Glossary entry (derived from question below)
May 13, 2010 14:17
14 yrs ago
55 viewers *
French term
Lebanon
Business and IT/tech, 15+ years
Native in: French (Variants: Canadian, Standard-France) 
, English (Variants: UK, US) 
Works in: English to French, French to English, English to Arabic
à défaut
French to English
Law/Patents
Law: Contract(s)
What's the nicest way to translate "à défaut" in such a context?
"Le droit applicable au fond du litige est le droit Guinéen. En cas de silence des textes guinéens, le tribunal arbitral se référera en priorité à la jurisprudence guinéenne ou à défaut à la jurisprudence française généralement applicable en la matière, notamment en matière de droit administratif, ou à défaut aux principes généraux du droit tels qu'appliqués en France."
"Le droit applicable au fond du litige est le droit Guinéen. En cas de silence des textes guinéens, le tribunal arbitral se référera en priorité à la jurisprudence guinéenne ou à défaut à la jurisprudence française généralement applicable en la matière, notamment en matière de droit administratif, ou à défaut aux principes généraux du droit tels qu'appliqués en France."
Proposed translations
(English)
| 4 +8 | failing, |
John ANTHONY
|
| 4 +1 | by default |
jmleger
|
| 4 | for lack of it |
Imanol
|
| 3 +1 | or, if not, ... |
MatthewLaSon
|
References
| or, failing that,... |
cmwilliams (X)
|
Proposed translations
+8
11 mins
John ANTHONY
France
France
Native in French
&
English
Specializes in field
France
EN-FR-EN BY BIRTH - 45 YEARS IN FRANCE
Native in: English , French
Works in: English to French, French to English
Related KudoZ points
:
31
Selected
failing,
bla-bla-bla or, failing, ...
The punctuation is important...
The punctuation is important...
4 KudoZ points awarded for this answer.
+1
9 mins
by default
par ex.
Peer comment(s):
| neutral |
John Detre
: wouldn't this suggest that they go to the French case law first, i.e the opposite of what the source text is saying?
10 mins
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I take it to mean that if the Guinean law fails to deal with the matter, French law applies by default
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| neutral |
B D Finch
: John is right, but I think you meant "in default of which".
34 mins
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| agree |
gail desautels
: if you look at the source text, it is "or" by default
4 hrs
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Precisely!
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1 hr
for lack of it
or, for lack of it, ...
Peer comment(s):
| neutral |
B D Finch
: That would not be the right register. Yes, you are right: "lack of jurisprudence" is a fairly common expression. But, perhaps in the sentence concerned: "lack thereof", rather than "lack of it". Still not really sufficiently formal for a contract
59 mins
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I may be wrong but "Lack of jurisprudence" seems to be a common expression if I judge by the number of results on Google (3820 just now).
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+1
4 hrs
or, if not, ...
Hello,
Couldn't you just say it like this in English?
An application should be made to the divorce court if there are divorce proceedings or if not, to the local family court. An application form can be found ...
www.familylore.co.uk/2009_06_01_archive.html -
An application should be made to the divorce court if there are divorce proceedings or if not, to the local family court. An application form can be found ...
www.familylore.co.uk/2009_06_01_archive.html -
I hope this helps.
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Note added at 4 hrs (2010-05-13 18:44:15 GMT)
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None of the answers proposed sofar read like something you'd see in natural English legalese.
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Note added at 1 day4 hrs (2010-05-14 18:30:28 GMT)
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... if known to the resident agent or, if not, to the last known address of the attorney or other individual at whose request the resident agent was ...
www.kslegislature.org/legsrv-statutes/getStatute.do?number=...
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Note added at 1 day4 hrs (2010-05-14 18:30:49 GMT)
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... if known to the resident agent or, if not, to the last known address of the attorney or other individual at whose request the resident agent was ...
www.kslegislature.org/legsrv-statutes/getStatute.do?number=...
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Note added at 1 day4 hrs (2010-05-14 18:32:36 GMT)
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Pourquoi faire difficile quand on peut faire beaucoup plus simple? LOL.
Yes, "failing THAT" is fine, too...
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Note added at 1 day4 hrs (2010-05-14 18:42:54 GMT)
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The general rule isthat the exception must either be to a particular question, or. if not to the question, then to the particular portion of the testimony ...
books.google.com/books?id=eAM8AAAAIAAJ...
criminal matters if the individual indicates that he can afford private counsel or, if not, to the Committee for Public Counsel Services ...
www.mass.gov › ... › Administrative Office of the Trial Court
Couldn't you just say it like this in English?
An application should be made to the divorce court if there are divorce proceedings or if not, to the local family court. An application form can be found ...
www.familylore.co.uk/2009_06_01_archive.html -
An application should be made to the divorce court if there are divorce proceedings or if not, to the local family court. An application form can be found ...
www.familylore.co.uk/2009_06_01_archive.html -
I hope this helps.
--------------------------------------------------
Note added at 4 hrs (2010-05-13 18:44:15 GMT)
--------------------------------------------------
None of the answers proposed sofar read like something you'd see in natural English legalese.
--------------------------------------------------
Note added at 1 day4 hrs (2010-05-14 18:30:28 GMT)
--------------------------------------------------
... if known to the resident agent or, if not, to the last known address of the attorney or other individual at whose request the resident agent was ...
www.kslegislature.org/legsrv-statutes/getStatute.do?number=...
--------------------------------------------------
Note added at 1 day4 hrs (2010-05-14 18:30:49 GMT)
--------------------------------------------------
... if known to the resident agent or, if not, to the last known address of the attorney or other individual at whose request the resident agent was ...
www.kslegislature.org/legsrv-statutes/getStatute.do?number=...
--------------------------------------------------
Note added at 1 day4 hrs (2010-05-14 18:32:36 GMT)
--------------------------------------------------
Pourquoi faire difficile quand on peut faire beaucoup plus simple? LOL.
Yes, "failing THAT" is fine, too...
--------------------------------------------------
Note added at 1 day4 hrs (2010-05-14 18:42:54 GMT)
--------------------------------------------------
The general rule isthat the exception must either be to a particular question, or. if not to the question, then to the particular portion of the testimony ...
books.google.com/books?id=eAM8AAAAIAAJ...
criminal matters if the individual indicates that he can afford private counsel or, if not, to the Committee for Public Counsel Services ...
www.mass.gov › ... › Administrative Office of the Trial Court
Reference comments
18 hrs
Reference:
or, failing that,...
some examples of how 'failing that' is used: ('failing' can't be used alone)
....it is the law of that country that applies. Failing that, the applicable law is that of the country in which the unjust enrichment occurred or, if the event is manifestly more closely linked with another country, the law of that other country. This also applies to negotiorum gestio (the law governing an existing relation between the parties, or failing that the law of the country of habitual residence, or failing that the law of the country in which the acts were performed or, finally, the law of the country with which the matter is most closely connected).
http://europa.eu/legislation_summaries/justice_freedom_secur...
Where The 1980 Rome Convention on the Law Applicable to Contractual Obligations ..... failing that, the applicable law shall be the common national law of the ... Where the applicable law is to be governed by The 1980 Rome Convention, ...
www.iclg.co.uk/index.php?area=4&country..
The applicable law is the law of the place of the residence of the consumer, if certain conditions are fulfilled, or, failing that, the objective proper law ...
books.google.co.uk/books?isbn=0198262701...
....it is the law of that country that applies. Failing that, the applicable law is that of the country in which the unjust enrichment occurred or, if the event is manifestly more closely linked with another country, the law of that other country. This also applies to negotiorum gestio (the law governing an existing relation between the parties, or failing that the law of the country of habitual residence, or failing that the law of the country in which the acts were performed or, finally, the law of the country with which the matter is most closely connected).
http://europa.eu/legislation_summaries/justice_freedom_secur...
Where The 1980 Rome Convention on the Law Applicable to Contractual Obligations ..... failing that, the applicable law shall be the common national law of the ... Where the applicable law is to be governed by The 1980 Rome Convention, ...
www.iclg.co.uk/index.php?area=4&country..
The applicable law is the law of the place of the residence of the consumer, if certain conditions are fulfilled, or, failing that, the objective proper law ...
books.google.co.uk/books?isbn=0198262701...
Peer comments on this reference comment:
| agree |
MatthewLaSon
: Exactly! But one could just say "or, if not, ..." Well, you do indeed see "or, if not,..." in formal documents. Just about preference, I suppose. Bon week-end!
9 hrs
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I prefer a more formal register in this context.
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