French term
Germany
translator of Bourdieu...
Native in: English (Variants: New Zealand, UK, Australian, US, Canadian, British) 
Works in: French to English
conventionnellement
May 5, 2008 08:59: Steffen Walter changed "Term asked" from "conventionellement" to "conventionnellement"
Non-PRO (1): writeaway
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Proposed translations
contractually
If the contract is cancelled, the party responsible is (contractually) liable to pay compension under the penalty clause.
| agree |
AllegroTrans
1 hr
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Thanks Allegro
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| agree |
Christian Robitaille
: I also think the term refers to "contractual liability", and therefore, "contractually" is the perfect translation.
20 hrs
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Thanks Christian
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| agree |
swanda
20 hrs
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Thanks Swanda
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France
Experience and feel
Native in: French 
, English (Variant: British)
Works in: English to French, French to English
on a private agreement basis
Private agreement on its own might do??? May be basis is pointless and private agreement alone coud do?
| neutral |
Attorney DC Bar
: Why 'private' agreement at all? Why not just call it an 'agreement' tout court?
4 hrs
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just as it could be a formal, certified or whatever authorised agreement... but my be I am wrong!!! :)
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| neutral |
writeaway
: as agreed?
8 hrs
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Retired as of Jan 2019!
Native in: English
Works in: German to English, French to English
as per the agreement/convention
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Note added at 1 hr (2008-05-03 11:11:24 GMT)
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unless there is some standard "convention" which may apply in cases such as these?
| Maybe...but this appears once in a contract and there is no other agreement/convention in sight... |
| In answer to yr note above, the English in brackets was written here by me to give some context, though as a matter of fact: "Cependanr les parties conserveront la faculté de demander la réparation du préjudice effectivement subi" |
| Jonathan - well, yes, "unless...", but it's because I don't know either, that I asked this question! |
| neutral |
Attorney DC Bar
: "Under this agreement" is what I would say. "...shall owe a penalty under this Agreement of ten percent of the sale price hereunder."
1 hr
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France
Also a senior lawyer - 12 years in IP
Native in: French
Works in: English to French, French
it is (hereby) agreed that / parties expressly agree that / (...liable to a) conventional penalty
Je suis d'accord avec la proposition de Rufinus "under this agreement",
d'autres idées pour alléger la formule et éviter la répétition du terme "agreement":
"it is (hereby) agreed that xxx",
"parties expressly agree that xxx"...
ou bien en changeant la tournure,
(the party xxx) shall be liable to a conventional penalty of xxx
Ce sont des formules que je rencontre fréquemment dans les contrats.
- It is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows
www.cdphe.state.co.us/oll/ contracts/07-08PerCapitaScope.pdf
- It is hereby agreed that the undersigned Band is an independent contractor and not an employee of the undersigned Purchaser ...
www.southbound.org/images/promo/standard_contract.doc
- The parties expressly agree that litigation may only be filed after the ... In addition to Exhibits A and B, the parties expressly agree that proof of ...
www.co.clark.in.us/pdf/contractccgovernment2007.pdf
- tems on whether conventional penalties should be enforced. ..... What amount of conventional penalty does a consumer demand facing such a risk?
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ ID504923_code281438.pdf?abstractid=504923&mirid=1
- (4) The Ship Broker shall not be liable for any conventional penalties or fines and the like that may be imposed on the principal
www.zvds.de/general_business_conditions.pdf
- see also http://www.proz.com/kudoz/french_to_english/law_general/7099...
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Note added at 11 hrs (2008-05-03 20:48:37 GMT)
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Further to Allegro's comment below,
it is correct that "conventional penalty" does not mean "penalty due under the contract" **under UK law** (and also US if I’m not mistaken), but it actually does have this meaning in some other legal systems (eg NZ : http://tinyurl.com/65rcvv), so that it could fit this case given the context (except if the contract is not governed by UK/US law !).
I understand from Allegro's feedback that this term may be confusing however… and it seems that « contractual penalty » has the same meaning as « conventional p. » (see http://www.bransch.net/index.php?cont=website_terms&location... , §2.2 and 4 in fr and eng).
I would then go for my first 2 proposals (or for any better one from a colleague !! I like Rufinus' suggestion), that are those I meet most often in practice.
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Note added at 11 hrs (2008-05-03 20:53:58 GMT)
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sorry, please read "... except if the contract ** is governed** by UK/US law..."
| Thanks - a lot to tihnk about here. Shall prob. opt just for "conventional" as simplest. No big deal anway as long as right interprn. As for the disputed "next " sentence, it is not a trnsln., it was just my way of writing English, and made sense to me at the time :) - why not passivise "they reserve the right"? (No answer reqd!) |
| disagree |
AllegroTrans
: "conventional penalty" does not mean "penalty due under the contract" which is what is meant here: conventiellement is a faux-ami here
4 hrs
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thanks Allegro, fully understand your point, pls see my additional note above
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Discussion
"However, parties retain/reserve the right to seek compensation..."
or "Notwithstanding/Despite the provisions of paragraph xxx, parties retain the right to..."