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attribut de codification concaténé nomenclaturé
vanne siphon
Oct 29, 2018 01:26
5 yrs ago
18 viewers *
French term

le cédé

French to English Law/Patents Law: Contract(s)
Un contractant, le cédant, peut céder sa qualité de partie au contrat à un tiers, le cessionnaire, avec l'accord de son cocontractant, le cédé.

The contract in question provides access to an online service. I've thought about leaving it out in this particular instance, since the co-contractor is the same person, but "cédé" shows up again later in different syntax, which doesn't allow the same treatment.

Thank you for any ideas!
Proposed translations (English)
4 The counterparty or other contracting party
4 the obligor
5 -3 the assignee
2 -1 the assigned party

Discussion

Nektaria Notaridou (asker) Oct 30, 2018:
Thank you, Laura. The trans-lex reference is very useful.
Eliza Hall Oct 30, 2018:
Nekatria - I submitted it as an answer Per your suggestion, I submitted it so you can grade and close the question.
Laura Elvin Oct 29, 2018:
Ah, OK, now we know where it comes from, it's easier to search for! Presumably you found the TransLex translation of the Civil Code where it's translated as 'person subject to assignment'. Obviously, though, that's not an official translation and you can choose what you like! https://www.trans-lex.org/601101/_/french-civil-code-2016/
Nektaria Notaridou (asker) Oct 29, 2018:
Thank you all for helping! I went with Eliza's suggestion for using "counterparty" and "other contracting party". (Eliza, do you want to submit this as an answer, so I can grade and close?)

For the record this was a reference from the French Civil Code which appeared as a footnote in my text (litigation between an internet service provider and one of their users):

Article 1216 du Code Civil :

« Un contractant, le cédant, peut céder sa qualité de partie au contrat à un tiers, le cessionnaire, avec l'accord de son cocontractant, le cédé.
Cet accord peut être donné par avance, notamment dans le contrat conclu entre les futurs cédant et cédé, auquel cas la cession produit effet à l'égard du cédé lorsque le contrat conclu entre le cédant et le cessionnaire lui est notifié ou lorsqu'il en prend acte.
La cession doit être constatée par écrit, à peine de nullité.
B D Finch Oct 29, 2018:
@Asker It would help if you clarified exactly what is going on here and the contractual roles of the original contracting parties. What is the "cédant" assigning to the step-in party?
Eliza Hall Oct 29, 2018:
Note to AllegroTrans Whether or not the asker needs a US term, the term you've posted (obligor) could be incorrect because we don't know who is allowed to assign the contract or what they're allowed to assign, under the contract that the asker is translating.

For instance, re the links you posted: It's common for an "obligee" to assign their contractual RIGHTS to a third party, that's indeed true. For instance, a patent holder might sign a license with you under which you're obligated to pay royalties, and then assign the right to collect royalties to a third party. The license continues in force; you just have to send your royalty checks to the third party.

But we don't know if that's what asker's contract says, and it sounds like it's not. The original French text describes assigning the entire contract -- one party's rights AND obligations -- to a third party. In such a case, the person assigning the contract is both an obligor (they have obligations under the contract) and an obligee (they have rights under the contract). So it would not make sense to call them an obligee and the other original party an obligor.
Eliza Hall Oct 29, 2018:
Agree with Laura Elvin You'll just need a workaround. I've looked in a few legal dictionaries to confirm my sense that we don't have a word for this. We just say something along the lines of "the counterparty" or "the other contracting party" or "the [name of contract role, e.g., licensor, landlord, etc.]."

Here are words we use: to assign (céder); the assignor (le cédant); the assignee (or if plural, assignees or assigns) (le cessionaire); and of course, assignment (cession or transfert).

But there doesn't seem to be a specific word, at least not in US law, for the contracting party who is remaining a party to the contract being assigned. Personally, at least in the posted sentence, I would say, "its co-contractor, [PARTY ROLE e.g. Online Service Provider]." Would the term for the party role work in the other instance where cédé appears in this contract?
Laura Elvin Oct 29, 2018:
I think you're going to have to find a workaround rather than looking for a neat equivalent. The following entry from IATE (on a 'tiers-cédé) doesn't provide an answer but shows how hard it is to say it in English! http://iate.europa.eu/SearchByQuery.do?method=searchDetail&l...

Proposed translations

16 hrs
Selected

The counterparty or other contracting party

This is a workaround. I've looked in a few legal dictionaries to confirm my sense that we don't have a word for this. We just say something along the lines of "the counterparty" or "the other contracting party" or "the [Licensor/Landlord/Service Provider/whatever the other party's role in the contract is]."

Here are words we use: to assign (céder); the assignor (le cédant); the assignee (or if plural, assignees or assigns) (le cessionaire); and of course, assignment (cession or transfert).

AllegroTrans found some sites referring to an original contracting party of an assigned contract as an obligor, but who the obligor and obligee are depends on the nature of the contract. For instance, in a contractual agreement to pay off a debt, the payor is the obligor -- but what if the payor, with permission of the payee, assigns his obligations to a third party? Then AllegroTrans's proposed translation doesn't work.


In short, that doesn't work as a translation of "cédé" because in French "cédé" can be used no matter who the obligor is (or are) or what the nature of the contract may be. That's broader than any related English legal term, so you need a workaround.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you!"
-3
3 hrs

the assignee

This means someone who the rights were assigned to by another party
Peer comment(s):
disagree Laura Elvin : No - that would be the cessionnaire.
4 hrs
disagree AllegroTrans : With Laura
6 hrs
disagree Eliza Hall : Yep, Laura's right. The assignor (cédant) can assign (céder) its status as contracting party to a third party (the assignee).
9 hrs
Something went wrong...
-1
3 hrs

the assigned party

Hello

If we say that le cédant et le cessionaire are the assignor and the assignee (of a contract), then it seems to me that le cédé is being used to represent the assigned party. In other words, the person/company who has signed the contract that is being passed from the assignor to the assignee
However, my interpretation is NOT in line with:
https://www.btb.termiumplus.gc.ca/tpv2guides/guides/juridi/i...

which says that cédé =cessionaire

so I've given this idea a low mark and hope that others will confirm/correct
Peer comment(s):
disagree Eliza Hall : This makes it sound like the party is being assigned. It's the assignor's status as a party, a.k.a. the assignor's rights and obligations under the contract, that are being assigned.
9 hrs
Fine. Put it up as a suggestion cos I can see what you mean.
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9 hrs

the obligor

Image result for assignee obligor
The assignee is the party that receives the rights and obligations under the contract, but wasn't an original party to the contract. The assignor was an original party to the contract and is the party that transfers its contractual rights to another party. The other original party to the contract is the obligor.
Parties in an Assignment: Rights of the Assignee, Assignor & Obligor ...
https://study.com/.../parties-in-an-assignment-rights-of-the...

Third Parties and Assignments – Contracts
https://contracts.uslegal.com/third-parties-and-assignments/

Assignment of Contract Rights
https://saylordotorg.github.io/text_law-for.../s17-01-assign...

The assignee acquires the right to receive the contractual obligations of the promisor, who is referred to as the obligor (see Figure 14.1 "Assignment of Rights").
https://saylordotorg.github.io/text_law-for-entrepreneurs/s1...
Peer comment(s):
disagree Eliza Hall : The obligor is the person who has obligations under the contract. In US law both parties are obligors; that's often but not always true in French contract law. To call the cédé here an obligor is confusing because one or both others are also obligors.
3 hrs
How do you know asker needs a US term? My refs are authoritative
agree B D Finch : I don't understand Eliza's disagree as your references are US ones and make it clear that "both parties" are not "obligors". Anyway, there are three parties here. The question is rather unclear "the co-contractor is the same person": the same as ... ?
5 hrs
Thank you
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