obligation de veille

English translation: (not) required to check for

02:00 Jul 19, 2019
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Service Provision Agreement
French term or phrase: obligation de veille
"XXXXXXXXXX effectue les contrôles des Bons de Réduction, mais n’est pas tenue d’une obligation de veille sur d’éventuelles pratiques d’utilisation non conforme par des tiers, des Bons de Réduction."
Conor McAuley
France
Local time: 14:28
English translation:(not) required to check for
Explanation:
This might work, in its sense of "vérifier la présence de"
Selected response from:

ormiston
Local time: 14:28
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4(not) required to check for
ormiston
4 +2to guard against / watch out for
Tony M
3 +2duty to monitor
mrrafe
4 +1duty of vigilance
Francois Boye
3 +1committed to a constant 'watching brief' over; bound by a constant supervisory duty in respect of
Adrian MM.
4 -1Obligation to supervise
Ali Sharifi
4 -3obligation to exercise due diligence
Richard MORT
Summary of reference entries provided
Duty of supervision
B D Finch

Discussion entries: 12





  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
obligation to exercise due diligence


Explanation:
I am also wondering whether 'veille' should be 'veiller' and is a typo?

Richard MORT
Germany
Local time: 14:28
Specializes in field
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
disagree  Tony M: No reason whatever to assume a typo, and from the context, there is no issue of 'due diligence' here; and as mrrafe points out, you can't really waive such an obligation.
4 hrs
  -> Fair enough. I could have answered that more carefully. Note to self. Pace the answers.

disagree  Eliza Hall: Due diligence isn't the issue here.
14 hrs

disagree  AllegroTrans: Due diligence is something else
2 days 23 hrs
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34 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
duty to monitor


Explanation:
Veille = monitoring. https://fr.wikipedia.org/wiki/Veille_juridique_et_réglementa...

I don't think it's legally possible to waive the obligation of due diligence, because "due" diligence by definition is that diligence which is mandatory.

mrrafe
United States
Local time: 08:28
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Tony M: Although 'monitor' works in many contexts, I can't help feeling it doesn't here, as you can't really not 'monitor' something that may not be happening anyway.
3 hrs
  -> Thanks. I agree.

agree  GILLES MEUNIER
4 hrs
  -> Merci Gilou.

agree  Eliza Hall: I think it works in context if you add "for": "no duty to monitor for possible nonconforming usage..."
13 hrs
  -> Agreed, thanks.
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
to guard against / watch out for


Explanation:
I think the nly way to handle this here is to take the phrase as a whole, so as to be able to remove the word 'obligation', which sits rather awkwardly here in EN:

"...is not obliged to guard against / watch out for..."

'watch out for' is probably closer to 'veille', although sounds at first to be a rather lower register in EN. 'Keep an eye out for' ditto!

Tony M
France
Local time: 14:28
Native speaker of: Native in EnglishEnglish
PRO pts in category: 343

Peer comments on this answer (and responses from the answerer)
agree  ormiston: 'guard against' implies action upstream on their part vs simply keeping tabs on, but that is perhaps the meaning here (they are not required to do this)
42 mins
  -> Thanks, Ormiston!

agree  mrrafe: Agree with Tony & Ormiston, exactly so
1 hr
  -> Thanks, mrrafe!

neutral  B D Finch: I don't think that's a sufficiently contractual register.
6 hrs
  -> Thanks, B!

neutral  Eliza Hall: I agree with your basic idea, but also agree with BD Finch that the register is wrong. "Obligation" should remain, but become "duty" (has no duty to guard against...)
9 hrs
  -> Thanks, Eliza! I think as this is NEGATIVE, 'not obliged to' is more appropriate than 'does not have a duty to'.
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
tenue d'une obligation de veille sur
committed to a constant 'watching brief' over; bound by a constant supervisory duty in respect of


Explanation:
Having absorbed the points raised in the previous answers, I think that the whole extended phrase needs to be looked at in the context of forestalling vs. supervision.

Too verbose might be a 'binding by a requirement of constant future supervision' as in ENG (and Irish) courts of law that will not grant injunctions for specific performance of contracts that 'require constant supervision', plus 'in respect of' for 'sur' or ('sobre') is a legal ES/FR>EN translational copout.

All I'm sure of is that the obligation, *covenant* or undertaking was not entered into the 'day before'.

PS there is no need to lift parts of this explanation and post them as separate answers.

Example sentence(s):
  • Specific performance is commonly used in the form of injunctive relief concerning confidential ... The contract required *constant supervision*.-

    Reference: http://www.proz.com/personal-glossaries/entry/10347074-note-...
    Reference: http://www.linguee.fr/anglais-francais/traduction/watching+b...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: mais n’est pas tenue d’une obligation de veille /but it is essential to the context.
24 mins
  -> N'est pas is not part of the question asked.//Then take up the point with the other answers.

agree  Tony M
1 hr
  -> Merci and thanks for your 'watching' idea I plagiarised ('cribbed') to trigger the 'brief'.

agree  B D Finch: I like "watching brief", but not sure whether it is sufficiently formal. I think "duty of supervision" might be better than "supervisory duty", but that is close enough for me not to post an alternative answer.// 2nd thoughts: agree with Eliza re constant
4 hrs
  -> Thanks, merci and indeed. I had anticipated your point by placing the term in single, inverted commas and trying to divert attention to insertion of the qualifier of 'constant', albeit that splits the infinitive of *duty to supervise any user practic/ses*

disagree  Eliza Hall: I don't see anything in the FR that justifies the word "constant" in the EN, and using "constant" makes it sound like there might be an intermittent duty -- which the FR does not suggest.
7 hrs
  -> veille subsumes constant cf. to keep vigil en.wiktionary.org/wiki/veiller and the asker has already picked up on my watching brief idea.
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
duty of vigilance


Explanation:
My take

Francois Boye
United States
Local time: 08:28
Native speaker of: Native in FrenchFrench
PRO pts in category: 36

Peer comments on this answer (and responses from the answerer)
neutral  Eliza Hall: I agree with the phrase alone (obligation de veille = duty of vigilance), but it would need to be reworded to fit in this sentence.
2 hrs
  -> 'is not bound to perform a duty of vigilance over any use...'

neutral  Adrian MM.: duty of vigilance over and not of... The latter implies - as you should know in English - that the use has a duty of vigilance.
4 hrs
  -> Thanks for the remark!

agree  Daryo: could work // if they had "une obligation de veille" all they would be expected to do would be to be careful who they accept these "Bons de Réduction" from - be vigilant about that, not "watching over" anyone.
4 hrs
  -> Thanks!
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1 day 4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
(not) required to check for


Explanation:
This might work, in its sense of "vérifier la présence de"

ormiston
Local time: 14:28
Works in field
Native speaker of: English
PRO pts in category: 16
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Ph_B (X)
1 hr

agree  Tony M
1 hr

agree  GILLES MEUNIER
2 days 20 hrs

agree  SafeTex: I think the next bit of the sentence could be translated as "misuse" and this suggestion fits in well with this word.
4 days
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10 days   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
Obligation to supervise


Explanation:
Supervise or watch over.

Ali Sharifi
United States
Local time: 08:28
Works in field
Native speaker of: Native in Persian (Farsi)Persian (Farsi)

Peer comments on this answer (and responses from the answerer)
disagree  Tony M: Definitely not 'supervise', which implies that there might exist some notion of 'control' over that which is being supervised. "Watch over" is closer to the context, but not only is ia a transitive verb (= requires a direct object), it's also too informal
1 hr
  -> Let's see what the asker says.
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Reference comments


11 hrs
Reference: Duty of supervision

Reference information:
https://core.ac.uk/download/pdf/56357116.pdf
by HG Goldberg - ‎Cited by 5 - ‎Related articles
impose liability on design professionals for construction site accidents. 2 ..... to perform the duty of supervision could result in tort or contract liability, but an action ...

https://books.google.fr/books?isbn=0735592578
Kenneth C. Gibbs, ‎Gordon Hunt - 2010 - ‎Law
With this notice, the contractor would have a duty to rectify the problem. This duty of supervision imposed by the statutory licensing scheme, like the above ...

https://books.google.fr/books?isbn=0735521743
Robert F. Cushman, ‎John D. Carter, ‎Paul J. Gorman - 2001 - ‎Law
project benchmarks, which the contractor claimed to have relied upon in the ... the court held that the engineer owed no duty of supervision to the contractor ...


    https://books.google.fr/books?isbn=0735592578
    https://core.ac.uk/download/pdf/56357116.pdf
B D Finch
France
Specializes in field
Native speaker of: English
PRO pts in category: 369
Note to reference poster
Asker: Hmmm, interesting, this duty of supervision.


Peer comments on this reference comment (and responses from the reference poster)
neutral  Eliza Hall: In a vacuum this can be a good translation, but it doesn't make sense in this sentence. The duty there isn't about supervising something that happens, but about monitoring to see if something is happening.
3 hrs
  -> That is what a duty of supervision entails. Except, note that they are not bound by any" obligation de veille" here, which makes it easier.
neutral  Daryo: dont think that checking who from you accept some "Bons de Réduction" could be called "supervision" - they are not supposed to be "supervising" these people all the time.
9 hrs
  -> A contractual duty of supervision is not the same as a manager supervising their staff.
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