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by operation of laws

French translation: Par effet de la loi/ de plein droit

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:by operation of laws
French translation:Par effet de la loi/ de plein droit
Entered by: Cristina Serra
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08:34 Sep 17, 2007
English to French translations [Non-PRO]
Law/Patents - Law (general)
English term or phrase: by operation of laws
Dans les statuts d'une société par actions simplifiée. Article sur le transfert d'actions

Right of First Refusal :

If a Non-Selling Shareholder accepts the First Refusal Offer, the Non-Selling Shareholder shall be bound to purchase the relevant Offered Shares and Debts as determined in Article 3.7.4 by paying the Offered Price and the Seller shall be bound to sell to the relevant Non-Selling Shareholder all (and only all) such Offered Shares and Debts, free of all encumbrance whatsoever against payment of the Offered Price. No representations and/or warranties shall be granted by the Seller to the Non-Selling Shareholders in connection with such sale and purchase of the Offered Shares and Debts, except for those granted by operation of laws.


Quel est le sens exact de l'expression "operation of laws"? application de la loi ?
Stéphanie Soudais
France
Local time: 17:24
Par effet de la loi/ de plein droit
Explanation:
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, his heirs are determined by operation of law. Similarly, if a person marries or has a child after his or her will has been executed, the law writes this pretermitted spouse or pretermitted heir into the will. Adverse possession, in which title to land passes because non-owners have occupied it for a certain period of time, is another important right that vests by operation of law.

Events that occur by operation of law do so because courts have determined over time that the rights thus created or transferred represent what the intent of the party would have been, had they thought about the situation in advance; or because the results fulfilled the settled expectations of parties with respect to their property; or because legal instruments of title provide for these transfers to occur automatically on certain named contingencies.

Rights that arise by operation of law often arise by design of certain contingencies set forth in a legal instrument. If a life estate is created in a tract of land, and the person by whose life the estate is measured dies, title to the property reverts to the original grantor — or, possibly, to the grantor's legal heirs — by operation of law. Joint tenants with rights of survivorship create a similar situation: when one joint tenant dies, the other tenant acquires title by virtue of the terms of the conveyance itself, by operation of law.

Rights or liabilities created by operation of law can also be created involuntarily, because a contingency occurs for which a party has failed to plan (e.g. failure to write a will); or because a specific condition exists for a set period of time (e.g. adverse possession of property or creation of an easement; failure of a court to rule on a motion within a certain period automatically defeating the motion; failure of a party to act on a filed complaint within a certain time causing dismissal of the case); or because an existing legal relationship is invalidated, but the parties to that relationship still require a mechanism to distribute their rights (e.g. under the Uniform Commercial Code, where a contract for which both parties have performed partially is voided, the court will create a new contract based on the performance that has actually been rendered and containing reasonable terms to accommodate the expectations of the parties).

Because title to property that arises by operation of law is usually contingent upon proof of certain contingencies, and title records may not contain evidence of those contingencies, legal proceedings are sometimes required to turn title that arises by operation of law into marketable title.

Retrieved from "http://en.wikipedia.org/wiki/Operation_of_law"
Selected response from:

Cristina Serra
Portugal
Local time: 16:24
Grading comment
Merci Marie-Christine
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2suivant les lois en vigueur
C_Metschkaroff
3 +1Par effet de la loi/ de plein droit
Cristina Serra
4de plein droitMagali Brazier


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
suivant les lois en vigueur


Explanation:
le sens de l'expression est que selui qui vend ou achète ne reçoit des garanties que suivant la loi en vigueur;

C_Metschkaroff
Bulgaria
Local time: 18:24
Native speaker of: Native in BulgarianBulgarian

Peer comments on this answer (and responses from the answerer)
agree  Marie Perrin: absolument d'accord ! Cf. le harrap's : "operation of law: loi en vigueur"
3 hrs

agree  AllegroTrans
7 hrs
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
de plein droit


Explanation:
Guide anglais-français de Meertens et IATE.



--------------------------------------------------
Note added at 16 mins (2007-09-17 08:50:41 GMT)
--------------------------------------------------

ou en vertu des lois..

Magali Brazier
Canada
Local time: 11:24
Specializes in field
Native speaker of: French
PRO pts in category: 95
Login to enter a peer comment (or grade)

19 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Par effet de la loi/ de plein droit


Explanation:
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, his heirs are determined by operation of law. Similarly, if a person marries or has a child after his or her will has been executed, the law writes this pretermitted spouse or pretermitted heir into the will. Adverse possession, in which title to land passes because non-owners have occupied it for a certain period of time, is another important right that vests by operation of law.

Events that occur by operation of law do so because courts have determined over time that the rights thus created or transferred represent what the intent of the party would have been, had they thought about the situation in advance; or because the results fulfilled the settled expectations of parties with respect to their property; or because legal instruments of title provide for these transfers to occur automatically on certain named contingencies.

Rights that arise by operation of law often arise by design of certain contingencies set forth in a legal instrument. If a life estate is created in a tract of land, and the person by whose life the estate is measured dies, title to the property reverts to the original grantor — or, possibly, to the grantor's legal heirs — by operation of law. Joint tenants with rights of survivorship create a similar situation: when one joint tenant dies, the other tenant acquires title by virtue of the terms of the conveyance itself, by operation of law.

Rights or liabilities created by operation of law can also be created involuntarily, because a contingency occurs for which a party has failed to plan (e.g. failure to write a will); or because a specific condition exists for a set period of time (e.g. adverse possession of property or creation of an easement; failure of a court to rule on a motion within a certain period automatically defeating the motion; failure of a party to act on a filed complaint within a certain time causing dismissal of the case); or because an existing legal relationship is invalidated, but the parties to that relationship still require a mechanism to distribute their rights (e.g. under the Uniform Commercial Code, where a contract for which both parties have performed partially is voided, the court will create a new contract based on the performance that has actually been rendered and containing reasonable terms to accommodate the expectations of the parties).

Because title to property that arises by operation of law is usually contingent upon proof of certain contingencies, and title records may not contain evidence of those contingencies, legal proceedings are sometimes required to turn title that arises by operation of law into marketable title.

Retrieved from "http://en.wikipedia.org/wiki/Operation_of_law"


Cristina Serra
Portugal
Local time: 16:24
Works in field
Native speaker of: Native in FrenchFrench, Native in PortuguesePortuguese
Grading comment
Merci Marie-Christine

Peer comments on this answer (and responses from the answerer)
agree  JULIEN POULIZAC: de plein droit=automatically, without any other formality being necessary
22 hrs
  -> Merci Julien!
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Changes made by editors
Sep 18, 2007 - Changes made by Cristina Serra:
Created KOG entryKudoZ term » KOG term


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