Glossary entry

French term or phrase:

emportera bonne et valable quittance

English translation:

shall constitute good and valid discharge

Added to glossary by B D Finch
Jan 20, 2017 10:07
7 yrs ago
13 viewers *
French term

emportera bonne et valable quittance

French to English Law/Patents Law (general) Donation
Hi. I'm proofreading a document. The context is a 'donation' from father to son.

M. X s'engage à verser ladite somme..., lequel versement emportera bonne et valable quittance de la part de ce dernier dès réception"

The meaning is clear to me. The translator has written "Said transfer will effect good and valid discharge by the latter ". I wanted to know if this expression was acceptable in this context as I have my doubts..
Change log

Feb 3, 2017 11:41: B D Finch Created KOG entry

Discussion

Mr.Q (asker) Jan 20, 2017:
I have seen "to give good and valid discharge thereof". I would like to know if the translator's suggestion is an alternative which I haven't seen but which is nonetheless valid in this context. Thanks
writeaway Jan 20, 2017:
If you have your doubts as proofreader, what do you think it should be?

Proposed translations

+2
7 hrs
Selected

shall constitute good and valid discharge

The payment constitutes, rather than "effects" good and valid discharge because it doesn't perform discharge of the duty, it is the duty.

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Note added at 7 hrs (2017-01-20 17:47:14 GMT)
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investor.shareholder.com/mod/secfiling.cfm?filingID...16...
... and the Seller agrees that such payments shall constitute good and valid discharge of the Purchaser's obligations with respect ...

Alternatively and in simpler language: "shall be good and valid discharge"

https://writersguild.org.uk/.../WGGB-Right-to-pitch-template...
Traduire cette page
... of this Agreement and all monies due to the Writer hereunder will be paid to [name of agent] whose receipt shall be a good and valid discharge thereof.

web.law.columbia.edu/keep-your-copyrights/contracts/.../11
Traduire cette page
All sums of money due the Author under this Agreement shall be paid to the Author, and the receipt of the said funds shall be a good and valid discharge of all ...

Peer comment(s):

agree Angus Stewart
3 hrs
Thanks Angus
neutral Daryo : "constitute" is also fine, but not your explanation: in itself the payment IS NOT the "discharge" - it's the creditor who is supposed to give the "quittance" i.e. normally the payer CAN NOT give to itself a "quittance".
4 days
The text does not impose a duty of giving quittance on the creditor, but makes it automatic upon payment. Therefore, it is quite valid to use "discharge" and that is a property of the payment itself, not an action by the creditor.
agree AllegroTrans
13 days
Thanks AT
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
46 mins

will effect good and valid discharge

emportera bonne et valable quittance = vaudra bonne et valable quittance

IOW the recipient of the payment has NOTHING to do [doesn't have to "donner ..."]
the payment itself will have the same value [will produce the same effect as] as the recipient giving a discharge.

"will effect" is perfectly correct.
Peer comment(s):

agree Nathalie Stewart
2 mins
Merci!
neutral writeaway : any refs? not a single G-hit in sight. or does this mean you agree with the translation provided?
3 hrs
the provided translation makes perfect sense - that was the question asked, and yes I did check the use and meaning of "to effect" in this context.
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