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pilotare carichi
ROT
Apr 30, 2018 09:10
6 yrs ago
3 viewers *
Italian term

risoluzione (pazriale) non in danno

Italian to English Law/Patents Law: Contract(s) provision of services
Good morning, all!

Si propone la **risoluzione parziale non in danno del contratto**

Company A provided services to company B, has fulfilled all obligations, it's just that vehicles serviced are no longer in use and the idea is to terminate that part of the contract.
While there is a considerable abundance of 'risoluzione per danno', the opposite seems less common.
I've looked for 'termination not for breach/not for damages' without luck...

thank you
Proposed translations (English)
4 (partial) termination with survival of the agreement
3 partial, non-resolutive deletion of articles......
3 resolution without damages

Discussion

mrrafe May 4, 2018:
Derogation Alison, as to lawyering, yes I've written a lot of opinions but of course that's not to say any of them were good. Regardless, for me derogation connotes something more destructive or inimical to the contract or rule than a mere exemption. That's what is stated to have not happened. See https://en.wikipedia.org/wiki/Derogation Had there been damages or fault, I would have been thinking in terms of detrimental instead. In the end, I find philgoddard's solution (3rd discussion entry) the best - the moist facile, anyway. If writing a contractual term on a clean slate in English, I would have simply said the vehicles proviso was voided without prejudice to the remaining provisions, and no other folderol about damages, breach, severance, survival in whole or part, whatever. Lawyers getting tied up in knots here.
Shabelula May 1, 2018:
ok I just tried. Derogation gives me the sense of "exemption", too
Alison Kennedy May 1, 2018:
this term ... so clear but ... Dear mrrafe, I think we speak two different types of English, with or without the pond between us; from a legal standpoint, "in derogation of" means "an exemption from or a relaxation of a rule", so, not in derogation of would be "not an exemption from the agreement? I have never seen this. I stand corrected if you are a lawyer, I just have a law degree ...
mrrafe May 1, 2018:
In US we would say "not in derogation of" rather than "non-detrimental," if that's the intent. Derogation means subtracting; detrimental means harmful. Resolutive is incorrect.
Shabelula May 1, 2018:
could "non in danno" be "non-detrimental" or "non-resolutive"
Shabelula May 1, 2018:
how about modification/termination for items....
philgoddard Apr 30, 2018:
I would just say "partial termination" and ignore "non in danno".
mrrafe Apr 30, 2018:
Understood but what I mean is, the parties may be referring to the absence of damages rather than the absence of breach. The opposite of per danno may be "without damages," not "without breach" as your question supposes. (I'm using "damages" in the sense of "liability" or "payment" rather than "injury.")
Kreonia (asker) Apr 30, 2018:
thanks for your quick answers!. Mrrafe: there has been no breach, no damages - there is simply no point in that part of the contract continuing because the vehicles are no longer operational.

Proposed translations

23 mins
Selected

(partial) termination with survival of the agreement

I think it means this, i.e. an agreement is terminated in part with regard to certain obligations but without detriment to the survival of the agreement which will continue to operate and be effective.
Peer comment(s):
neutral mrrafe : I agree, but what is it saying about danno (damages or breach)? That also is important. If it means survival, then I would use "not in derogation of the contract" as a more literal translation.
15 mins
in danno means without detriment to, in this case, the agreement - i.e it survives ...
neutral philgoddard : This is a tautology. If the agreement is partially terminated, it survives.
8 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thanks Alison - this was helpful, but thinking about it I also felt the Phil had a point."
1 day 2 hrs
Italian term (edited): risoluzione (parziale) non in danno

partial, non-resolutive deletion of articles......

an attempt. Any agreement?
Something went wrong...
33 mins

resolution without damages

Are you sure danno means breach? I think it just means damages. So the opposite of per danno would be, no damages. Then the point pf the quoted recital would be not the absence of a breach but that, given the impossibility of performance, the parties' preferred remedy is only termination (partial) with no damages.

typo - parziale not pazriale

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Note added at 1 hr (2018-04-30 10:26:43 GMT)
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Never mind, this is wrong. Would translate it as "not in derogation of the contract."

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Note added at 4 days (2018-05-04 23:33:32 GMT)
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Again, I'd like to retract this answer, but I don't like to hide them.
Reference:

https://it.wikipedia.org/wiki/Risoluzione_per_inadempimento

Something went wrong...
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