Glossary entry (derived from question below)
French term or phrase:
de plein droit
English translation:
as of right
French term
Spain
Translator/writer (medical/pharma specn)
Native in: English
Works in: Greek to English, French to English, Spanish to English, and 2 more.
de plein droit
[If the mass production of the XX is not technically feasible] le contrat sera résilié de plein droit par Partie X…Cette résiliation sera réputée acquise à la réception….
I’ve had a look at previous Kudoz answers and I still don’t know which one to use, mainly because I do not understand 100%.
« Ipso jure » does not seem to be used frequently
« in accordance with the law » and « operation of law » seem to be superfluous.
Can someone tell me what nuance « de plein droit » provides ? In plain English please.
In my examples, does it mean that the cancellee has no recourse ie he cannot seek compensation or interest against the cancellor ?
Thanks
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Proposed translations
Canada
Native in: French 
Works in: English to French, French to English, Spanish to English, and 1 more.
as of right
The correct translation is "(as) of right" ("right" with no "s"). Here's an example from a model contract drafted by the European Union:
"Le présent contrat est, sans indemnité, résilié de plein droit par l'autorité nationale compétente en cas de non-respect, par le contractant, d'une des obligations qui lui incombent en vertu de ce contrat, après mise en demeure, notifiée par lettre recommandée avec accusé de réception et non suivie d'exécution dans un délai d'un mois."
ec.europa.eu/agriculture/prom/extern/contract_fr.pdf
"In the event of a failure on the part of the contractor to fulfil any of the obligations underthis contract, the contract shall be terminated as of right by the competent national authority, which shall not thereby incur any liability regarding compensation, after the latter has served formal notice on the contractor by registered letter with acknowledgementof receipt and where such notice has not resulted in performance within one month."
ec.europa.eu/agriculture/prom/extern/contract_en.pdf
"Without further formality" is not quite correct, since - as the above example illustrates -, exercise of the right may be subject to certain formalities (in one of your examples, for instance, subject to a "mise en demeure").
"Automatically" should be avoided because it is not proper legal terminology.
As for "ipso jure", it means "by the operation of the law itself" (Black's Law Dictionary), without the action of the parties - which is another, distinct meaning of "de plein droit", which doesn't apply here.
Note that the sentence can also be re-arranged, e.g.: "X shall be entitled/shall have the right to terminate the contract (...)"
Finally, your intuition is correct: since the terminating party has the right to terminate the contract, because it may terminate the contract "de plein droit", the other party can't complain about such termination.
with no legal bar
automatically
However, I'm a bit puzzled by your "[If the provisions of the contract are respected]"; should that not be in the negative? After all, who decides whether mass production of XX is feasible? If both parties agree upon the non-feasibility, then a termination by mutual agreement would seem to be appropriate. If they do not agree and a mise en demure is required, then it would seem odd if the contract terminated without further ado. Indeed, a lot of ado might well ensue.
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Note added at 25 mins (2008-06-20 15:38:04 GMT)
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I probably didn't quite answer your question. My understanding (for what it's worth, as I'm not a lawer), is that the person who's had the contract cancellation done to them cannot claim that the contract should not be cancelled. However, than would not mean that they might not have claims for monies due/loss/expenses etc. incurred up to that date.
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Note added at 51 mins (2008-06-20 16:04:03 GMT)
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You say that " for sentence 2, Party X decides whether mass production is feasible". If that were the basis of an automatic termination, then I believe that might, in England & Wales, be an unfair term of contract and, thus, invalid. But we just translate this stuff and the lawyers are much better paid!
| you're right, it shoudl read 'if the provisions of the contact are NOT respected' |
| for sentence 2, Party X decides whether mass production is feasible |
| agree |
Michael GREEN
: Anything but "ipso jure" ... though I admit I do use the term myself, in weak moments ...
31 mins
|
Portugal
The best value for your money
Native in: Portuguese
Works in: French to Portuguese, English to Portuguese
fully entitled (one is fully entitled to resiliate the contract after...)
http://www.uia.org/legal/app47.php
Landlord was entitled to resiliate the Lease
In the context of an indeterminate employment contract, one party can resiliate the contract unilaterally.
http://www.lapointerosenstein.com/fichier/listelibrary/9/LegalUpdate2001-ICSC.pdf
http://scc.lexum.umontreal.ca/en/1997/1997rcs1-846/1997rcs1-846.html
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.
within legal rights
without further formality / as of rights
lawfully
by simple notice
may be rightfully canceled
de plein droit = rightfully (is entitled to cancel the contract)
I hope this helps.
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