Glossary entry (derived from question below)
French term or phrase:
survivance
English translation:
survival of clauses
Added to glossary by
LAB2004
Feb 25, 2007 12:17
17 yrs ago
22 viewers *
French term
survivance
French to English
Law/Patents
Law: Contract(s)
Survivance de certaines clauses du contrat
I know that this means that certain contract clauses will remain in force irrespective of certain situations but don't know how best to incorporate this in the title of an article in an agreement. Could we say 'Effectiveness of certain contract clauses' - or would that open to misinterpretation? Any other suggestions?
I know that this means that certain contract clauses will remain in force irrespective of certain situations but don't know how best to incorporate this in the title of an article in an agreement. Could we say 'Effectiveness of certain contract clauses' - or would that open to misinterpretation? Any other suggestions?
Proposed translations
(English)
| 4 +2 | survival of clauses |
cmwilliams (X)
|
| 3 | continuity |
Cetacea
|
| 3 | survivorship |
Pasquale Capo
|
| 4 -1 | binding (clause) |
B D Finch
|
| 2 -1 | arbitration clause |
Odette Grille (X)
|
Proposed translations
+2
1 hr
Selected
survival of clauses
SURVIVAL OF CLAUSES. The following Clauses shall survive termination of this Agreement for whatever. reason: Clause 12 (Limitations of Liability), ...
www.wrap.org.uk/document.rm?id=2286
Survival of clauses. Governing law • Exclusive or non-exclusive jurisdiction of the court • Jurisdiction • Choice of law • The Contracts (Applicable Law) ...
www.thelawyer.com/ct/EVENT/97161/11/cgi-bin/course.cgi?show...
SURVIVAL OF CLAUSES. Should any clause of this article be deemed unenforceable by a court of law or the United States Postal Service, then the remaining ...
writerdirector.com/articles/automated_contracts.htm
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Note added at 1 hr (2007-02-25 13:54:06 GMT)
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there's also the 'severability clause' which may also fit your context
http://www.nolo.com/definition.cfm/Term/E61B4597-F3A1-46B6-B...
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Note added at 3 hrs (2007-02-25 16:01:36 GMT)
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Or you could just have 'survival' as a heading. Severability is usually a separate clause
14.7 Survival. Certain Clauses and obligations shall survive the termination or expiry of this Agreement including without limitation Confidentiality, ...
www.agis-telecom.com/terms.htm
Clause 29 SURVIVAL. Clause 30 SEVERABILITY. Clause 31 EXCLUSION OF OTHER PROVISIONS ... sub-contracts a termination for convenience clause in substantially ...
www.suppliermanager-online.com/contract/docs/contract_uk.pd...
8.4 Survival. Clauses 4, 5, 6 and 8 of these Standard Terms will survive the completion, expiration, termination or cancellation of this Agreement. ...
help.aol.co.uk/aol-standard-terms-and-conditions-for/article/20070129104109990003?n=collection&p=Web%...
Peer comment(s):
| agree |
AllegroTrans
: this is what would most probably be used in an English (UK) context
4 hrs
|
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Thanks AllegroTrans
|
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| agree |
Conor McAuley
: Very convincing references
20 hrs
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Thanks Conor
|
4 KudoZ points awarded for this answer.
Comment: "Thank you very much! "
-1
40 mins
arbitration clause
from my research it would be an extension of some of the terms of a contract, even if said has ended
Peer comment(s):
| disagree |
AllegroTrans
: cqannot see how arbitration has anything to do with this-the asker does not even mention arbitration
4 hrs
|
1 hr
continuity
When the euro was first introduced, "continuity of contract" (i.e. the question whether a contract would remain enforceable even if it referred to local currencies only) was a big issue in Europe, that's why the term immediately came to my mind when I read your question. Based on that, the term should be applicable to individual clauses as well.
Peer comment(s):
| neutral |
AllegroTrans
: right idea, but not the word usually used in contracts
4 hrs
|
1 hr
Pasquale Capo
Canada
Canada
Native in English
Specializes in field
Canada
Professionalism, accuracy and expertise
Native in: Italian (Variants: Sicilian, Molisano, Abruzzese, Calabrian (Calabrese)) 
, English
Works in: English to Italian, Italian to English
Related KudoZ points
:
12
survivorship
it is used in intervivos contracts; although I have not seen applied to describe the nature of the contract itself, it may be possible...when in doubt go litteral, n'est pas??PC
-1
3 hrs
binding (clause)
I think that this would be called a **binding clause**. In the example below, a building contract could always be terminated if it became impossible for the project to proceed or if there was a complete breakdown of the client-contractor relationship (particularly if caused by the incompetence of the contractor). However, the recourse to the dispute settlement procedure would survive the termination of the contract.
e.g. "Applications for Leave for Temporary or Permanent Removal ... building contract which has a binding clause which provides for resolution of a ..."
www.legalservices.gov.uk/docs/cls_main/volume_3c_(fc_guidan...
e.g. "Applications for Leave for Temporary or Permanent Removal ... building contract which has a binding clause which provides for resolution of a ..."
www.legalservices.gov.uk/docs/cls_main/volume_3c_(fc_guidan...
Peer comment(s):
| disagree |
AllegroTrans
: it may well be "binding" but the context here is clauses that survive after the occurrence of certain events, e.g. a breach of contract
2 hrs
|
Discussion