Jun 27, 2011 21:33
13 yrs ago
28 viewers *
French term

contre tous troubles et évictions pouvant provenir de son fait personnel

French to English Law/Patents Law (general)
In the clause of property sale contract declaring the consent of the vendor's spouse to the sale, question about the translation of: "déclare garantir l'acquéreur contre tous troubles et évictions pouvant provenir de son fait personnel". I was essentially wondering: do I lose anything legally significant by simply translating: "provides the purchaser with a warranty of quiet possession", or is a more literal translation called for? Many thanks for any suggestions/references people can offer.
Change log

Jun 28, 2011 07:24: Stéphanie Soudais changed "Term asked" from "(garantir contre tous) troubles et évictions (de son fait personnel)" to "contre tous troubles et évictions pouvant provenir de son fait personnel" , "Field (specific)" from "Real Estate" to "Law (general)"

Discussion

Neil Coffey (asker) Jun 27, 2011:
Not joint vendor No, simply the spouse of the vendor. This clause is only inserted in such cases.
AllegroTrans Jun 27, 2011:
I think it is more than just quiet possession it's more about any claims that could arise from the spouse's matrimonial interest (e.g. a claim that he/she partly/wholly financed the purchase) - I imagine that there is a covenant for quiet possession (jouissance) quite separately in the contract
Is he/she a joint vendor or simply the spouse of the vendor?
Neil Coffey (asker) Jun 27, 2011:
Details Context is essentially very similar to the last para of this contract: http://bit.ly/lKI7kI entitled "Consentement du conjoint du vendeur". Essentially as I understand, there's a part of the French 'Code civil' that where a couple are living together in a property but the property formally belongs to only one of the partners, the other partner still has the right to object to the sale of the "family home". So in such cases, a clause can be inserted in advance in the contract where the spouse declares that they don't object to the sale. So effectively, the idea is that the spouse, who doesn't own the property, is saying "I declare that I won't later try and lay claim to the property/bring about some action that interferes with the sale/purchaser's title to the property".
AllegroTrans Jun 27, 2011:
Not completely clear Can you post the complete sentence containing this, with each of the sentences before and after it please? Is only the spouse providing this guarantee? Please say who (not personal names of course) all the parties are. Also, what country is this from?
Thanks!

Proposed translations

1 hr
French term (edited): (garantir contre tous) troubles et évictions (de son fait personnel)
Selected

indemnifies the purchaser against any claims that may arise from his/her (prior) interest

I know of no set way to translate this, but ussing the asker's context and my knowledge of consents to property sales in England, I think the above covers it

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Note added at 14 hrs (2011-06-28 12:31:09 GMT)
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You could also say something like
"(the vendor's spouse) renounces any (personal) interest in or claim upon the property that he/she may have"
Peer comment(s):

neutral Tony M : Isn't that a bit ambiguous, with 'his/her' seemingly referring back to 'purchaser'?
12 hrs
no, because I am assuming that the complete sentence (which include "conjoint du vendeur") indicates who is providing the indemnity
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4 KudoZ points awarded for this answer. Comment: "In the end I decided to go for a more literal translation for safety's sake, but your comments/suggestions were very helpful."
-2
8 hrs
French term (edited): (garantir contre tous) troubles et évictions (de son fait personnel)

warrants against any breach of peaceful possession through a fault of their own

warrants against any breach of peaceful possession of the premises through a fault of their own
Peer comment(s):

disagree Tony M : I think 'fault' would be a mis-translation here, and materially changes the meaning of the phrase.
4 hrs
disagree AllegroTrans : it's not really about "fault" more about any claim the spouse may have
5 hrs
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10 hrs

shall not by her/their actions cause any disturbance of the peaceful possession

Disturbance is the correct word for something interfering with peaceful possession. You could stick in a "whatsoever".

"The seller is liable for the consequences of any disturbance caused to the peaceful possession of the buyer by any person having ..."
www.scribd.com/doc/49110836/1-Law-of-Sale

"... to restrain the opp. parties from going upon the disputed land or to create any disturbance in the peaceful possession of the petitioners therein. ..."
www.indiankanoon.org/doc/340409/ - India

"Article 2700 states that the lessor warrants his lessee's “peaceful possession” of the leased property “against any disturbance caused by a person who ..."
www.neworleansbar.org/documents/NewLeaseArticles.DOC
Note from asker:
P.S. Tony -- for what it's worth, it's the non-vendor spouse who is doing the guaranteeing.
Peer comment(s):

agree Tony M : Yes, though as it is the vendor who is guaranteeing that there will be no trouble from their spouse, this wording would need to be 'massaged' to fit in this specific context. / Great!
2 hrs
Thanks Tony. Guarantees that X shall not by her actions ...
disagree AllegroTrans : "Peaceful possession" (or "quiet enjoyment") is guaranteed by the contract; this is a separate indemnity relating to any rights the spouse may have acquired (cf. in UK, Matrimonial Home Rights Act) such as a claim on the equity
4 hrs
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