Glossary entry

French term or phrase:

a lui rendre opposable

English translation:

to make it binding on and enforceable against him

Added to glossary by canaria
Jan 25, 2006 10:18
18 yrs ago
9 viewers *
French term

a lui rendre opposable

French to English Bus/Financial Law (general)
XXX reserve le droit de notifier une copie de la presente convention au YYY de maniere a lui rendre opposable

Discussion

canaria (asker) Jan 25, 2006:
Thanks Bourth. Now, how do I give you points?
Bourth (X) Jan 25, 2006:
Either of the latter two, I would say, possibly depending on the nature of the obligation etc. on that person.
canaria (asker) Jan 25, 2006:
Thanks Bourth - I had indeed looked in the glossary before I posted my question. Perhaps I should be more specific. I'm not sure whether to translate this as 'in order that it may be relied upon/binding upon/enforceable against him'. Does it in fact matter very much which option I choose?
Bourth (X) Jan 25, 2006:
A dozen hits for "opposable" in the KudoZ glossary, including my own excellent response at http://www.proz.com/kudoz/932069.

Proposed translations

8 hrs
Selected

to make it binding on and enforceable against him

It's not a question of binding on vs. enforceable or effective against. The Eng. drafting technique is to use both, both in pleadinsg and for judgments.

Subject to that restriction, this Agreement will be *binding on and enforceable against* the parties and their respective successors and assigns. ...
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4 KudoZ points awarded for this answer. Comment: "thanks"
7 hrs

see explanation

In the context of contracts, agreements and so forth, you can use either 'binding on' or 'enforceable against'; as Bourth says, either will work.

In the context of rights, claims and legal actions, it would be more usual to use 'raised against'/'relied upon'.

I very often use 'enforceable against', but that's just a personal preference.

Just for the purposes of information, my legal dictionary also offers:
'effective against' and 'valid vis-a-vis third parties' (for 'opposable aux tiers').
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