Glossary entry

French term or phrase:

auxquelles il n'est pas licitement dérogé

English translation:

from which there shall be no lawful derogation

Added to glossary by AllegroTrans
Mar 2, 2011 12:23
13 yrs ago
12 viewers *
French term

auxquelles il n'est pas licitement dérogé

French to English Law/Patents Law: Contract(s)
DISPOSITION GENERALE:
Les actionnaires entendent se conformer entièrement au Code des sociétés et, en conséquence, les dispositions dudit Code, AUXQUELLES IL N'EST PAS LICITEMENT DEROGE par les présents statuts, y sont réputées inscrites et les clauses, qui seraient contraires aux dispositions impérative dudit Code, sont censées non écrites.
Change log

Mar 4, 2011 13:22: AllegroTrans Created KOG entry

Discussion

MatthewLaSon Mar 2, 2011:
I wasn't reading it right.

Yes, it's "déroger à quelque chose". The correct preposition is "from".
cc in nyc Mar 2, 2011:
@ Matthew I don't think it's "selon les statuts." As I understand it, it's the Statutes that must conform to the Code. [sorry for the edits]
MatthewLaSon Mar 2, 2011:
Another way of saying it in French??? Selon les présents statuts, il n'est licitement pas dérogé aux dispositions du Code si les actionnaires entendent se conformer aux celles-ci en conséquence (après le Code).
AllegroTrans Mar 2, 2011:
and I promise that my suggested answer is not copied from the previous KudoZ
cc in nyc Mar 2, 2011:
pas licitement dérogé I just realized "auxquelles il ne serait pas licitement dérogé" was done last month on Proz:
http://www.proz.com/kudoz/french_to_english/law:_contracts/4...

Proposed translations

+3
5 hrs
Selected

from which there shall be no lawful derogation

....the provisions of the said Code, from which there shall be no lawful derogation by.....

In other words the Code rules supreme and the statutes cannot amend or modify the provisions contained in the Code
Peer comment(s):

agree cc in nyc : I would drop "lawful" which makes me chuckle and infer that unlawful derogation is OK
23 mins
thanks CC
agree MatthewLaSon : I think so.
1 hr
thank you
agree Liliane Hatem
5 hrs
thank you
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Yes, that's perfect - thank you so much!"
5 mins

that have not been validly excluded

Text is ambiguous, the comma suggesting that this is a non-defining clasue where "which" would be the appropriate relative pronoun, but my guess is that the intended meaning is "that" - i.e. some provisions have been validly excluded.
Note from asker:
Thanks David, for your help!
Peer comment(s):

neutral cc in nyc : Perhaps the comma is deliberate and the intention is to consider all provisions of the Code as "réputées inscrites."
4 hrs
Could of course be that, too. I'm just a little suspicious of French comma consistency!
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7 mins

which is not lawfully waived

"dérogé" here means "ignored" (déroger à = to ignore (a rule))
Note from asker:
Thank you Sylvie!
Peer comment(s):

agree EirTranslations
1 hr
disagree David Wright : are not is, for starters. And I disagree with lawfully waive, too.
2 hrs
neutral AllegroTrans : did you get this from google translate?
4 hrs
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-1
32 mins

from which such bylaws as herein contained/stated do not lawfully depart

....
Note from asker:
Thanks nonetheless for your reply!
Peer comment(s):

disagree David Wright : it's not a question of departing but rather of exluding the application of. And frankly I don't think it's a good idea to use the heavy legalese of UK lawyers for a text that is actually quite simple.
2 hrs
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3 hrs

which do not conflict with the present Statutes

a simplistic rendering, but...
I wonder if the meaning of the sentence is not obfuscated by the commas - if you remove the one after 'Code' & insert one after 'inscrite' I think it becomes clearer. I agree with David about legalese if it mearely clouds the issue.
Note from asker:
Thanks ever so much for your help!
Peer comment(s):

neutral cc in nyc : Perhaps the other way around – the statutes do not conflict with the Code.
1 hr
Something went wrong...
4 hrs

-- turn it around --

My try...

"these Bylaws [or Statutes] shall comply with the provisions of the Code"

...for "les dispositions dudit Code, auxquelles il n'est pas licitement dérogé par les présents statuts."
Note from asker:
Thank you so much for your help - it's much appreciated!
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9 hrs

provisions of the code by which the statutes herein abide

Hello,

First, remember that "il n'est pas dérogé à" is an impersonal construction in French.

Look at it this way:

Il n'est pas dérogé aux dispositions dudit Code par les présents statuts = There is no deviation from the this Code by the statutes herein (cannot say this in natural English legalese, though)

So, the idea seems that the statutes are not out of line with the provisions of the code (they are not allowed to be).


I hope this helps.


--------------------------------------------------
Note added at 7 days (2011-03-10 05:09:29 GMT) Post-grading
--------------------------------------------------

Perhaps you could say "for which the statutes herein provide no exemption"
Note from asker:
Matthew thanks so much for your help - I really appreciated your explanation and it helped me see the sense!
Something went wrong...
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