une mise en demeure d’exécution

English translation: enforcement notice

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:une mise en demeure d’exécution
English translation:enforcement notice
Entered by: Lara Barnett

22:37 Jun 14, 2014
French to English translations [PRO]
Bus/Financial - General / Conversation / Greetings / Letters / Contract between producer
French term or phrase: une mise en demeure d’exécution
This paragraph is from the article in a contract entitled "Early termination"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 term as

"... 30 days after notification of a **formal notice of default**..."

Is there a more appropriate term to use here, and have I fully understood the meaning?
Lara Barnett
United Kingdom
Local time: 18:17
enforcement notice
Explanation:
See post in reply to previous question.

--------------------------------------------------
Note added at 14 hrs (2014-06-15 13:06:38 GMT)
--------------------------------------------------

For "mise en demeure d'exécution", the term "default notice", is not bad, but 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 ("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: 19:17
Grading comment
Thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
2 +4formal notice to comply
Claire N.
4 +1enforcement notice
Nikki Scott-Despaigne
5default notice
John Farebrother
4notice to perform
rkillings


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
notice to perform


Explanation:
exécution (d'un contrat) = performance (of a contract)

Notice sent in the event that the other party to the contract is not performing as agreed.

rkillings
United States
Local time: 10:17
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 9
Login to enter a peer comment (or grade)

13 hrs   confidence: Answerer confidence 5/5
default notice


Explanation:
default = fail in a duty

John Farebrother
United Kingdom
Meets criteria
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
neutral  Daryo: "A default notice is a formal letter sent to you by a lender or creditor if you are in arrears with your account..." here it's not only about money, it's also about late or non-delivery of goods or services
1 hr
Login to enter a peer comment (or grade)

14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
enforcement notice


Explanation:
See post in reply to previous question.

--------------------------------------------------
Note added at 14 hrs (2014-06-15 13:06:38 GMT)
--------------------------------------------------

For "mise en demeure d'exécution", the term "default notice", is not bad, but 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 ("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: 19:17
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 115
Grading comment
Thank you.

Peer comments on this answer (and responses from the answerer)
agree  Jennifer Forbes
17 hrs
Login to enter a peer comment (or grade)

19 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +4
formal notice to comply


Explanation:
Such termination shall take effect only where the contractor has been given formal notice to comply by means of a registered letter with acknowledgement of service and has failed to do so within a period of one month.

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:620...

--------------------------------------------------
Note added at 15 hrs (2014-06-15 14:02:13 GMT)
--------------------------------------------------

More specifically, it's ''exécution de ses obligations", which means to "carry out one's obligations" (with respect to the contract).



Claire N.
Local time: 13:17
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  Robert Miki: yes
16 mins
  -> Thanks.

neutral  writeaway: comply with what?
1 hr
  -> with the agreement they had made.

agree  Daryo: ... with his contractual obligations, if it's necessary to be explicit
14 hrs
  -> Thanks.

agree  Yvonne Gallagher: yes with Daryo...the notice has been sent by registered letter giving 30 days to comply with the contractual terms otherwise there is breach and possibly rescission
15 hrs
  -> Thanks.

agree  AllegroTrans
2 days 34 mins
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.

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:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search