d’exécution restée sans effet

19:30 Jun 15, 2014 

Thanks for your extra comments. I understand all except 3. I see your point about the difference between possibility and certainty, but aren't all conditional phrases expressed with a certainty and a possibility?

14:51 Jun 15, 2014 

The standard legalese for this would be "de jure" (as a matter of law).
"Automatically" is too familiar for this type of context, particularly in view of the register of the French. However, "de jure" may be a little OTT.
I see nothing wrong with using "as a mater of law" or "by operation of law".

13:21 Jun 15, 2014 

can be "by operation of law", and most often is - when some law is applied whether the involved party (ies) like(s) like it or not;
Here it's something agreed between the parties, not something imposed by law, so "automatically" would be better suited.

12:36 Jun 15, 2014 

I think you might wish to consider rewording the whole paragraph. There are a couple of dodgy bits with possible contradictions.

1) Résilitation anticipée.

Given that a contract cannot be terminated after its due term, then you might like to consider “termination clause”. However, the French does of indicate that this section relates specifically to early termination, so it may be best to stick with that. Just a thought...

2) Article 9.5 = point 9.5?
Paragraph, section, but not “point”; never, in a contract!

3) In the event that… shall have the option = an impossibility, as “in the event” introduces possibility, “shall” introduces certainty. This makes this rendering awkward, even contradictory. This has to be rephrased.

4) “Notification of a formal notice” is a bit od to my English ears. It would be more usual to say “receipt of formal notice”. (You can be notified that a formal notice has been sent, yet not have received the formal notice, in which case you have not been notified! Do you see the problem?)

22:49 Jun 14, 2014 

22:38 Jun 14, 2014 

"restée sans effet"

22:38 Jun 14, 2014 

Re Parsing: It must be both phrases, for this question I will use "restée sans effet", and I have posted another question for "mise en demeure d'execution", which is here: http://www.proz.com/kudoz/5585014

"de plein droit": I have found various kudoz entries using "by operation of law" for this translation.

Thank you for your help.

21:43 Jun 14, 2014 

"d’exécution restée sans effet" is not one unit , it's two fragments belonging to two groups:

[une mise en demeure d’exécution] + [restée sans effet]

so there are potentially two questions:

1 -- une mise en demeure d’exécution

2 -- restée sans effet

which one is causing you troubles?

BTW as far as I remember "de plein droit" and "by operation of law" are not used in the same situation.

21:23 Jun 14, 2014 

...if notice requiring immediate performance/containing the requirement of immediate performance, sent by registered mail, with return receipt requested, remains ignored for 30 days.