Glossary entry (derived from question below)
French term or phrase:
réputé non-écrit
English translation:
deemed nugatory
Added to glossary by
Adrian MM. (X)
Feb 11, 2008 12:44
16 yrs ago
56 viewers *
French term
réputé non-écrit
French to English
Law/Patents
Law (general)
services contract
Ainsi, toute disposition du QRP qui serait contraire aux « Conditions Contractuelles de Services, ou au « Descriptif de Prestations » est réputée non écrite.
Ainsi, toute disposition du QRP qui serait contraire aux « Conditions Contractuelles de Services, ou au « Descriptif de Prestations » est réputée non écrite.
Proposed translations
(English)
Change log
Feb 18, 2008 08:54: Adrian MM. (X) Created KOG entry
Proposed translations
9 hrs
Selected
deemed nugatory
Many Proz/KudoZ entries for this one. But has the right answer been chosen every time?
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Note added at 6 days (2008-02-18 08:53:45 GMT) Post-grading
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Many entries: use the fem. form to agree with 'stipulation' or 'disposition' - reputée non écrite/'treated as never having existed'.
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Note added at 6 days (2008-02-18 08:53:45 GMT) Post-grading
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Many entries: use the fem. form to agree with 'stipulation' or 'disposition' - reputée non écrite/'treated as never having existed'.
Example sentence:
any such contractual provision must be deemed nugatory. Having found that New Foundations’ claims do not belong in this. Court, or would be unsuccessful ...
Reference:
http://www.proz.com/kudoz/1483070
http://www.courts.state.pa.us/OpPosting/CWealth/out/431MD05_3-3-06.pdf
Note from asker:
| how d'you mean "many entries for this one"... a search on "non-écrit" came up with nothing |
Peer comment(s):
| neutral |
writeaway
: well, if Asker doesn't mind a slightly archaic term that isn't used much (see Google for "deemed nugatory" vs "deemed unwritten") and seems to be a term used in US legal more than elsewhere, then this is fine. hopefully will fit in with register of rest.
6 days
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Well, it's also used on the Pacific Island of Fiji a lot.
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3 KudoZ points awarded for this answer.
Comment: "... but I rather like this solution... thanks"
+1
10 mins
deemed unwritten
google it and you'll find many thousands of examples
Peer comment(s):
| agree |
Pierre Renault
: Yup, a literal translation is best in this case because we do not know whether or not there is a clause in this contract that specifically addresses any "disposition non écrite".
20 mins
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| neutral |
writeaway
: I agree with deemed, but unwritten bothers me. as in an 'unwritten law'. it can mean tacit.
27 mins
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12 mins
cannot be considered implied
this may be a clunky way of putting it, as I understand it, the contracting party is saying "if it's not written down (express) it can't be implied"
a simpler translation could well be "void"
There's quite a lot about implied contracts on Wikipedia, this is a good place to start http://en.wikipedia.org/wiki/Implied_in_fact_contract
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Note added at 13 mins (2008-02-11 12:57:58 GMT)
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réputé écrit = (term) implied in a contract, etc.)
Bridge's legal dico
a simpler translation could well be "void"
There's quite a lot about implied contracts on Wikipedia, this is a good place to start http://en.wikipedia.org/wiki/Implied_in_fact_contract
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Note added at 13 mins (2008-02-11 12:57:58 GMT)
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réputé écrit = (term) implied in a contract, etc.)
Bridge's legal dico
13 mins
Katarina Peters
Canada
Canada
Native in English
Specializes in field
Canada
Accuracy and A1 presentation
Native in: Hungarian 
, English (Variant: US)
Works in: English to Portuguese, Portuguese to English, Hungarian to English, and 13 more.
Related KudoZ points
:
83
shall not be considered
another option
+4
51 mins
shall be deemed not written
unwritten in legal context can mean tacit, which is confusing. 100% literal is clearer. the basic meaning is that it will be considered null and void, it will be totally ignored as if it had never been written...
Immoweb: Belgium's leading property website! - C
13/ Any clause that is contrary to Articles 3 to 6 or 8 to 11 of the Royal Decrees adopted pursuant to Article 8(2) shall be deemed not written. ...
www.immoweb.be/en/pages/Page.cfm?Page=Construction_breyne.h...
CORRESPONDENTS' REPORTS
custody of either the US, UK, or Australian forces to the custody of any of the other parties ...... For all intents, the declaration is deemed not written. ...
journals.cambridge.org/production/action/cjoGetFulltext?fulltextid=671952
Commercial Code - Art. 1101 - 1200
Any condition to which it is made subject is deemed not written. ... In this connection, cancelled endorsements are deemed not written. ...
www.imprensa.macau.gov.mo/bo/i/99/31/codcomen/codcom1101.as...
Immoweb: Belgium's leading property website! - C
13/ Any clause that is contrary to Articles 3 to 6 or 8 to 11 of the Royal Decrees adopted pursuant to Article 8(2) shall be deemed not written. ...
www.immoweb.be/en/pages/Page.cfm?Page=Construction_breyne.h...
CORRESPONDENTS' REPORTS
custody of either the US, UK, or Australian forces to the custody of any of the other parties ...... For all intents, the declaration is deemed not written. ...
journals.cambridge.org/production/action/cjoGetFulltext?fulltextid=671952
Commercial Code - Art. 1101 - 1200
Any condition to which it is made subject is deemed not written. ... In this connection, cancelled endorsements are deemed not written. ...
www.imprensa.macau.gov.mo/bo/i/99/31/codcomen/codcom1101.as...
Peer comment(s):
| agree |
Jennifer Forbes
: Or "shall be deemed not to have been written".
10 mins
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| agree |
Attorney DC Bar
1 hr
|
| agree |
Christian Robitaille
5 days
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| agree |
Philip Taylor
611 days
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| neutral |
Peter Shortall
: I don't feel that "not written" is clearer as it could be taken to mean implied (not written into a contract, but applicable) as opposed to explicit, when in fact the French phrase means null and void, as you say
3817 days
|
+1
13 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Related KudoZ points
:
1362
shall be deemed invalid/inoperative/ineffective
STMicroelectronics GENERAL TERMS AND CONDITIONS OF PURCHASE _(PDF)
... Terms and Conditions of Purchase shall be deemed invalid and not applicable. ... of Purchase shall be construed as if such invalid, illegal or ...
www.st.com/stonline/company/termcond/english.pdf - 30k - View as html
9.Department for Transport - Supply of goods conditions of contract
... the Contractor's Representative, when it shall be deemed served at the time of delivery, or ... invalid, illegal or unenforceable for any reason by any ...
dft.gov.uk/about/procurement/dft/supplyofgoodsconditionsofcon1009?... - 15k - Cached
10.EUROPEAN COMMUNITIES Council Regulation on the Community Trade Mark
... registered, the trade mark shall be declared invalid as regards those goods or services only. ... It shall not be deemed to have been filed until the fee ...
www.jpo.go.jp/shiryou_e/s_sonota_e/fips_e/ec/crct/chap7.htm - 16k - Cached
Peer comment(s):
| agree |
Peter Shortall
: Or void: https://fr.wikipedia.org/wiki/Clause_réputée_non_écrite
3816 days
|
Discussion