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Intervenir dans les frais
Aug 14, 2020 19:23
3 yrs ago
60 viewers *
French term

Avenant

French to English Law/Patents Law (general)
Hi guys,

So I'm tore between "addendum" and "amendment". This is an agreement with a budget attached as an annex. Basically, a new budget is added each year in the form of a separate document. I am almost certain it's "addendum" as it's adding information to the agreement and is a new document, but am beginning to doubt myself. Each "addendum" consists of two articles, the first one saying this is the budget for 20XX and the second stating when the addendum enters into force (1 January) and expires (31 December), followed by the budget.

Any thoughts would be very welcome!

Thanks,
Nick
Proposed translations (English)
4 +7 Addendum
3 +2 Schedule / attachment / appendix
3 Supplementary agreement

Discussion

Mpoma Aug 16, 2020:
yes... You're right. I think the choice of the FR word is bad. I think the closest is AllegroT's "addendum", which can sometimes be binding. But "attachment", though it might be the right word in English given the context, doesn't translate avenant, IMHO.
B D Finch Aug 16, 2020:
@Mpoma I don't see how a budget added each year can possibly be a "rider" to the contract. Presumably the original contract made provision for the attachment of annual budgets, so attaching them wouldn't change the terms of the contract.
Mpoma Aug 16, 2020:
Little bit puzzled Avenant usually translates as "supplementary agreement" or "rider" (to an initial contract). So I'm slightly surprised to find "attachment" offered as a translation, the intrinsic difference being, IMHO, that an avenant is specifically an attachment with binding force. I'm happy to be corrected on this, but both Wiktionnaire and Trésor de la langue française seem quite categorical (i.e. concurring with me). I don't have Bridge to hand: it'd be nice if someone might look it up there...
mrrafe Aug 14, 2020:
endorsements Insurance policy updates usually are endorsements, but this isn't what they usually do, so I don't recommend it. Someome e;se might.

Proposed translations

+7
3 hrs
Selected

Addendum

I don't think you can go wrong with "addendum"

A Contract Addendum is used to amend an existing agreement. The original agreement is still valid, but one or more changes are made to that agreement. What is the governing law of my Contract Addendum? ... I do not know when the Contract Addendum will be signed.

Contract Addendum FAQ - United Kingdom - LawDepot
www.lawdepot.co.uk › law-library › contract-addendu...
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What is the purpose of an addendum to a contract?
As with other portions of the contract, addendums often require signatures for all parties involved in the negotiation. This process provides the acknowledgment that the parties have reviewed and accepted the new or additional information. The addendum becomes a binding part of the contract.13 Jun 2019

Addendum Definition & Example - Investopedia
Peer comment(s):
agree B D Finch : That seems to solve it.
10 hrs
Thank you
agree writeaway : Surely this is already in the glossary? It's basic legal terminology in any case
11 hrs
thank you
agree Yolanda Broad
13 hrs
thank you
agree Paul Stevens : Definitely addendum for me.
22 hrs
thanks
agree SafeTex : Annual budget addendum
1 day 1 hr
thanks
agree Mpoma : Yes, as it says in your quote, addendums/addenda can be "binding", this is the crucial thing. Actually I don't think they always are, unlike a "supplementary agreement" or "rider", but the context would make this aspect clear...
1 day 14 hrs
thanks
agree Eliza Hall
1 day 18 hrs
thanks
Something went wrong...
4 KudoZ points awarded for this answer.
+2
12 mins

Schedule / attachment / appendix

I think you could use any of the above terms. You have not mentioned the jurisdiction concerned. For a construction contract in England and Wales I would use the term "schedule".

The term "attachment" seems to be used in the US:

https://www.cscmc.org/wp-content/uploads/2018/11/2017-18-csc...
The budget for both CSCMC and other funds (if any) for accomplishing the above stated services are set forth in Attachment 4 (Budget). CSCMC agrees to ...
Peer comment(s):
agree TechLawDC : "Annex" is also a quite idiomatic usage in this context.
31 mins
Thanks
neutral AllegroTrans : An attachment or an appendix would be confused with the budget attached as an annex mentioned by the asker so I would not use either word. In any case both words imply an attached document rather than an amendment.
3 hrs
But, according to the Asker, it is attached. The agreement must surely refer to the need for a fresh budget to be attached each year, so there should be no confusion.
agree Yolanda Broad
16 hrs
Thanks Yolanda
neutral Mpoma : I really am "neutral" (rather than disagreeing but being polite). Please see my discussion entry as to why...
1 day 16 hrs
Something went wrong...
1 day 16 hrs

Supplementary agreement

There might be a better term which is more suited to a budget agreement. But I *think* the idea of binding force has to be present, somehow. See discussion.
Something went wrong...
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