d’exécution restée sans effet

English translation: (enforcement notice) has remained without effect

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:d’exécution restée sans effet
English translation:(enforcement notice) has remained without effect
Entered by: Lara Barnett

21:01 Jun 14, 2014
French to English translations [PRO]
Bus/Financial - General / Conversation / Greetings / Letters / Contract between producer of Dolomite and supplier
French term or phrase: d’exécution restée sans effet
This paragraph is from the article in a contract entitled "Early termination" (this is how I have translated the heading). Company X is being supplied the Dolomite for manufacturing. The context reads:

Article 8 - Résiliation anticipée

"Outre le cas prévu à l’article 9.5, chacune des parties aura la faculté de mettre fin anticipativement au présent contrat de plein droit en cas d’inexécution fautive par l’autre partie (c’est-à-dire les Fournisseurs ou [Company X] de l’une de ses obligations essentielles trente jours après la notification par lettre recommandée avec accusé de réception d’une mise en demeure d’exécution restée sans effet."

For the final part of this paragraph I have translated the section in question with two possible options. I believe that they may sound a bit clumsy. (I provide the full para. as I have moved the phrasing around.
Would either work? or is there a better suited term to use here?:

"Further to the case provided for in point 9.5, in the event that the other party (that is to say the Suppliers or [Company X]) has failed to comply with one of its key obligations, each party shall have the option to terminate this contract earlier by operation of law, using registered mail with proof of delivery, 30 days after notification of a formal notice **which has been neglected** [or] **which has remained ineffective.**"

Would either work? or is there a better suited term to use here?:
Lara Barnett
United Kingdom
Local time: 20:40
(enforcement notice) has remained without effect
Explanation:
"to remain without effect" is aboslutely standard UK legalese.

As for the "mise en demeure d'exécution", then I quite like "default notice", as that is kind of what it boils down to and would certainly be sufficient. However, it is not spot on as the notice in question is actually about "exécution", thus about performance. In other words, this is not simply about formal notice that the default has been observed. It is a notice ordering X to give effect to "perform" one of the specific objects under the terms of the contract. Its object is to put the addressee on notice to perform one of his/her/its contractual obligations within a certain time limit, or else...!

I would consider describing this as an enforcement notice. (It's a bit like an injunction for specific performance). It is a standard part of the procedure in the chain along the road to termination and then an action for recovery.
Selected response from:

Nikki Scott-Despaigne
Local time: 21:40
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
2 +3(formal notice) to comply that has remained unheeded
Claire N.
5unsuccessful default notice
John Farebrother
4(enforcement notice) has remained without effect
Nikki Scott-Despaigne


Discussion entries: 9





  

Answers


1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +3
(formal notice) to comply that has remained unheeded


Explanation:
http://www.proz.com/kudoz/french_to_english/law:_contracts/4...

Claire N.
Local time: 15:40
Meets criteria
Works in field
Native speaker of: English
PRO pts in category: 47

Peer comments on this answer (and responses from the answerer)
agree  rkillings
45 mins
  -> Thanks.

agree  writeaway: that's the gist at any rate. this too is basic legalese
11 hrs
  -> Thanks.

agree  Yvonne Gallagher: as in corresponding question; yes, formal notice was sent but has not been complied with
15 hrs
  -> Thanks.
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15 hrs   confidence: Answerer confidence 5/5
unsuccessful default notice


Explanation:
It simply means that the default notice didn't achieve the desired result

John Farebrother
United Kingdom
Meets criteria
Native speaker of: English
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15 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
([mise en demeure] d’exécution) restée sans effet
(enforcement notice) has remained without effect


Explanation:
"to remain without effect" is aboslutely standard UK legalese.

As for the "mise en demeure d'exécution", then I quite like "default notice", as that is kind of what it boils down to and would certainly be sufficient. However, it is not spot on as the notice in question is actually about "exécution", thus about performance. In other words, this is not simply about formal notice that the default has been observed. It is a notice ordering X to give effect to "perform" one of the specific objects under the terms of the contract. Its object is to put the addressee on notice to perform one of his/her/its contractual obligations within a certain time limit, or else...!

I would consider describing this as an enforcement notice. (It's a bit like an injunction for specific performance). It is a standard part of the procedure in the chain along the road to termination and then an action for recovery.

Nikki Scott-Despaigne
Local time: 21:40
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 115
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