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English translation: The counterparty or other contracting party

01:26 Oct 29, 2018
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: le cédé
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!
Nektaria Notaridou
English translation:The counterparty or other contracting party
Explanation:
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.
Selected response from:

Eliza Hall
United States
Local time: 07:34
Grading comment
Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4the obligor
AllegroTrans
4The counterparty or other contracting party
Eliza Hall
5 -3the assignee
Amany Saeed
2 -1the assigned party
SafeTex


Discussion entries: 8





  

Answers


3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -3
the assignee


Explanation:
This means someone who the rights were assigned to by another party

Amany Saeed
Egypt
Specializes in field
Native speaker of: Native in ArabicArabic

Peer comments on this answer (and responses from the answerer)
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
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3 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): -1
the assigned party


Explanation:
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

SafeTex
France
Local time: 13:34
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52

Peer comments on this answer (and responses from the answerer)
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   confidence: Answerer confidence 4/5Answerer confidence 4/5
the obligor


Explanation:
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...

AllegroTrans
United Kingdom
Local time: 12:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 527

Peer comments on this answer (and responses from the answerer)
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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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
The counterparty or other contracting party


Explanation:
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.


Eliza Hall
United States
Local time: 07:34
Specializes in field
Native speaker of: English
PRO pts in category: 60
Grading comment
Thank you!
Login to enter a peer comment (or grade)



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