Jan 9, 2019 16:08
5 yrs ago
18 viewers *
English term
Accuracy, expertise & creativity
Native in: French 
Works in: English to French, Portuguese to French
counterclaims
English to French
Other
Law: Contract(s)
hello there and HNY!
I am translating GTC of sales and I have come through this paragraph:
PAYMENT
The terms of payment are net cash unless otherwise agreed in writing. [...]
In case of counterclaims, the ordering party shall not be entitled to off-setting against due amounts unless the counterclaim derives from the same legal relationship.
I get the ordering party can't offset but what would mean the counterclaim derives from the same legal relationship. Same legal relationship of both parties ? Why same? I don't get this.
Thansk for your help,
I am translating GTC of sales and I have come through this paragraph:
PAYMENT
The terms of payment are net cash unless otherwise agreed in writing. [...]
In case of counterclaims, the ordering party shall not be entitled to off-setting against due amounts unless the counterclaim derives from the same legal relationship.
I get the ordering party can't offset but what would mean the counterclaim derives from the same legal relationship. Same legal relationship of both parties ? Why same? I don't get this.
Thansk for your help,
Proposed translations
(French)
| 4 | demandes reconventionnelles |
Michèle Voyer
|
References
| Define it first |
AllegroTrans
|
Proposed translations
7 days
Michèle Voyer
Switzerland
Switzerland
Native in English
&
French
Specializes in field
Switzerland
law & international affairs background
Native in: French (Variant: Standard-France) , English
Works in: English to French
Related KudoZ points
:
48
demandes reconventionnelles
Declined
Il semble s'agir de demandes (recours) soumises en réponse à la demande principale et qui soulèvent d'autres arguments à l'encontre de celui ou celle qui a intenté le recours. Le texte précise que la demande reconventionnelle peut être liée à la demande principale, ce qui en fait une forme de défense, ou être nouvelle, soulever des arguments nouveaux, différents, et dans ce cas elle constitue un recours séparé.
Au pluriel en anglais mais le singulier convient aussi.
--------------------------------------------------
Note added at 7 days (2019-01-17 06:36:02 GMT)
--------------------------------------------------
Found in previous Kudoz: https://fra.proz.com/kudoz/english-to-french/law-contracts/4...
Au pluriel en anglais mais le singulier convient aussi.
--------------------------------------------------
Note added at 7 days (2019-01-17 06:36:02 GMT)
--------------------------------------------------
Found in previous Kudoz: https://fra.proz.com/kudoz/english-to-french/law-contracts/4...
Reference:
Note from asker:
| Thanks, in this case I think créances et contre créances was the correct term. |
Reference comments
6 days
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Related KudoZ points
:
378
Reference:
Define it first
Meaning of “counter-claim” in the English Dictionary
Business
"counter-claim" in Business English
counter-claim noun [ C ]
also counterclaim uk us
a statement that someone makes in answer to a statement that has been made by someone else, and that is different from it:
Human rights abuses have been the subject of claim and counterclaim.
LAW a legal case that a person or an organization starts against someone who has brought a case against them:
file/make a counterclaim Dougherty filed a counterclaim, arguing that the city had no right to regulate campaign cash under the state constitution.
counter-claim
verb [ I or T ] also counterclaim
The company counterclaimed for breach of contract.
Business
"counter-claim" in Business English
counter-claim noun [ C ]
also counterclaim uk us
a statement that someone makes in answer to a statement that has been made by someone else, and that is different from it:
Human rights abuses have been the subject of claim and counterclaim.
LAW a legal case that a person or an organization starts against someone who has brought a case against them:
file/make a counterclaim Dougherty filed a counterclaim, arguing that the city had no right to regulate campaign cash under the state constitution.
counter-claim
verb [ I or T ] also counterclaim
The company counterclaimed for breach of contract.
Note from asker:
| Thanks AllegroTrans, in this case I think créance et contre créance was the right answer. |
Discussion