Sep 28, 2020 14:04
3 yrs ago
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English term

output contract

English to French Law/Patents Law: Contract(s)
I'm not sure how to translate "output contract" into French.

Discussion

AllegroTrans Oct 2, 2020:
Mary Only you can see the rest of your document - we don't even have one sentence!
Mary Dillon (asker) Oct 2, 2020:
Thanks to all for this discussion. I do find "contrat de fabrication" a bit problematic as it seems to refer to manufactured goods whereas an "output contract" can refer to a wide range of commercial exchanges including both agriculture and manufactured goods. However, "contrat de production" is also problematic as because the term "contrat de production audiovisuelle (CAP)" is defined in the "Code de propriété intellectuelle (CPI)" in France. This second term does not correspond to the legal concept behind "output contract."
Eliza Hall Sep 30, 2020:
Concerns re "contrat de production" I have some doubts that "contrat de production" means the same thing. It's not the music/art/audiovisual context that's problematic -- those links come up in searches because "contrat de production" is the FR for "production contract," which is a very common type of contract in those fields.

The problem is that when I limited the search and found information on "contrats de production agricole," which seems like a reasonable potential name for an agricultural output contract, the links did not say that such contracts require the buyer to purchase all of the producer's harvest (or agricultural production).

And that is the ESSENTIAL thing about "output contracts": they mean that A, the buyer, will purchase everything that B produces. Every item of the type described in the contract, that is: if A enters into an output contract to buy B's 2-inch screws, then A has to buy all the 2-inch screws that B makes, but nothing else that B makes, of course.

If someone can point to a link about "contrat de production" meaning that A has to buy all of B's production -- or any other FR term that means that -- then we're set. But so far I haven't found any such links.
Eliza Hall Sep 30, 2020:
@Mary, output = buy all production Just to confirm what Mary posted, an output contract is an agreement under which A agrees to purchase everything that B can produce. It's normally seen in manufacturing and perhaps agriculture (A will buy all the crops that B can harvest).

We don't need any context because that's simply what "output contract" means: https://legal-dictionary.thefreedictionary.com/Output Contra...

"Output contracts are a special type of contract that concern the sale and purchase of goods.... the buyer will buy all of an item that the seller can produce....

Another similar type of contract for the sale of goods is called a requirement contract.... While output contracts are agreements for the buyer to purchase all of an item that the seller can supply, requirement contracts are agreements for the seller to sell as much of an item as the buyer requires."
https://www.legalmatch.com/law-library/article/what-is-an-ou...

That said, context could help if there is no equivalent FR term and we need to resort to an explanatory translation.
BERTRAND TANKEU Sep 29, 2020:
I think the principle is quite the same for audiovisual domains. As you mentioned, this results from the implementation of Property Law whereby someone can actually acquire rights over a manufacturer's entire production. We have it here in the domain of agriculture also, mostly between companies and local producers. Some even go further to impose means of production to these local producers. Both parties can seek enforcement of the output contract in case of breach by either party.
BERTRAND TANKEU Sep 29, 2020:
I think the principle is quite the same for audiovisual domains. As you mentioned, this results from the implementation of Property Law whereby someone can actually acquire rights over a manufacturer's entire production. We have it here in the domain of agriculture also, mostly between companies and local producers. Some even go further to impose means of production to these local producers. Both parties can seek enforcement of the output contract in case of breach by either party.
Mary Dillon (asker) Sep 29, 2020:
Thanks for the suggestion, Bertrand. Contrat de production seems to be highly linked to the audiovisual domains and music industry in France, though.
Mary Dillon (asker) Sep 29, 2020:
This is a chapter on property law. Here is the sentence, "A contract to sell 'all the goods a company manufactures' or 'all the crops a farmer grows' is called an output contract.
AllegroTrans Sep 28, 2020:
Are you there Asker? You need to help us unless you only want guesswork
Christian Fournier Sep 28, 2020:
D'accord avec Allegro - impossible de répondre sans plus de contexte
AllegroTrans Sep 28, 2020:
Asker Some context is needed please - the nature of the contract, the product and at least a sentence containing the term or a sentence following this if it's a heading.

Proposed translations

+2
1 hr
Selected

Contrat de production

Contrat par lequel un acheteur s'engage à acquérir toute la production d'un fournisseur
Peer comment(s):

agree Maïté Mendiondo-George : Cela pourrait aller mais sans contexte ??? sujet a caution
1 hr
Je suis d'accord avec vous. Je me suis fondé sur la tendance générale et la probabilité que dans les principes dans le cas d'espèce soient identiques. Mais le contexte demeure la boussole.
agree D. Eme Diptrans
20 hrs
neutral Eliza Hall : You've got the meaning of the EN term exactly, but can you point to a reference that this is the FR term?
2 days 1 min
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1 KudoZ points awarded for this answer. Comment: "I think this is the best translation proposed, even if it does not fit perfectly, and it is important to be careful with confusion about "contrat de production audiovisuelle." @AllegroTrans: there is only one sentence in the chapter with this term, as I provided in the discussion thread: "A contract to sell 'all the goods a company manufactures' or 'all the crops a farmer grows' is called an output contract.""
1 day 10 hrs
English term (edited): AmE / CanE: output contract

contrat de fabrication globale

- as per Bertrand, though the English is a US business law term of art cf. manufacturing agreement: perhaps this ought to have been spelled out.

Otherwise, I admit to having (boldly) translated 'contrat de fabrication' into English as an 'output contract' for UK consumption.
Example sentence:

Le contrat de fabrication est celui par lequel le fabricant s’oblige envers un maître d’ouvrage (donneur d’ordre) à fabriquer pour lui un bien donné. Il peut être établi oralement ou par écrit.

Peer comment(s):

agree AllegroTrans : Yes, I think "fabrication" better expresses the notion of manufacturing than "production"
12 hrs
Thanks, Chris.
disagree Eliza Hall : "Le contrat de fabrication est celui par lequel le fabricant s’oblige envers [B]... à fabriquer pour lui un bien donné." You omit the critical point that B will purchase ALL of A's production. https://legal-dictionary.thefreedictionary.com/Output Contra...
15 hrs
Read my answer *carefully*. It is qualified by 'globale' though, in my context, contrat de de fabrication had been on all fours with the whole output, plus you - worryingly - fail to realize the US American uniqueness of this term.
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