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French to English translations [PRO] Law/Patents - Law: Patents, Trademarks, Copyright / acte de cession
French term or phrase:à l'acquéreur comme il agit, qui les accepte
Hi there,
I know the title makes no sense, but I can't get the meaning, please help me out, here is the context:
Par les présentes, Maitre X, comme il agit, cède et transfère, sans autre garantie que celle de son existence, en application des dispositions de l’article XYZ du Code du Commerce, à l’acquéreur comme il agit, qui les accepte, tous les droits de propriété et de jouissance…
This is my attempt:
By the..., Master X as he acts, grants and transfers without any other guarantee than that of his existence (I am aware that this sounds wrong), by applying the disposals of clause XYZ of the commercial law to the purchaser as he acts...please help I am muddled up
Explanation: Hereby, Mister X, as he acts, sells and transfers, without any other guaranty than its existence, on application of the XYZ article of the trade code, to the purchaser as he acts, who accepts them, all the rights of property and utilization.
'son existence' refers forward to the bit of the sentence that has been left off, i.e. the property or whatever it is that is being sold. It just means that the only guarantee you have is that the place does actually exist!
This is pretty basic, standard 'boiler-plate' legal stuff, found in many commonly-encountered house sale contracts, for example.
I was only referring to the « comme il agit » as having no real translation value — of course 'son existence' must be translated! But let's not lose sight of the fact that that particular expression was not part of the original question...
I agree with what your getting at RE 'son existence', its what I was trying to say. I still think it needs translated, and not left out as jargon. I guess Loulou you'll have to make an informed decision based on our advice, as you have the full context of the piece, it's pointless for us to debate nuances we are only guessing exist.
Re 'other guarantees', thats more or less what I am saying. I guess the sellor has no other way of guaranteeing the sale, other than the fact that he is the owner of whatever it is he is selling. Not making any other guarantees, I guess, would apply if the context implied the sale was far from finalised, but I'm just conjecturing here.
"agissant en qualité de ...tel et tel" often appears in legal docs.
So my take n this is that it means "the purchaser, as he is described herein" - I am presuming that the purchaser has already been described in the preamble at the head of the document.
For asker to check on all this of course as we cannot see the full document.
I've seen this before, and that it is "legalese" for "comme il s'agit (dessus)", the parties to the deed having been named towards the top of the document. This would certainly apply to l’acquéreur comme il agit (the buyer as named above, the aforementioned buyer). Obviously since Maître X is named in this sentence either I'm wrong or the name has been entered in error and it should really read le vendeur comme il agit. As I say, I suspect it is (old) legalese for what today might be le vendeur/acquéreur DONT il S'agit.
Another possible interpretation is that as agir relates to "action and a deed is an acte, it simply means "the party hereto (to this acte/deed of sale).
Sorry, Phil, but this really is "basic stuff" — in terms of legal translation, naturally. this sort of wording is to be found in everyday boiler-plate documents such as the very common house purchase contracts, and apart from the fact that these terms have been translated thousands of times and are not all that hard to find, it only really needs a basic familiarity with the kind of language used in FR legal documents.
To respond to your last point, the apparent wrong agreement is almost certainly explained by what follows... the vital context that Asker has withheld from us. But I'll be willing to bet that at some point it does all end up with a singular m. noun of some kind (e.g. « le bien ») — I've seen too many of these things to doubt it!
Uh-huh... not really... to my way of thinking "In the absence of..." really turns the meaning round the other way, surely this is more like "without making any other guarantees..."
I don't think son existence is a specific noun here. From reading cases it seems along the lines of what philgoddard is saying. I hesistated with 'his own means' but in a legal sense, this might be ambigous. Is it a case of Maître X having to guarantee something as the selling party, and having no means to guarantee it other than the fact he is the owner of it, hence in his name?
I don't understand what "son" refers to in "son existence". And is Maître X really the seller, or a lawyer acting in the sale?
Also, asker, "dispositions" doesn't mean "disposals", it means "provisions", and the "code du commerce" is the "commercial code".
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Answers
39 mins confidence: peer agreement (net): -2
to the acting purchaser, who accepts them
Explanation: Hi Loulou,
This is a very hard one indeed, but here's my attempt.
"As hereby established, Maître X, in acting, selling and transfering without any other guarantee other than his own assets, in applying the provisions of ......, to the acting purchaser who accepts them, with all the ensuing rights of ownership and enjoyment....
Feel free to suggest improvements, its a very tricky translation.
C G Mckee Local time: 20:35 Specializes in field Native speaker of: English PRO pts in category: 3
Notes to answerer
Asker: Yussarian, thank you for your help, I was completely stuck! could I put "granting" instead of "selling"?
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peer agreement (net): -2
