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conditionnement d'air
sans entame
Jun 19, 2013 20:08
10 yrs ago
2 viewers *
French term

reports de prescription

French to English Law/Patents Law: Contract(s)
si des reports de prescription ont été accordés, en revanche aucun accord n’a été trouvé

I'm having trouble with the above sentence, here is my translation

although ......? were agreed, however no agreement was made.
It is specifically reports de prescription I am having trouble with. I consulted legal resources and online, all to no avail, apologies if this seems like a very simple question to you, many thanks for any help.

Here is the sentence in context:
Attendu qu’en exécution de la garantie régulièrement souscrite, la Compagnie XXX et autres ont indemnisé son assuré à hauteur de la somme de 112.966,70€

Que les compagnies requérantes ont ensuite sollicité l’indemnisation de son préjudice auprès de la société XXX

Que si des reports de prescription ont été accordés, en revanche aucun accord n’a été trouvé.

Attendu dès lors que les compagnies requérantes sont recevables et bien fondées à solliciter la condamnation de la société XXX à répondre de l’intégralité des dommages.
Proposed translations (English)
3 +1 extension of time limits
4 +1 postponement of the limitation period
4 -1 deferrals prescription

Discussion

Daryo Jun 21, 2013:
From the purely real-world point of view the "period of limitation" starts to run from the moment when the damage occurred. So self-respecting insurance company would allow it otherwise. But this period of limitation could be extended, i.e. the end-date could be postponed.
In real world "postponement of the limitation period", a limitation period starting later than it should, is simply not going to happen.
What's happening in the ST is several "extension of time limits", before someone lost patience and sued.
Nikki Scott-Despaigne Jun 20, 2013:
postponement, extension A period which is postponed starts later, but the period of time, the duration remains unaltered.
A period which is extended will alter the duration of the period. The start date remains unaltered, and may indeed already be underway when the extension is granted.
More context is needed, but strictly speaking a "report" means postpone, so my suggestion of extension may be wrong.
Catcressie's suggestion seems accurate, although I can't get Cat's URL to work. This may help though : http://www.lklaw.ca/postponement-of-limitation-periods/
The question is when does limitation start to run.
Nikki Scott-Despaigne Jun 20, 2013:
A more "elastic" first read gives room for tweaking, room for improvement. Your first shot gets you a bit bogged down in an apparent contradiction, where there is none. Your interpretation says there is an agreement yet that no agreement was made. You are right to see that does not work, but with more stretch in the first run, you allow room for ease of fit!

Rough meaning : although time limits have been given, these guys did not manage to sort their problem out. In legalese and returning to the original :
"that although extensions were granted, no agreement was reached".
That may be a little too brief, particularly "extensions" alone. It may be important to mention "time limits" but overall context may make that superfluous.
A lengthier version :
"that in spite of the fact that extensions were granted in respect of the time limits, no agreement was reached."
Nikki Scott-Despaigne Jun 20, 2013:
James, hello. A couple of hints.

It's good for initial ideas to be sufficiently wide to allow for tweaking. If you have a one-size-fits-all approach, it is difficult to stand back from that and actually see what the text means.

si = although, if
reports de prescription = meaning : postponement of time limit
ont été accordés = were/have been agreed/granted. Here granted is more likely as the passive voice implies the impersonal, and the act of granting is one person giving to another who accepts, whereas agree leads more to the idea that there is reciprocity, equality of bargaining power (not the case when something is granted where you have the idea of superiority/inferiority).
- en revanche = however
- aucun accord n'a été trouvé = no agreement was made. That would be upstream. The reading of "accord" needs to be more dynamic, and I think it would be better to think in terms of an agreement being "reached" here, for meaning.
James Greenfield (asker) Jun 19, 2013:
thanks yes that does make sense, something like 'prescription period extension' then? Thanks
philgoddard Jun 19, 2013:
Tricky without more context, but "report" means "postponement" and "prescription" is a prescription period, after which a claim is no longer enforceable. It sounds like they may have taken a long time to submit their claim, and the insurance company didn't enforce the prescription period, but neither did it formally agree not to enforce it.

Does that make any sense?

Proposed translations

+1
13 hrs
Selected

extension of time limits

This is a fairly general suggestion for this term. A more specific term may be better. This can no doubt be improved upon. However, the idea is that a time limit of some sort has been set back on a number of occasions.

It is possible that the term "prescription" should be translated in some other way but it does define a limit in time, a time bar, a deadline etc.

A "report" is a set back in time, a delay an extension. Again, I do not know from the context supplied whether these terms apply or whether some other, tighter "mot juste" is more appropriate.

I hope this never the less move you forward.

--------------------------------------------------
Note added at 15 hrs (2013-06-20 11:44:48 GMT)
--------------------------------------------------

If the meaning of "report" is to delay the moment when time/limitation starts to run, then Catcressie's suggestion works.
If the meaning of "report" is to increase the duration of the period of time, then the meaning is "extension".
Peer comment(s):
agree Daryo : extensions of the time limit - most likely there's only one time limit involved (to submit claims/appropriate documentation), that's been extended more than once
38 mins
Although I now think my suggestion is not accurate. See note.
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4 KudoZ points awarded for this answer.
-1
11 hrs

deferrals prescription

I'd define in this way.
Peer comment(s):
disagree Kim Metzger : https://www.google.com.mx/search?q="deferrals prescription"&...
6 hrs
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+1
12 hrs

postponement of the limitation period

Many hits on the web.
Peer comment(s):
agree Nikki Scott-Despaigne : 'Limitation" may be the accurate term required here. Rather than "postponement", I think "extension" would probably be more appropriate.//See discu. Daryo's point is valid. P/ponement & extension are not synon. P/ponement more accurate for "report".
34 mins
See http://72.30.187.37/search/srpcache?ei=UTF-8&p="postponement...
neutral Daryo : strictly speaking it would be a postponement of the ending of the limitation period// what is postponed is a date, a point in time; the limitation period (a lenght of time) would've been extended
1 hr
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