Dec 9, 2010 08:57
13 yrs ago
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French term

Préambule

French to English Law/Patents Law: Contract(s) Secondment amendment
Hello,
I'm translating a secondment amendment to an employment contract in which a few of the French entries have already been translated. This includes "préambule" which is translated as "witnesseth". It is followed by:
Etant rappelé que Monsieur .... a été engagé par la société xxxx par contrat de travail en date .....;
Que Monsieur .....a été envoyé sous lettre de mission à BANGKOK pour une période de 3 années etc...
I haven't come across this translation before, I would normally go for preamble, and would like to check it out before raising it with the client. I would be very grateful if anyone can throw further light on this,
thanks,
Anne

Discussion

French2English May 17, 2012:
Can't understand.... where all this 'I do hereby witnesseth' comes from, as I was always under the impression that the form 'witnesseth' was in the third person....no?

Proposed translations

+11
24 mins
Selected

Preamble

I believe "Préambule" should be translated as "Preamble" since its definition differs from "Witnesseth."

Here’s a PDF file http://www.wsmr.army.mil/pdf/NFFECONT.pdf
which has both a “preamble” followed by “Witnesseth” (Please see Article 1, page 3 of the PDF).

It clearly shows the difference between the “Preamble” which is the introduction or preface and “Witnesseth.” (http://www.nolo.com/dictionary/witnesseth-term.html which is “Legal jargon for "to take notice of," used in phrases such as "On this day I do hereby witnesseth the signing of this document."
Peer comment(s):

agree La Classe
9 mins
Thank you, La Classe! :-)
agree Constantinos Faridis (X)
13 mins
Thank you, Constantinos! :-)
agree S halder : YES
1 hr
Thank you very much, S halder! :-)
agree mimi 254
1 hr
Thank you, mimi! :-)
agree CKSTraductions
2 hrs
Thank you, CKS! :-)
agree B D Finch : Beware of archaic English: "On this day I do hereby witnesseth the signing of this document" is a good example of how it is possible to look silly. It should be "I hereby witness"!
2 hrs
LOL! For sure. Thank you, BD! :-)
agree Katarina Peters
5 hrs
Thank you, Katarina! :-)
agree AllegroTrans
6 hrs
Than you, Allegro! :-)
agree Louise McNei (X)
7 hrs
Thank you, ph1! :-)
agree GeoS
21 hrs
Thank you, GeoS! :-)
agree Sandra Adibe : Confusing
1667 days
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4 KudoZ points awarded for this answer. Comment: "Thanks for the confirmation!"
12 hrs

Recitals, depending on style

Just another option, depending on style, content, and structure. Since they start with "Whereas", it might actually be this word that the previous translator got confused with "Witnesseth"

I see you're from the UK, so here's a UK reference :)
http://www.contractsandagreements.co.uk/legal-terminology-ja...

"Recitals
The recitals are very similar to the preamble and are situated at the beginning of the contract. The recitals often start with the word ‘Whereas’ and are also known as the ‘whereas clauses.’ This part of the contract should not contain rights or obligations of the parties, but is merely there to explain or introduce the nature of or background to the contractual relationship."
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