Legal Translation of Undertaking: engagement ferme or entreprise? A tricky word

⚠️ A misleading false friend… halfway between promise and entity

The word undertaking is deceptive because it looks like entreprise or “ambitious project.” Yet in legal contexts, it refers neither to a company nor to a business activity.

👉 Undertaking primarily designates a formal commitment, given by a person or entity in a legal framework. This commitment may be written, oral, unilateral, or contractual — but in every case, it is binding.

⚖️ In law: a legally enforceable promise

An undertaking is often required in proceedings, transactions, or agreements. It may concern an obligation to act, to refrain, or to abstain — sometimes with sanctions in case of non-compliance.

Examples:

• The borrower gave an undertaking to repay the loan
  → L’emprunteur s’est engagé à rembourser le prêt

• A solicitor’s undertaking is binding
  → L’engagement d’un avocat est juridiquement contraignant

• He made a personal undertaking not to disclose the information
  → Il a pris un engagement personnel de ne pas divulguer l’information

👉 Thus, it does not mean a commercial entreprise, but a binding and formal promise.

🧾 Contexts of use

• Banking law: promise of repayment, allocation of funds

• Judicial procedure: commitment to comply with an injunction

• Transactions: written promise annexed to a contract

✅ In summary

• Undertaking = engagement juridique formel

• ❌ Not entreprise, projet, or tentative

• Carries the liability of the party giving it

📌 TransLex’s Advice

Before translating undertaking, ask yourself:

• Does it designate a precise and binding promise?

• Is it a clause, a declaration, or a procedural commitment?

• Can it be sanctioned in case of breach?

👉 In legal contexts, undertaking = engagement ferme, never a business entity or an ambitious project.