Jan 12, 2008 13:26
16 yrs ago
17 viewers *
French term
excédât-elle un/vingtième
French to English
Law/Patents
Law: Contract(s)
conveyancing
Does this term have a recognised translation? Or could someone at least explain what it means. Here in context "toute erreur dans la désignation et toute différence de superficie, excédât-elle un/vingtième, devant faire le profit ou la perte de l'ACQUEREUR."
Proposed translations
(English)
4 +3 | even if by more than 5% | Tony M |
4 +2 | should it exceed one twentieth... | Ghyslaine LE NAGARD |
3 +2 | even if it exceeds | BusterK |
Proposed translations
+3
24 mins
Selected
even if by more than 5%
This has been discussed before at great length, so I suggest it would be worth your looking back into the archive.
Historically, under French conveyancing law, a tolerance of ±5% was disregarded (but more than that was taken into account). So what this is saying is that in the present contract / Deed, even errors of over 5% will not be adjusted for (i.e. will have to be accepted by either the seller or buyer, as appropriate)
It's a standard inclusion in such contracts, though I've never personally come across a 'standard' translation — not least, because I don't think the equivalent concept exists under English law (AFAIK!)
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Note added at 27 mins (2008-01-12 13:53:53 GMT)
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Of course, since we are talking about 'erreur', it will be 'of' rather than 'by' — or of course you can re-instate "...it exceeds..."
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Note added at 54 mins (2008-01-12 14:20:36 GMT)
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In case you have any doubts, as I am speaking from personal knowledge rather than merely citing Web refs., this was explained to me in great detail by a practising notaire, who added that it was pretty much useless padding anyway, referring as it does to obsolete FR practices!
Historically, under French conveyancing law, a tolerance of ±5% was disregarded (but more than that was taken into account). So what this is saying is that in the present contract / Deed, even errors of over 5% will not be adjusted for (i.e. will have to be accepted by either the seller or buyer, as appropriate)
It's a standard inclusion in such contracts, though I've never personally come across a 'standard' translation — not least, because I don't think the equivalent concept exists under English law (AFAIK!)
--------------------------------------------------
Note added at 27 mins (2008-01-12 13:53:53 GMT)
--------------------------------------------------
Of course, since we are talking about 'erreur', it will be 'of' rather than 'by' — or of course you can re-instate "...it exceeds..."
--------------------------------------------------
Note added at 54 mins (2008-01-12 14:20:36 GMT)
--------------------------------------------------
In case you have any doubts, as I am speaking from personal knowledge rather than merely citing Web refs., this was explained to me in great detail by a practising notaire, who added that it was pretty much useless padding anyway, referring as it does to obsolete FR practices!
Note from asker:
Hi Tony - I would love to repost the full sentence at the top but have no idea how! sorry - also, am mystified as the first thing I did was run a proz term search on this phrase and turned up a zero response - where can I find the other disscussions? |
Peer comment(s):
agree |
Bourth (X)
: Certainly clearer to all.
20 mins
|
Thanks, Alex!
|
|
agree |
Attorney DC Bar
: Correct, but what's wrong with 'one-twentieth'? Why restate as '5%'? Not incorrect, but why do it?
3 hrs
|
Thanks, Rufinus! You're quite right, I did it more than anything else for Asker's benefit, to make it feel more familiar, and to (I hoped!) help explain the concept...
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neutral |
B D Finch
: Even should it exceed by more than 5% ...?
11 hrs
|
Well exactly! If you add in the 'even if...' idea, then the EN subjunctive 'should' sits really awkwardly, legal-ese or not
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|
agree |
Patrice
15 hrs
|
Merci, Patrice !
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4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
+2
4 mins
should it exceed one twentieth...
should it exceed 1/20th
Note from asker:
Does this mean that if the errors or differences are less than 1/20th then the buyer has no recourse? |
L'ACQUEREUR prend les biens immobiliers vendus dans l'état où ils se trouvent actuellement sans pouvoir exercer aucun recours ni répétition contre le VENDEUR à raison de fouilles ou excavations qui ont pu être pratiquées sous l'immeuble et de tous éboulements qui pourraient en résulter par la suite, la nature du sol et du sous sol n'étant pas garantie, comme aussi sans aucune garantie de la part du VENDEUR, en ce qui concerne soit l'état de l'immeuble et les vices de toutes natures apparents ou cachés dont il peut être affecté, soit les mitoyennetés, soit la désignation des biens vendus soit les indications de superficie , toute erreur dans la désignation et toute différence de superficie, excédât-elle un/vingtième, devant faire le profit ou la perte de l'ACQUEREUR. |
Peer comment(s):
agree |
Karen Stokes
17 mins
|
disagree |
Tony M
: Although the idea is of course right, the EN expression is incomplete — even allowing for the stiltedness of legal-ese! But Alex, the key point that this misses out is the 'EVEN IF...it should exceed' idea encapsulated in the FR subjunctive.
24 mins
|
agree |
Bourth (X)
: Contrary to Tony, this sounds like legalese to me. Depends how far down the "plain English" road you want to go. It could be perplexing for some English speakers, however, including native speakers!
32 mins
|
neutral |
B D Finch
: I find the English perfectly "plain" enough! However, I am now convinced by Tony's arguments that "even" or "even if" is required. "5%" still preferred to a "twentieth".
48 mins
|
agree |
Victoria Porter-Burns
: I agree - 5% sounds more natural to me
2 hrs
|
disagree |
Attorney DC Bar
: No, it's 'even if', not 'should it'. And how are you translating 'repetition', Asker, just out of curiosity?
3 hrs
|
repetition ?
|
|
agree |
Younes Marouf
3759 days
|
+2
20 mins
even if it exceeds
I do agree with the proposal of NewCal in a general context but this one looks different.
I understand that the difference, even if in excess of one twentieth, will be borne by the buyer. As a consequence, the buyer has NO recourse at all.
I understand that the difference, even if in excess of one twentieth, will be borne by the buyer. As a consequence, the buyer has NO recourse at all.
Peer comment(s):
agree |
Bourth (X)
: That too
25 mins
|
agree |
Laura Tridico
: I prefer "even if it exceeds..."
11 hrs
|
Discussion