Aug 13, 2001 07:26
22 yrs ago
16 viewers *
French term
le vendeur et l'acquéreur s'obligent et obligent leurs héritiers et ayants cause
French to English
Law/Patents
Il est precise que si la vente intervient entre plusieurs vebdeurs ou acquereurs, les uns et les autres agiront conjointement et solidairement entre eux. Le vendeur et lacquereur s'obligent et obligent leurs heritiers et ayants cause solidairement entre eux, fussent-ils mineurs ou incapables, a toutes les garanties ordinaires et de droit le plus entendues
Proposed translations
(English)
0 | See if this helps | Nikki Scott-Despaigne |
0 +2 | The seller and the buyer bind themselves and their heirs ... | Germaine A Hoston |
0 -1 | Second sentence | Gregorio Melean |
Change log
Mar 11, 2011 14:29: Stéphanie Soudais changed "Term asked" from "Second sentence" to "le vendeur et l\'acquéreur s\'obligent et obligent leurs héritiers et ayants cause"
Proposed translations
2 days 11 hrs
Selected
See if this helps
This is a terrible clause in which the parties to the contract bind not only themselves but also their heirs and beneficiaries, even if they are minor or unfit. The undertaking concerns extensive ordinary and legal (compulsory?) guarantees.
Sounds wholly unreasonable to me, and I wonder to what extent a court of law would consider that a person could bind heirs and beneficiaries in this way, all the more so if they are minor and/or unfit - sounds unfair to say the least! Is it possible to bind such parties in this way? What about the doctrine of privity of contract? I'd be horrified to discover that I was suddenly bound to respect a thing like this which I had never signed and much less read!
Here's a stab at a translation of your sentence although I am not entirely happy with the meaning of "le plus étendues" in context, nor what it is actually doing there, altho' it obviously related to the feminine plural "guaranties".
"Vendor and purchaser (hereby) undertake to hold themselves, their heirs and beneficiaries, be they minor or (declared legally) unfit, jointly and severally liable in respect of the most wide-ranging/extensive ordinary and legal guarantees."
GDT for :
"solidairement" = joint and several liability
"ayant cause" syn. "ayant droit" = beneficiary
Also "fûssent-ils" can be rendered by the English subjunctive "be they"
Sounds wholly unreasonable to me, and I wonder to what extent a court of law would consider that a person could bind heirs and beneficiaries in this way, all the more so if they are minor and/or unfit - sounds unfair to say the least! Is it possible to bind such parties in this way? What about the doctrine of privity of contract? I'd be horrified to discover that I was suddenly bound to respect a thing like this which I had never signed and much less read!
Here's a stab at a translation of your sentence although I am not entirely happy with the meaning of "le plus étendues" in context, nor what it is actually doing there, altho' it obviously related to the feminine plural "guaranties".
"Vendor and purchaser (hereby) undertake to hold themselves, their heirs and beneficiaries, be they minor or (declared legally) unfit, jointly and severally liable in respect of the most wide-ranging/extensive ordinary and legal guarantees."
GDT for :
"solidairement" = joint and several liability
"ayant cause" syn. "ayant droit" = beneficiary
Also "fûssent-ils" can be rendered by the English subjunctive "be they"
4 KudoZ points awarded for this answer.
Comment: "Thanks Nikki - great as usual!"
-1
1 hr
Second sentence
Second sentence is the same, second sentence, the verdict or judge decision after a first sentence.
+2
1 hr
The seller and the buyer bind themselves and their heirs ...
T his is not the most clearly written prose, but here is my best try in the absence of more context:
The seller and the buyer bind themselves, their heirs and legal successors/legatees--even if they be minors or incompetent--to be jointly liable for all ordinary guarantees and most implicit legal guarantees."
I see two important points of ambiguity here:
1. Is there a circumflex over the u in fussent-ils? The translation proposed assumes that there is. See the reference below.
2. Is the last word entendues or étendues? The translation presumes that it is entendues. Hope this helps.
The term guarantee could be expanded to read "financial guarantee" or "contractural guarantee", depending on the larger context of the document.
Hope this helps!
The seller and the buyer bind themselves, their heirs and legal successors/legatees--even if they be minors or incompetent--to be jointly liable for all ordinary guarantees and most implicit legal guarantees."
I see two important points of ambiguity here:
1. Is there a circumflex over the u in fussent-ils? The translation proposed assumes that there is. See the reference below.
2. Is the last word entendues or étendues? The translation presumes that it is entendues. Hope this helps.
The term guarantee could be expanded to read "financial guarantee" or "contractural guarantee", depending on the larger context of the document.
Hope this helps!
Reference:
"Le Robert Dictionnaire des difficult�s du fran�ais" sv f�t-ce
Harrap's Shorter Dictionnaire anglais-fran�ais/fran�ais-anglais
Peer comment(s):
agree |
Guy Bray
: agree, except I think it's étendues--"in the broadest sens"
3 hrs
|
agree |
Sylvia Valls
1 day 23 hrs
|
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