et qui auraient le même objet.

English translation: and which pertain/pertaining to the same subject

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase: et qui auraient le même objet.
English translation:and which pertain/pertaining to the same subject
Entered by: Yvonne Gallagher

11:01 Jun 15, 2014
French to English translations [PRO]
Law/Patents - Law (general) / Contract between producer
French term or phrase: et qui auraient le même objet.
Obviously I understand the gist of this regarding the same issues or intention, but I cannot see where this fits into the phrasing (and therefore its accurate meaning) or if there may be a more standard term I could use. The context reads:

"Le présent contrat annule et remplace tous accords écrits et/ou verbaux intervenus entre les filiales de [company A] d’une part et chacun des Fournisseurs ([Company B], [Company C]) d’autre part avant la signature des présentes et qui auraient le même objet."

So far I have translated:

"This contact cancels and replaces all written and/or verbal agreements made between the subsidiaries of both [company A] and the two Suppliers ([Company B] and [Company C]) prior to signng this contract...?"
Lara Barnett
United Kingdom
Local time: 18:40
and pertaining to the same subject
Explanation:
the contract or clause have the same subject

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Note added at 6 mins (2014-06-15 11:08:15 GMT)
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or reason

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Note added at 17 mins (2014-06-15 11:19:01 GMT)
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Repositioning the phrase


"This contact cancels and replaces all written and/or verbal agreements, which pertain/pertaining to the same subject, which have been made between the subsidiaries of [company A] and the two Suppliers ([Company B] and [Company C]) prior to signing this contract...?

I would omit "both" as there are 3 companies involved A, B and C

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Note added at 2 hrs (2014-06-15 13:02:39 GMT)
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slightly reworded. Other wordings are possible to best suit context

This contract cancels and replaces (OR supercedes) all written and/or oral agreements, which pertain/pertaining to the same subject, which have been drawn up/established/made between the Parties, viz. the subsidiaries of [company A] and the two Suppliers ([Company B] and [Company C]) prior to the signing of this contract
Selected response from:

Yvonne Gallagher
Ireland
Local time: 18:40
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5and pertaining to the same subject
Yvonne Gallagher
5 +1And which share the same object; - have the same object.
Nikki Scott-Despaigne
5with the same subject matter
John Farebrother
3 +1and having the same purport
Adrian MM. (X)
4with respect to its subject matter
Evgeny Artemov (X)
3 +1and having the same purpose
DLyons


Discussion entries: 6





  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
and having the same purpose


Explanation:
*

DLyons
Ireland
Local time: 18:40
Meets criteria
Native speaker of: English
PRO pts in category: 32

Peer comments on this answer (and responses from the answerer)
agree  Oliver Toogood: That's it for me
5 mins
  -> Thanks Oliver.

neutral  writeaway: subject or object of a contract. purpose of a company......
58 mins
  -> Thanks writeaway. Could be, IANAL.
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12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
with respect to its subject matter


Explanation:
This is the usual language of the Entire Agreement clause.

Evgeny Artemov (X)
South Africa
Local time: 19:40
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in RussianRussian
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
neutral  Tony M: Wouldn't work as it stands, since the subject of the verb here is 'accords'
1 min
  -> Sure, it has to be moved closer.
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1 hr   confidence: Answerer confidence 5/5
with the same subject matter


Explanation:
any prior agreements covering the same subject matter

John Farebrother
United Kingdom
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 11

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: subject matter already given as answer. subject or subject matter -no difference.
6 mins
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5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
and pertaining to the same subject


Explanation:
the contract or clause have the same subject

--------------------------------------------------
Note added at 6 mins (2014-06-15 11:08:15 GMT)
--------------------------------------------------

or reason

--------------------------------------------------
Note added at 17 mins (2014-06-15 11:19:01 GMT)
--------------------------------------------------

Repositioning the phrase


"This contact cancels and replaces all written and/or verbal agreements, which pertain/pertaining to the same subject, which have been made between the subsidiaries of [company A] and the two Suppliers ([Company B] and [Company C]) prior to signing this contract...?

I would omit "both" as there are 3 companies involved A, B and C

--------------------------------------------------
Note added at 2 hrs (2014-06-15 13:02:39 GMT)
--------------------------------------------------

slightly reworded. Other wordings are possible to best suit context

This contract cancels and replaces (OR supercedes) all written and/or oral agreements, which pertain/pertaining to the same subject, which have been drawn up/established/made between the Parties, viz. the subsidiaries of [company A] and the two Suppliers ([Company B] and [Company C]) prior to the signing of this contract

Yvonne Gallagher
Ireland
Local time: 18:40
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 98
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Tony M: Yes, and I would be tempted to move the position of this phrase in the sentence, in order to make the meaning clearer by bringing it closer to the subject of the verb, doing away with the lengthy interruption of the subordinate clause. / Not 'reason'
5 mins
  -> Thanks Tony, yes, I'd reposition also. See above.//yep meant "purpose" but "subject" is the more common legal phrase anyway

agree  katsy
12 mins
  -> Thanks Katsy:-)

agree  writeaway: yes, subject oeuf corse but don't agree with the full "repositioned" translation. purpose is wrong in any case.
1 hr
  -> Thanks (I was just using "reason/purpose" to try to explain in simple terms "subject" (of the contract) which is what I always use.)

agree  Daryo
2 hrs
  -> many thanks Daryo:-)

neutral  Nikki Scott-Despaigne: Yes, for "supersede". (Thank you, that was driving me mad; I knew there was a term somewhere)! "Object" though or "purpose" too, precisely the terms used, rather than "subject" with which I disagree.// Source for "subect"?
3 hrs
  -> yes, supercede is better. "Subject" is correct for contracts.

agree  B D Finch
6 hrs
  -> Many thanks Barbara:-)
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
And which share the same object; - have the same object.


Explanation:
Present tense in English for this part.
The choice of the term "objet" is significant in contract law.
In order for any contract to be valid, there are a certain number of clauses which are indispensible, one of which must clearly indicate the object of the contract. The object must, naturally enough, be lawful.

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Note added at 2 hrs (2014-06-15 13:46:36 GMT)
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http://youcanwin.hubpages.com/hub/Essentials-of-a-valid-Cont...



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Note added at 3 hrs (2014-06-15 14:03:21 GMT)
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http://en.wikipedia.org/wiki/Contract

In common law legal systems, a contract (or informally known as an agreement in some jurisdictions) is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation."[1]



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Note added at 3 hrs (2014-06-15 14:44:17 GMT)
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Extract from my first reference :
"Lawful Object: The objective of the agreement must be lawful. Any act prohibited by law will not be valid and such agreements cannot be treated as a valid contract. A rents out his house for the business of prostitution or for making bomb, the acts performing there are unlawful. Hence such agreement cannot be treated as a valid contract. Therefore the consideration as well as the object of the agreement should be lawful."

Nikki Scott-Despaigne
Local time: 19:40
Meets criteria
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 443

Peer comments on this answer (and responses from the answerer)
neutral  Yvonne Gallagher: In my early days of contracts I translated "objet" as "object" and was told to use "subject" instead. "object" or "purpose" imo are not correct for contracts
1 hr
  -> Looks as though we disagree. In my legal training, academic and professional, "object" was used. // Subject matter of a contract is much more general. The "object" or "purpose" relates to the reason why the parties have entered into a contract at all.

neutral  B D Finch: You are, of course, right about a contract having an object. However, I am not convinced that is the correct term here. This really turns on what is covered by "objet" in the French.
3 hrs

agree  Germaine: https://www.google.ca/?gws_rd=cr,ssl#q=supersedes "any previ...
12 hrs
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11 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
and having the same purport


Explanation:
Dodges and fudges the subject-matter vs. object or purpose conundrum, purport straddling purview and point.


    Reference: http://www.proz.com/kudoz/french_to_english/law_contracts/29...
    Reference: http://www.thefreedictionary.com/purport
Adrian MM. (X)
Local time: 19:40
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858

Peer comments on this answer (and responses from the answerer)
agree  Yolanda Broad
17 hrs
  -> Thanks and another wise choice.
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