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foyer de pneumopathie
intervenu
This question was closed without grading. Reason: No acceptable answer
Jul 16, 2013 09:57
10 yrs ago
3 viewers *
French term

retrait d'habilitation (du titulaire)

French to English Law/Patents Law: Contract(s)
Taken from the following heading for a clause in a contract:

"Changement d'état ou retrait d'habilitation du titulaire"

Also followed by "Décès, incapacité civile, retrait d'habilitation"

The best I can come up with is a fairly literal translation involving withdrawal and either permissions, authority, authorisation etc. but from the internet search results for the term there seems to be more to it than that.

Does anyone know the full meaning of the term or an English equivalent?

Thanks for your help :)
Proposed translations (English)
4 withdrawal of (the holder's/contractor's) accreditation
3 withdrawal of authority
3 revocation of authorization
References
Retrait d'habilitation

Discussion

AllegroTrans Jul 18, 2013:
Hello asker Ar you there? Over
AllegroTrans Jul 17, 2013:
Hello asker I agree totally with Daryo and BD - there are so may forms of "habilitation" but no "one term fits all" in English. We need to know the precise situation here to give you a reliable suggestion.
B D Finch Jul 16, 2013:
Context I think that much was already clear. What is needed is to know what work/services the contractor provides and why they need "habilitation" to perform them. This could mean: security clearance, inclusion on a list of approved contractors, holding a periodically renewable professional licence, membership of a professional body etc.
Animus (asker) Jul 16, 2013:
Ok, here's the full clause that follows the headings above:

"En cas de décès du titulaire, le contrat est résilié de fait.
Il en est de même, si l'entreprise est une société de personnes, en cas de dissolution ou de décès de l'un des associés signataires du contrat. Il en est également de même quand le titulaire fait l'objet d'une décision d'incapacité civile ou d'un retrait d'habilitation. Dans tous les cas, (entreprise) a la faculté d'accepter les offres qui pourraient lui être faites par les ayants droit pour la continuation des prestations."

It's taken from a contract for calls for tenders. The contract would be between a potential contractor (the titulaire referred to in the heading) and a company in need of their services.
Daryo Jul 16, 2013:
you need to be more specific about the activity that requires "habilitation"; so far it's only clear that's an individual, not a business that needs a "habilitation" to be able to operate.
Animus (asker) Jul 16, 2013:
Hi, thanks for the input. Not saying withdrawal of authorisation isn't correct, it might turn out to be the best solution, but thought it best to get some opinions from others first. Here are some examples of the term in context: http://www.resonance-mag.com/index.php/reglementation/217-re...

or see the final paragraph of this post:

http://securite.forumpro.fr/t25834-cour-de-cassation-le-retr...
writeaway Jul 16, 2013:
context please provide context (in French) to show how/where this is being used. Since you have apparently rejected withdrawal of authorisation

Proposed translations

27 mins

withdrawal of (the holder's/contractor's) accreditation

Declined
Though it would be nice to have more context, that should cover quite a wide range of situations.
Peer comment(s):
neutral writeaway : we are still waiting to here what this is about. /we now have info. imo this ain't it
3 mins
I don't think the additional info adds anything. See my discussion entry.
neutral Daryo : wouldn't be really wrong in any case, could just sound odd if it's usually called something else. More context needed.
1 hr
Something went wrong...
41 mins

withdrawal of authority

Declined
based on the context now provided. am not 100% sure.

Purchasing policy paper 334 a - University of Bath
www.bath.ac.uk/.../foi/PurchasingPolicyperVCGpaper334a07200...‎
Competitive quotations: Tenders for the supply of goods, services, or works ... Union (and embodied in UK law), above which purchasing requirements ..... On the second occurrence, disciplinary action and/or the withdrawal of Authority to Incur.

Peer comment(s):
neutral B D Finch : "Authority to Incur", in your reference, is the authority of a Council officer to incur expenditure. Withdrawal of that could not affect an existing contract entered into by the Council. In the question, the "habilitation" is held by the contractor.
41 mins
authority to whatever. am not 100% sure but have a strong hunch
Something went wrong...
13 hrs

revocation of authorization

Declined
I'm suggesting "revocation" as an alternative to "retrait" of course. However, "retrait" is specifically a withdrawal and "revocation" may confer a meaning which is not intended in the original. Use with care! Suggestion made as the Asker seems to consider that "withdrawal" may not be spot on and yet it might very well be. Other things that might happen to an authorization tend to be very specific and the French would no doubt have been specific in that respect and opted for another term.

Still, for sake of completion (or almost), the following can also happen to an authorization but I think they can be ruled out:
- suspension (nothing suggests that meaning)
- cancellation, surrender etc, (I would have expected the FR to have indicated this meaning and not use "retrait").
After these witterings, I think "withdrawl" (or, at a push, "revocation") is probably best.

"Habilitation" can be rendered in a number of ways but it might help to know what the "habilitation" actually authorizes the individual/company to do here.

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Note added at 13 hrs (2013-07-16 23:19:22 GMT)
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PS. If the obvious fits, sometimes it's because it's the right solution!
(I'm referring to the Asker's own original hunch. I mean, why fix it if it isn't broken?)

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Note added at 1 day5 hrs (2013-07-17 15:52:22 GMT)
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Revoking something is not quite the same as withdrawing it. "Withdrawal" is more accurate for "retrait".
The difficulty remains with "habilitation". Your fuller context no doubt helps.
Something went wrong...

Reference comments

13 hrs
Reference:

Retrait d'habilitation

This may help. The long list that follows the definition may help the Asker, depending on the more specific fields involved, as the listed items all concern "habilitation" too.

http://www.marche-public.fr/Terminologie/Entrees/Retrait-hab...

Retrait d’habilitation
Le retrait d’habilitation est la décision prise par l’autorité d’emploi, au vu d’éléments nouveaux de vulnérabilité, de supprimer l’habilitation d’une personne.
(Source : Instruction générale interministérielle sur la protection du secret et des informations concernant la défense nationale et la sûreté de l’État n° 1300/SGDN/ PSE/SSD du 25 août 2003 - Voir : Arrêté du 23 juillet 2010 portant approbation de l'instruction générale interministérielle sur la protection du secret de la défense nationale - NOR: PRMD1019225A)



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Note added at 13 hrs (2013-07-16 23:00:05 GMT)
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All, you will have gathered, are to do with "marchés publics".
Something went wrong...
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