance was "imputable" to the debtor (manufacturer in your context), and this frequently requires that he has committed a fault. Thus in BELGIAN, DUTCH, FRENCH, AND LUXEMBOURG law there is non-performance of an "inspanningsverbinteris" or "obligation de moyens" only if there has been fault. The creditor must prove that the debtor did not act with the care which he had undertaken to exercise. However, in case of an "resultaatsverbinteris" or "obligation de résultat", the creditor must only prove that the result which the debtor undertook to provide has not been achieved. In either case the debtor is excused by force majeure which extinguishes the obligation. SPANISH law has developed on similar lines, see Diez Picazo II 575; Lacruz-Sancho, Delgado, Rivero II, 1, 25, 194. See also Note 2 to Article 6:102.

HTH
Poornima

Poornima Iyengar
Local time: 22:07
Native speaker of: English
PRO pts in pair: 174
Grading comment
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