Glossary entry (derived from question below)
French term or phrase:
à titre dérogatoire
English translation:
notwithstanding
Added to glossary by
Gary Raymond Bokobza
Oct 9, 2008 08:17
15 yrs ago
26 viewers *
French term
Spain
Highest quality, lowest rates
Native in: English 
, Spanish
Works in: French to English, French to Spanish, Spanish to English, and 51 more.
à titre dérogatoire
French to English
Law/Patents
Law: Contract(s)
A titre dérogatoire aux dispositions des Contrats Cadre, le présent Contrat d'Application est conclu in intuitu personae et est de ce fait strictement incessible.
Proposed translations
(English)
Proposed translations
+2
31 mins
Selected
notwithstanding
i.e. departing from (gets round the awkward problem of the right preposition here!)
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Note added at 1 hr (2008-10-09 09:30:14 GMT)
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Term: notwithstanding
1.
The term notwithstanding is used as a preposition in drafting contracts to indicate that the substantive provision that follows is to apply in spite of, without regard to, limited by, or prevented from operation by some other provision.
For instance, consider a contract with the following terms:
1. The Supplier shall provide monthly reports on the service levels achieved by the Supplier to the Customer.
2. Notwithstanding the generality of the foregoing, the Supplier shall promptly deliver reports specifying the number of defects in the software to the Customer.'
Clause 2 of the contract requires the the Supplier to report defects in the software promptly and not on a monthly basis as required by clause 1.
The use of the word in contracts does not detract from its plain and ordinary English meaning
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Note added at 1 hr (2008-10-09 09:30:14 GMT)
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Term: notwithstanding
1.
The term notwithstanding is used as a preposition in drafting contracts to indicate that the substantive provision that follows is to apply in spite of, without regard to, limited by, or prevented from operation by some other provision.
For instance, consider a contract with the following terms:
1. The Supplier shall provide monthly reports on the service levels achieved by the Supplier to the Customer.
2. Notwithstanding the generality of the foregoing, the Supplier shall promptly deliver reports specifying the number of defects in the software to the Customer.'
Clause 2 of the contract requires the the Supplier to report defects in the software promptly and not on a monthly basis as required by clause 1.
The use of the word in contracts does not detract from its plain and ordinary English meaning
4 KudoZ points awarded for this answer.
+3
6 mins
as an exception to ...
also possible
Peer comment(s):
| agree |
Jennifer Forbes
: Definitely!
11 mins
|
| agree |
Tony M
: ... though I'd be inclined to express it as 'By way of an exception to...'
17 mins
|
| neutral |
ormiston
: the 'as an' makes the rest sound awkward
21 mins
|
| agree |
Susan Gastaldi
2 hrs
|
3 mins
Victoria Porter-Burns
United Kingdom
United Kingdom
Native in English
United Kingdom
BA(Hons) FITI MCIL CL ISO 17100:2015
Native in: English 
Works in: French to English, Spanish to English, English, and 1 more.
Related KudoZ points
:
18
By (special) dispensation to
Without further context I'd say this is it.
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Note added at 4 mins (2008-10-09 08:21:57 GMT)
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Or maybe 'As a dispensation to...'
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Note added at 7 mins (2008-10-09 08:24:59 GMT)
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http://www.eastdorset.gov.uk/democracy/docstore/0303/0303121...
Dispensation to Verwood Town Council for meeting
held on 22 January 2003
Item for Decision: To ratify the Members' decision to grant a dispensation to
Members of Verwood Town Council to discuss the business of the
Verwood Recreation Ground on 22 January 2003 and any
subsequent meetings up to and including 30 April 2003
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Note added at 4 mins (2008-10-09 08:21:57 GMT)
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Or maybe 'As a dispensation to...'
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Note added at 7 mins (2008-10-09 08:24:59 GMT)
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http://www.eastdorset.gov.uk/democracy/docstore/0303/0303121...
Dispensation to Verwood Town Council for meeting
held on 22 January 2003
Item for Decision: To ratify the Members' decision to grant a dispensation to
Members of Verwood Town Council to discuss the business of the
Verwood Recreation Ground on 22 January 2003 and any
subsequent meetings up to and including 30 April 2003
Peer comment(s):
| neutral |
Tony M
: The context is not quite the same, I don't think that the preposition 'to' is right in the present context. / One has an 'exception to' something, but a 'dispensation from'; in yr ref. 'to' refers to the body to whom the dispensation was granted
7 mins
|
|
I know the context isn't exactly the same and the Asker is bound to realise that, but it does show how the word 'dispensation' relates to this context. I stand by my use of the preposition 'to' and can't see how it differs from Dianne's use of the same
|
14 mins
imane stanton
Native in French
&
English
Specializes in field
Meticulous Translations
Native in: English , French
Works in: English, French to English, English to French, and 4 more.
in derogation of the frame-contract...
I chose this over "by special dispensation", which is right without context because it applies to the provisions of a frame-contract and not to the rights, duties or obligations of a party to a contract.
22 hrs
By way of derogation to
Just to throw another set phrase into the mix. This one is no better or worse than others already suggested, IMO, but it happens to be one that crops up frequently in the English-language versions of EU Directives.
3 days 13 hrs
Christian Robitaille
Canada
Canada
Native in French
Specializes in field
Canada
Native in: French
Works in: English to French, French to English, Spanish to English, and 1 more.
Related KudoZ points
:
34
by derogation of
"In derogation of" is also correct.
I figure if you can go with just "by" instead of "by way of", why not just drop the extra words.
In the face of an English word "derogation" that is so close to the French term, I think it is best to stick with "derogation" rather than to resort to various terms, like "dispensation" (doesn't this imply a superior authority granting the dispensation), "exception" (there is nothing to indicate that this derogation is exceptional) or "notwithstanding" (which means "despite" or "in spite of" - kind of slightly different).
I figure if you can go with just "by" instead of "by way of", why not just drop the extra words.
In the face of an English word "derogation" that is so close to the French term, I think it is best to stick with "derogation" rather than to resort to various terms, like "dispensation" (doesn't this imply a superior authority granting the dispensation), "exception" (there is nothing to indicate that this derogation is exceptional) or "notwithstanding" (which means "despite" or "in spite of" - kind of slightly different).
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