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porte de plein droit

English translation: automatically applies to / covers / ipso jure

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:porte de plein droit
English translation:automatically applies to / covers / ipso jure
Entered by: B D Finch
Options:
- Contribute to this entry
- Include in personal glossary

08:41 Apr 24, 2008
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: porte de plein droit
porte de plein droit sur l'enseigne, le nom commercial etc



I'm trying to figure out what 'porte de plein droit' means



I know what plein droit means - by right, or as a right etc, but not sure of the porte bit.



Any help is greatly appreciated
paris09
automatically applies to/covers
Explanation:
"De plein droit" can be translated as "automatically" (see IATE).
Selected response from:

B D Finch
France
Local time: 09:11
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1applies to/covers by operation of law/ipso jure
Conor McAuley
4 +2automatically applies to/covers
B D Finch


Discussion entries: 2





  

Answers


36 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
automatically applies to/covers


Explanation:
"De plein droit" can be translated as "automatically" (see IATE).

B D Finch
France
Local time: 09:11
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 465
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: yes, also involves/affects/has a bearing on/etc. etc.
4 hrs
  -> Thanks AT

agree  rkillings: ipso jure, as a matter of law, as of right, i.e., no need for stipulation.
9 hrs
  -> Thanks rk
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21 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
applies to/covers by operation of law/ipso jure


Explanation:
Council of Europe Fre-Eng Legal Dict.

I'm sorry, I don't like automatically, automatically due to what? Contains less meaning than this answer (I don't care about the points, just about accuracy!)

Good definition here:

http://legal-dictionary.thefreedictionary.com/By operation o...

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.

http://en.wikipedia.org/wiki/By_operation_of_law

ipso jure

Ipso jure is a Latin phrase, directly translated as by operation of law. It is used as an adverb.

http://en.wikipedia.org/wiki/Ipso_jure

As opposed to ipso facto, arising out of acts or situations:

http://en.wikipedia.org/wiki/Ipso_facto

(Law lesson over, hope you found it interesting! ;-))) )

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Note added at 21 hrs (2008-04-25 06:02:23 GMT)
--------------------------------------------------

The correct formulation is:

applies to/covers ipso jure

(ipso jure operates as an adverb, as one of my links states)

--------------------------------------------------
Note added at 23 hrs (2008-04-25 07:52:23 GMT)
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Note also that I now prefer "by operation of law" to "ipso jure", as its plainer English, more comprehensible to Joe Bloggs.

Conor McAuley
France
Local time: 09:11
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 82

Peer comments on this answer (and responses from the answerer)
agree  rkillings: But I suppose you don't go for reconduction tacite = automatic renewal either.
53 mins
  -> I suppose there is a legalese vs plain English issue here, it's also a matter of personal taste, but for me automatically is just too vague, and I'm not slagging off the competition to get 4 points! As for reconduction:http://www.google.ie/search?hl=fr&q

neutral  B D Finch: Very interesting, and your answer is probably the better one for this question. In contracts, I translate "de plein droite" as "automatically", when it's about a breach that would automatically terminate the contract. Is it OK in that context?
3 hrs
  -> Interesting alright, got me thinking, automatically is incomplete I think, "automatically due to Law" if you like ;-))) let's not fight. As I say, depends on personal taste, and document audience of course, translating for the layman,you simplify a little
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Changes made by editors
May 8, 2008 - Changes made by B D Finch:
Edited KOG entry<a href="/profile/570330">B D Finch's</a> old entry - "porte de plein droit" » "automatically applies to/covers"
May 8, 2008 - Changes made by B D Finch:
Created KOG entryKudoZ term » KOG term
Apr 24, 2008 - Changes made by Steffen Walter:
Term askedPorte de plein droit » porte de plein droit
Apr 24, 2008 - Changes made by writeaway:
Language pairEnglish » French to English


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