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.
Proposed translations
(English)
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)"
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"
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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
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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
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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
"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
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Thanks Tony. Guarantees that X shall not by her actions ...
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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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Discussion
Is he/she a joint vendor or simply the spouse of the vendor?
Thanks!