This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
  1. KudoZ™ Top
  2. French to English
  3. Law: Contract(s)

simples tolérances

English translation: verbatim: "plain/simple tolerances"

17:27 May 29, 2018
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Commercial lease
French term or phrase: simples tolérances
This is in a commercial lease for a building - queried terms in the asterisks.

ARTICLE 23 - TOLERANCE - MODALITES D’EXECUTION - INDIVISIBILITE

23.1. Toute modification des présentes ne pourra résulter que d’un document écrit et exprès sous forme d’acte bilatéral ou d’échanges de lettres.

Cette modification ne pourra en aucun cas être déduite, soit de la passivité du Bailleur, soit même de *simples tolérances*, quelles qu’en soient la fréquence et la durée, le Bailleur restant toujours libre d'exiger à tout instant la stricte application des clauses et stipulations qui n'auraient pas fait l’objet d'une modification expresse et écrite par voie d’avenant dûment signé par les parties.

From what I have read the lessor's tolerance of undesirable conduct (e.g. using the premises for purposes other than those agreed in the lease) does not stop them from being able to invoke the early termination clause if they wish to.
My translation is "single instances of tolerance", but maybe there is something better out there?

Also, the existing PROZ answer does not really fit my context.
Elizabeth Niklewska
United Kingdom
Local time: 22:01
English translation:verbatim: "plain/simple tolerances"
Explanation:
A lot of lawsuits are founded on the fact that something has been tolerated during a more or less long span of time and one party asks that it becomes something like a permanent term in the contractual relation with the other part. An habit can become enforceable before the court (e.g. cohabitation as a couple as a non-written proof of a right to inheritance)
This segment means that no part can deduce that something has become legal and accepted as an agreed term between both parts because it had been tolerated in the past. And this stands as an example of a situation that is contrary to the rule previously edicted: either a change has been agreed in writting or it's no enforceable term (acte bilatéral ou échange de lettres).
I think you've absolutely understood the situation but I don't agree with your "single" word. A tolerance must be repetitive to take chances with its enforceability. Therefore "single" can be misunderstood. A benevolent acceptance could raise issues and become enforceable, but not here.
In your example, the demand to terminate the contract is perfectly valid because the contract precisely states that any changes will be agreed in writing. A tacit tolerance is no written term.

I can't speek for other countries but such terms exist in French contracts to counter possible invocations of the enforceability of a usage tolerance.

--------------------------------------------------
Note added at 23 hrs (2018-05-30 17:16:55 GMT)
--------------------------------------------------

Sorry. I wrote "speeak" and deleted the wrong letter. "speak", of course.
Selected response from:

Yves ALLAIN (X)
France
Local time: 23:01
Grading comment
A point for the explanation - the translation is used in tech translations. My take: "simple toleration"
1 KudoZ points were awarded for this answer



Summary of answers provided
4verbatim: "plain/simple tolerances"
Yves ALLAIN (X)


Discussion entries: 2





  

Answers


23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
verbatim: "plain/simple tolerances"


Explanation:
A lot of lawsuits are founded on the fact that something has been tolerated during a more or less long span of time and one party asks that it becomes something like a permanent term in the contractual relation with the other part. An habit can become enforceable before the court (e.g. cohabitation as a couple as a non-written proof of a right to inheritance)
This segment means that no part can deduce that something has become legal and accepted as an agreed term between both parts because it had been tolerated in the past. And this stands as an example of a situation that is contrary to the rule previously edicted: either a change has been agreed in writting or it's no enforceable term (acte bilatéral ou échange de lettres).
I think you've absolutely understood the situation but I don't agree with your "single" word. A tolerance must be repetitive to take chances with its enforceability. Therefore "single" can be misunderstood. A benevolent acceptance could raise issues and become enforceable, but not here.
In your example, the demand to terminate the contract is perfectly valid because the contract precisely states that any changes will be agreed in writing. A tacit tolerance is no written term.

I can't speek for other countries but such terms exist in French contracts to counter possible invocations of the enforceability of a usage tolerance.

--------------------------------------------------
Note added at 23 hrs (2018-05-30 17:16:55 GMT)
--------------------------------------------------

Sorry. I wrote "speeak" and deleted the wrong letter. "speak", of course.


Yves ALLAIN (X)
France
Local time: 23:01
Specializes in field
Native speaker of: French
PRO pts in category: 1
Grading comment
A point for the explanation - the translation is used in tech translations. My take: "simple toleration"

Peer comments on this answer (and responses from the answerer)
neutral  Daryo: yes for the explanation, but not the translation
4 hrs
neutral  Mauriceh: agree also with the explanation but not sure the of the english equivalent. The word that comes to mind is acquiescence (which is in effect to simple tolerate by giving into something)
18 hrs
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

Return to KudoZ list

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

See also:
ProZ.com term search
Search millions of term translations
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search