Glossary entry

French term or phrase:

guarante solidaire mais simplement hypothécaire

English translation:

Joint guarantor but simply in respect of mortgage collateral

Added to glossary by Karen Vincent-Jones (X)
Jul 19, 2010 17:43
14 yrs ago
2 viewers *
French term

guarante solidaire mais simplement hypothécaire

French to English Bus/Financial Law: Contract(s) calling in of loan
This is a complicated French legal document involving mortgages and remortgages between different companies with similar names.
The sentence reads: "La societe RM s'est constituee garante solidaire mais simplement hypothecaire de la societe Groupe RM envers la societe CPP a concurrence de 0000 euros en principe."
I can't get my head round what's going on here: RM is joint guarantor with Groupe RM, but who is the mortgage holder?
Any help gratefully received.
Change log

Jul 19, 2010 19:19: Stéphanie Soudais (X) changed "Term asked" from "guarante solidaire mais simplement hypothecaire" to "guarante solidaire mais simplement hypothécaire"

Proposed translations

+1
40 mins
French term (edited): guarante solidaire mais simplement hypothecaire
Selected

Joint guarantor but simply in respect of mortgage collateral

for the RM Group in respect of CPP for xxx euros of principal.

Guarante refers to both solidaire and hypothecaire, I believe, see reference for garantie hypothecaire.
Note from asker:
Thank you Valentina, this seems to make most sense here.
Peer comment(s):

agree Elena Radkova : Joint and several guarantor
56 mins
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4 KudoZ points awarded for this answer. Comment: "Thank you again, Valentina, for your help"
1 hr
French term (edited): guarante solidaire mais simplement hypothecaire

...is a joint and several guarantor... of hypothecary claims

Société RM is a joint and several guarantor of Groupe RM’s indebtedness to Société CPP, but only to the extent of hypothecary claims (in Civil Law jurisdictions);
or ...
...mortgage claims (in Common Law jurisdictions)

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Note added at 1 hr (2010-07-19 19:29:08 GMT)
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"solidaire" in Civil Law jurisdictions: = "joint and several" in Common Law jurisdictions.

The dilemma here is that the French source text concept (Civil Law) is carried over into Common Law .
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