Glossary entry

French term or phrase:

Attestations réciproques

English translation:

Warranties and representations of the parties

Added to glossary by Adam Warren
Nov 9, 2013 21:05
10 yrs ago
6 viewers *
French term

ATTESTATIONS RÉCIPROQUES

French to English Bus/Financial Law: Contract(s)
Part of a contract awarded following an invitation to tender process.

5.0 ATTESTATIONS RÉCIPROQUES

50.1 L'ORGANISME PUBLIC confirme qu'à l'exception des attestations unilatérales qui peuvent apparaître dans les parties 6.00 et 7.00 des présentes, aucune autre attestation de quelque nature que ce soit n'est requise ou faite par les PARTIES dans le cadre du Contrat.

6.0 ATTESTATIONS DE L'ORGANISME PUBLIC

6.01 L'ORGANISME PUBLIC possède tous les droits, pouvoirs et autorité pour exécuter le Contrat; il n'existe aucune restriction légale ou contractuelle lui interdisant d'exécuter les obligations qui en découlent.

Uncertain whether in this case it is 'declarations' or 'certificates'. And I didn't really find applicable references to 'mutual declarations' in this context.
Change log

Nov 21, 2013 08:02: Adam Warren Created KOG entry

Discussion

Nancie Leduc May 25, 2014:
DECLARATIONS ON THE HONOUR or SWORN STATEMENTS Unfortunately, when they created the invitation to tender, they wanted to reduce its length, therefore causing major ambiguities. It should be written ''attestations sur l'honneur'' instead of only ''attestations''.
AllegroTrans Nov 13, 2013:
Warranties and representations? That works well in the context Ian, you should suggest it
Adam Warren Nov 13, 2013:
Attestations = Warranties and representations? These attestations look like "Ws and Rs", particularly the statement in § 6.01 that the public agency makes declaring itself able to (warranting and prerpesenting that it can?) fulfil its contractual obligations.

Proposed translations

+1
3 days 17 hrs
Selected

Warranties and representations of the parties

Submitted at "Allegro's" suggestion. My interpretation lends itself with particular force to paragraph 6.01 of the sample, where the public agency declares itself able to fulfil its contractual obligations - this strongly suggests a warranty and representation by that agency.
I must say that the "cross" component of Tom Thumb's contribution has a cogent feel about it, but the context of his contribution is not, as here, a contract, in which parties do make warranties and representations concerning their respective ability to fulfil the contract. I hope this helps.
With kind regards,
Adam Warren (IanDhu - 41189)
Peer comment(s):

agree AllegroTrans
10 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
12 hrs

(formal) reciprocal declarations

An "attestation" is a formal statement
Something went wrong...
12 hrs
French term (edited): ATTESTATION RÉCIPROQUE

cross-undertaking

We in Europe have just woken up to this one.

Seemingly incongruous as cross-undertakings in the UK & Can etc. are normally given in damages in the context of injunctions. But more einfo. on the contents of such 'affidavits', certs. or attestations etc. needed.
Example sentence:

As is customary when an injunction is sought, GSK gave cross-undertakings (often ... Without a cross undertaking, an injunction will not generally be granted.www.annamckay.com/article8.html‎

Peer comment(s):

neutral AllegroTrans : but these are not undertakings between the parties, they are simple statements of fact, no?// purport is pretty standard - most FR contracts contain formal statements such as "neither party is bankrupt or subject to insolvency proceedings" etc. etc.
8 mins
I thought that one was coming, but we need to know the purport of these docs.//Well, my idea is a term of art that works.
neutral Adam Warren : Well done, Tom Thumb, for "cross", but perhaps "-declarations" or "-representations" as I hinted in my discussion entry?
3 days 1 hr
Something went wrong...
+1
18 mins

reciprocal recognition

this term seems to often be used to translate the French but the contexts seem different and I can't see how the meaning fits either
So it is just a start and with a low confidence level

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Note added at 1 day4 hrs (2013-11-11 01:39:22 GMT)
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The probable meaning in French is

http://www.edilex.com/edilexpress/index.php/184/#axzz2kIQRSm...
Peer comment(s):

agree Nelly Thomas
20 hrs
neutral AllegroTrans : what is being recognised here?
1 day 1 hr
http://www.edilex.com/edilexpress/index.php/184/#axzz2kIQRSm...
Something went wrong...
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