Nov 13, 2020 14:56
3 yrs ago
51 viewers *
French term

Quittancer

French to English Law/Patents Law (general)
"La demanderesse ne peut dorénavant plus réclamer du défendeur la part incombant à des tiers qui se sont vu quittancer."

I'm not sure what the word "quittancer" means in this context. I'd be very grateful for any help.

Thanks

Discussion

Eliza Hall Nov 15, 2020:
Quittancer does not mean to give someone a receipt:

Quittancer, verbe trans.,dr. civil et comm. Donner quittance de quelque chose (dette, obligation). Quittancer un contrat, une dette, une obligation. Quittancer un mémoire d'ouvrages faits, de marchandises fournies (Ac.). Au passif. Ce mémoire a été quittancé par le tribunal (Besch.1845)
https://www.cnrtl.fr/definition/quittancer

Some sort of documentation or receipt may serve as proof that someone has been "quittancé," sure. But the word means releasing someone from a debt or obligation. A receipt isn't necessary, and may not be sufficient, to do that. The receipt is evidence of the quittance, in both FR and EN. See above for the FR, or Merriam-Webster for US EN:

"Definition of quittance
1a : discharge from a debt or an obligation
b : a document evidencing quittance"
https://www.merriam-webster.com/dictionary/quittance

When people use "quittance" to refer to the piece of paper (receipt etc.), it's a type of metonymy: https://en.wikipedia.org/wiki/Metonymy#Examples
Tania123 (asker) Nov 14, 2020:
Thank you- that is really clear, and fits in with the text.
Daryo Nov 14, 2020:
The ONLY way a situation like this could occur is when a debt is owed jointly and severally by more than one debtor.

In that case every debtor owes their own fraction of the total debt but is also guarantor for other co-debtors.

So the lender can recover the whole of the debt from ANY of the co-debtors.

What this decision says is that the fraction of the whole debt that was repaid by other co-debtors (and for which amounts they got "receipt of payment / des quittances") can no longer be claimed from the co-debtor that is being sued.

Proposed translations

+4
3 hrs
Selected

to discharge (a debt)

In this context, something like "....third parties...whose debts have been discharged"
Peer comment(s):

agree writeaway
38 mins
agree Angus Stewart
42 mins
agree Daryo : whose portion of THE "joint and several" obligation / debt that is the object of this recovery action ... It must be a case like that.
5 hrs
agree Mpoma
1 day 17 hrs
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4 KudoZ points awarded for this answer.
+1
11 mins

release from a debt/obligation

Quittancer = release from a quittance, or perhaps it's better to use debt/obligation.
So here the third parties have been released from an obligation/debt.
Peer comment(s):

agree Catherine Earle
21 mins
neutral writeaway : what's the reference for your definition?? please show it because I find the word 'released' a bit doubtful. In English, released suggests that one doesn't have to pay the debt but that is not what the French means
21 mins
Simply on this: https://en.bab.la/dictionary/french-english/quittancer But, after giving this some more thought, perhaps the translation should be something like "third parties who have been issued a receipt" Just a thought.
agree Eliza Hall : This (your header, not your explanation) is how we would say it in EN legalese. See my ref below.
3 hrs
disagree Daryo : explanations have to make sense "Quittancer = release from a quittance" makes no sense whatsoever - you can be "released" only from some obligation, not from a "receipt of payment".
9 hrs
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11 hrs
French term (edited): Quittancer

(AE) to quitclaim (BE) to quittance

See Daryo's discussion entry.

This has nothing to do with a US-type quitclaim deed, namely transfer of assets into a property or estate in discharge of the debt.

"La demanderesse ne peut dorénavant plus réclamer du défendeur la part incombant à des tiers qui se sont vu quittancer." The US: Plaintiff/s - E&W: Claimant /s - fem.corp. = pluralise - can henceforth no longer claim from the Defendant the share chargeable to third parties who have ended up quitclaimed / quittanced or discharged'-



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Note added at 11 hrs (2020-11-14 02:32:00 GMT)
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who have ended up quitclaimed / quittanced or *found themselves* discharged by receipted payment...
Example sentence:

quitclaim (ˈkwɪtˌkleɪm) law n (Law) a formal renunciation of any claim against a person or of a right to land vb (Law) (tr) a. to renounce (a claim) formally b. *to declare (a person) free from liability*

quittance in British English (ˈkwɪtəns ) noun 1. release from debt or other obligation 2. a receipt or other document certifying this

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Reference comments

36 mins
Reference:

fwiw/hth

Définition Quittancer
Reconnaître qu'un débiteur a payé tout ou partie de la somme qu'il devait.
https://dicocitations.lemonde.fr/definition_littre/23597/Qui...
Peer comments on this reference comment:

agree philgoddard
32 mins
agree Rachel Fell
2 hrs
agree AllegroTrans : exactement
3 hrs
agree Daryo
8 hrs
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4 hrs
Reference:

Quittancer

Another reference to support Writeaway's:

Quittancer, verbe trans.,dr. civil et comm. Donner quittance de quelque chose (dette, obligation). Quittancer un contrat, une dette, une obligation. Quittancer un mémoire d'ouvrages faits, de marchandises fournies (Ac.).
https://www.cnrtl.fr/definition/quittancer
Peer comments on this reference comment:

neutral AllegroTrans : If you give "quittance" (i.e. a receipt) you are acknowledging payment not releasing the debtor from the debt
2 hrs
agree Daryo
5 hrs
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