déterminantes de la volonté de contracter

14:58 Apr 24 

I assume that xxx is a client with a Contractor or a business agent with a contract. While the French is almost identical to English a translation might not be helpful but as a means of writing the sentence in an intelligent word order that reads well. I checked for a definition of determinant and found it's an element. a factor or a circumstance that clarifies or determines with an influence. Also the French word 'volonté' is willpower (literally) so I think it's an intention with a purpose. I dare suggest another similar sentence in English:
'The stipulations of the present article are determinant of the intentions of the Client's contractor or business agent, the service charges or costs having been explained based on the exclusions and limitation in the contract for which the client x is liable.'
'

12:28 Apr 24 

the absolutely essential nature of a particular stipulation in the contract. It seems pretty simple to me. See my answer...

20:21 Apr 23 

This is creating quite a stormy conversation but I have to say that, with one exception. all of the suggestions do in some way translate the French. My initial problem was that the French sounds "sloppy" to me and doesn't really seem to say anything, unless you somehow stress the notion of "déterminant". My final opinion is that it really means that these are what En law calls fundamental terms that are "of the essence".
Many thanks to everyone. I'll leave you to the punch-up.

17:54 Apr 23 

Regarding the answer

(the terms contained in this Article) will determine xxx's decision to enter the Agreement

to which you disagreed with the comment

Time travel? This agreement is already signed, so it can not include conditions for a possible future signing.

I would have preferred the present simple but the principle is the same.

Do you read the agreement first or do you sign it first?

You read it FIRST of course BEFORE it is signed so the answer makes complete sense. If anyone is caught in a time-warp, it's you thinking that the agreement is already signed when the signatories are reading it PRIOR to signing it.

10:45 Apr 23 

The stipulations of this clause are of the essence of XXX's intention to contract, the Service prices having been decided with due regard to the exclusions and limitations of liability provided for in the Agreement.

23:37 Apr 22 

this particular article is "the essence" of this contract, what decided one of the parties to enter into it.

IOW without this article "la volonté de contracter" would vanish in thin air.

20:55 Apr 21 

That makes sense but I must say that I haven't (yet) seen a clause like this in a UK contract.

15:39 Apr 21 

In the US at least, the purpose is so that if the other party attempts to change the scope of the agreement in some way, XXX can say "Ah! Well, that formed the whole basis on which I signed the contract," - i.e. it was part of the consideration - and therefore it should be rescinded. There's sometimes a part making this clear, "the parties acknowledge that were it not for the covenants, representations and warranties made herein, the parties would not have entered into this agreement" (or words to that effect), and a line saying there are no other understandings between the parties, other than those set forth in the contract, that have formed the basis for signing.
It might all seem common sense, but the lawyers like to make it all ironclad, especially given their culture of litigation.

09:31 Apr 21 

It's now clear to me what this means, but maybe someone could tell me what is the purpose of such a clause in a contract? What actual effect does it have and has anyone seen anything like this in an English, US etc. contract?