Glossary entry (derived from question below)
Oct 12, 2013 18:17
10 yrs ago
3 viewers *
French term
une gêne
French to English
Bus/Financial
Law: Contract(s)
The following sentence occurs in paragraph on monitoring and penalties in a call for tenders to provide goods and engineering services in France. If the business letting the contract applies notes a serious violation of the terms of the contract it may remove one or more members of the contractor's workforce from the site "sans que le Titulaire ne puisse dans ce cas se prévaloir d’une quelconque gêne dans l’accomplissement de ses prestations."
It is clear that "gêne" is in the general sense of hindrance or impediment, but the sentence appears to refer to a provision of French contract law whereby a contractor may "se prévaloir d'une gêne" in order to obtain flexibility in fulfilling his contractual obligations. So what in this particular context is "gêne" and "se prévaloir d'une gêne"?
It is clear that "gêne" is in the general sense of hindrance or impediment, but the sentence appears to refer to a provision of French contract law whereby a contractor may "se prévaloir d'une gêne" in order to obtain flexibility in fulfilling his contractual obligations. So what in this particular context is "gêne" and "se prévaloir d'une gêne"?
Proposed translations
(English)
| 4 +1 | impediment |
jmleger
|
| 4 | an obstruction |
SafeTex
|
Proposed translations
+1
7 mins
Selected
impediment
for instance
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Note added at 51 mins (2013-10-12 19:08:10 GMT)
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without the possibly in this case for the service provider to claim any impediment in the fullfilment of his obligations
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Note added at 51 mins (2013-10-12 19:08:10 GMT)
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without the possibly in this case for the service provider to claim any impediment in the fullfilment of his obligations
Note from asker:
| The difficulty here is how to explain this point briefly in the translation. To me, to say "is entitled to benefit from an impediment" or "rely on / claim / assert / make use of an impediment" carries no meaning. Do you have any suggestions on how to convey the meaning or this point of law to an Anglo reader? |
| Thank you!! That answers my question exactly! |
Peer comment(s):
| agree |
B D Finch
: "without the service provider being entitled to claim any impediment ..."
1 day 15 hrs
|
4 KudoZ points awarded for this answer.
Comment: "B D Finch agrees, and the need to expand the sentence slightly had also been confirmed by an outside source not on this website."
2 hrs
an obstruction
to be obstructed from fulfilling a contractual (or legal) obligation
Reference:
http://www.findlaw.com.au/articles/4551/how-can-contracts-be-discharged-from-further-perfo.aspx
Discussion
Could you post the whole sentence of the original French please?