"effet novatoire du compte courant"

07:54 Jul 30, 2015
This question was closed without grading. Reason: No acceptable answer

French to English translations [PRO]
Bus/Financial - Finance (general) / clearing of cheques/bills of exchange
French term or phrase: "effet novatoire du compte courant"
Explanation is clear: (on http://www.banque-info.com/lexique-bancaire/e/effet-novatoir...

Opération par laquelle toute créance portée sur un compte courant subit une sorte de novation (il y a remplacement d’une obligation par une autre), du fait qu’elle perd son individualité pour devenir un simple article de ce compte ; elle perd ainsi les sûretés et garanties dont elle était assortie (ex. : cas des effets escomptés revenus impayés et débités en compte).

But what is it in English?
Colin Smith
United Kingdom
Local time: 10:32


Summary of answers provided
4novatory effect on the current account
rkillings
3banker's setoff/ current account setoff
Maeva Cifuentes
3transfer by novation
Nikki Scott-Despaigne


Discussion entries: 3





  

Answers


3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
banker's setoff/ current account setoff


Explanation:
Set-off rights may arise between two parties who owe each other monetary debts.

A right of set-off allows one of the parties (the debtor) to apply the amount owed to it by the other party (the creditor) against the amount the debtor owes to the creditor, enabling the debtor to reduce or extinguish its liability.

Unless otherwise agreed by the parties, banks have a general right to combine two or more accounts held by the same entity. This means that they can set-off a debit balance on one account against a credit balance on another.

The types of account which can be combined are limited. For example, there is no right to combine a loan account with a current account because they are of different characters. For this reason, some commentators have begun to refer to 'current account set-off' instead of 'bankers' set-off'.




    Reference: http://https://www.lexisnexis.com/uk/lexispsl/bankingandfina...
Maeva Cifuentes
Spain
Local time: 11:32
Native speaker of: English
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
effet novatoire du compte courant
transfer by novation


Explanation:
"It shall be agreed expressly, that transfer by novation of the current account shall only come into play once the usual verifications have been carried out."

May this work will help : Understanding International Bank RiskPublished Online: 15 APR 2013.

http://onlinelibrary.wiley.com/doi/10.1002/9781118673294.glo...

Novation.
The transfer of rights and obligations from one entity to another, for example following the substitution of a new debtor for an old debtor or of one bank for another under a loan facility by way of substitution (transfer) certificate.

Novation agreement.
A document which formally concludes the sale and transfer (by novation) of all rights and obligations from an existing lender to a new lender.

Seems to match quite well the definition you have whereby there is "remplacement d'une obligation par une autre".


Nikki Scott-Despaigne
Local time: 11:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 162
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19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
novatory effect on the current account


Explanation:
Why avoid the obvious? The term "novatory effect" certainly appears in legal treatises on Roman law (have a look at the Google Books titles turned up by a search on the phrase). It is evidently alive in French law also. So what if the adjectival term is rarely or never heard or seen in the contemporary Anglosphere. Novation (the noun and the concept) *has* been incorporated into common law.
And the source text here is about a civil-law jurisdiction, after all.

rkillings
United States
Local time: 02:32
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1140
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