oppose un refus de participation

English translation: refuses to contribute to the costs

10:27 Dec 3, 2022
French to English translations [PRO]
Bus/Financial - Business/Commerce (general) / Vehicle rental contract
French term or phrase: oppose un refus de participation
This is a set of circumstances in which the hirer of a vehicle must pay for any breakdown out of his own pocket:

- un défaut d'entretien et/ou de maintien du niveau des fluides est constaté
- un cas d'utilisation non conforme du Véhicule, tel que spécifié à l'article 13.1 du Contrat, est relevé
- le constructeur oppose un refus de participation du fait des manquements précités ou des exclusions définies par ce dernier

"...oppose un refus de participation" seems a strange construction. Any suggestions?
AllegroTrans
United Kingdom
Local time: 04:23
English translation:refuses to contribute to the costs
Explanation:
The manufacturer will not accept any financial responsibility.
Selected response from:

Sandrine Rutter
United Kingdom
Local time: 04:23
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2refuses to contribute to the costs
Sandrine Rutter
4declares that it refuses any [financial] participation
Eliza Hall
3 +1shall refuse any financial contribution
Mpoma
3formally object ('demur') to making a contribution
Adrian MM.
3refuses to contribute to damages
Emmanuella


Discussion entries: 12





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
opposer un refus de participation
formally object ('demur') to making a contribution


Explanation:
Notes:

1. has come before on ProZ and not really bizarre as per discussion entries, though does sound odd, literally in English. '...the manufacturer is refusing to refuse to cover the costs! ...' - the constructor is not relying on anyone else's refusal, but its own.

2. opposer ought to trigger a Lord Denning-spawned species of 'estoppel', contractual, promissory or equitable ('in pais).

3. a plain-vanilla 'rejection', as in the first example sentence, skirts around the procedural aspect of the 'estoppel' pleaded by the constructeur, rather than the lessor or owner.

4. set up is - used to be - a stock UK notarial rendering for opposer cf. raise a defence; plead (in defence) reply; *object*; set up (against); also, opposer un acte: rely on a document made by the other party, FHS Bridge.

5. 'A new formal objections process has been introduced under which a person who has been required to pay a development contribution can object...'

6. Compare and contrast a demurrer (a procedural objection) and, as some ProZ regulars might be aware of from my previous intimations, a favourite at the Bar of E&W: 'Definition: a pleading that admits an opponent's point but denies that it is a relevant or valid.'

Example sentence(s):
  • ProZ: Opposer un refus pour non-acceptation ou non-paiement English translation: reject for non acceptance or nonpayment
  • IATE: fr refus fondé sur une opposition COM en refusal based on an opposition (?)

    Reference: http://www.lawinsider.com/clause/refusal-to-make-payment
    Reference: http://www.proz.com/kudoz/french-to-spanish/law-general/4135...
Adrian MM.
Austria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 31
Notes to answerer
Asker: Thanks. I cannot say that I was reminded of estoppel or of my late uncle Denning however...


Peer comments on this answer (and responses from the answerer)
neutral  Eliza Hall: If "object" becomes "objects," then yes.
1 hr
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
declares that it refuses any [financial] participation


Explanation:
I'm assuming that the "le constructeur oppose..." phrase appears in the text as shown in AT's post. In other words, either it's in a list of bullet points, or it's in a list of items that AT helpfully broke into bullet points to make his post more readable.

Assuming that's the case, this phrase is the third example of a situation in which the hirer of the vehicle must pay for any breakdown out of his own pocket. So, it means that if the manufacturer ("constructeur") refuses to pay for repairs as a result of either of the two preceding situations or due to the exclusions, then the hirer of the car must pay for those repairs.

So we'd just use the present indicative, as in the other two examples.

And "oppose un refus" is just a legalistic way to say formally reject or object, declare a refusal, etc. It means officially or formally saying no.

So: "the manufacturer declares that it refuses any [financial] participation as a result of the aforementioned omissions or of the exclusions defined by it" [or "by the latter"].

Eliza Hall
United States
Local time: 23:23
Works in field
Native speaker of: English
PRO pts in category: 8
Notes to answerer
Asker: Thanks, but I'm not too happy with "declare" -a refusal is simply a refusal


Peer comments on this answer (and responses from the answerer)
neutral  ormiston: In normal English you refuse TO or you refuse AN offer. But if you refuse a participation it impies thanks for offering, but no thanks'
5 mins

disagree  Mpoma: I think I may see the point you're making re the indicative ... and also "shall" has a specific role in contractual documents. But there is no hint of "declare" in the ST.
31 mins
  -> There's also no direct way to say in EN that you "oppose un refus" :) FR is more abstract, EN is more concrete. "Declare" is a way of conveying the formality of "oppose un..."

agree  Jennifer Levey: Yes - because the 'circumstance' would only exist if the manufacturer did in fact state (declare, inform, notify, ...) that it was refusing to contribute for the motives mentioned.
1 hr
  -> Exactly. Thanks.
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
shall refuse any financial contribution


Explanation:
See discussion.

Yes, slightly odd use of oppose, but the context pretty much seems to dictate the interpretation. One meaning of opposer being "raise (an objection)", as you know.

--------------------------------------------------
Note added at 4 hrs (2022-12-03 14:51:17 GMT)
--------------------------------------------------

In light of Eliza Hall's answer, it may (possibly) be better to say "will refuse...". The imperative "shall" of contractual documents should probably only be applied to the parties to the contract.

It is not impossible that the manufacturer is in fact a party to this rental agreement, but this seems unlikely.

Mpoma
United Kingdom
Local time: 04:23
Works in field
Native speaker of: English
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
agree  Jennifer Levey: OK, but to fit the paragraph structure (list of circumstances, not what 'parties shall do') it would need to be (+/-): where/in the event that the manufacturer refuses/declines to make any financial contribution ...
22 mins

disagree  Eliza Hall: If the phrase appears as shown in AT's original post, then I disagree with this translation. See my proposed translation for an explanation as to why.
2 hrs
  -> On reflection I think "shall" isn't so good. Indicative is possible but "simple future" ("will") works fine too, when referring to a possible future event.

agree  Andrew Bramhall: Shsll refuse to make, yes;
10 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
refuses to contribute to the costs


Explanation:
The manufacturer will not accept any financial responsibility.


    https://www.bristol.gov.uk/residents/social-care-and-health/adults-and-older-people/money-and-legal-matters-for-social-care/how-to-calculate
Sandrine Rutter
United Kingdom
Local time: 04:23
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  SafeTex
13 hrs

agree  James A. Walsh
18 hrs

agree  Eliza Hall: That works.
1 day 50 mins

disagree  Francois Boye: you did not translate the verb 'oppose'
1 day 6 hrs
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
refuses to contribute to damages


Explanation:
...

Emmanuella
Italy
Local time: 05:23
Specializes in field
Native speaker of: French
Notes to answerer
Asker: Thanks but "damages" diesn't appear anywhere in this section of my document

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