acte authentique de réalisation

English translation: notarized deed of sale

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:acte authentique de réalisation
English translation:notarized deed of sale
Entered by: Stephanie Mitchel

01:22 Aug 3, 2006
French to English translations [PRO]
Law/Patents - Real Estate / Forms and contracts
French term or phrase: acte authentique de réalisation
From a buy/sell agreement in Guadeloupe, referenced as follows:
"transfert de propriété et l’entrée en jouissance auront lieu le jour de la signature de l’acte authentique de réalisation"
The official deed of completion/fulfillment/performance? Not sure in this specific context. Help?
Stephanie Mitchel
United States
Local time: 19:17
notarized deed of sale
Explanation:
As long as this transaction is being performed by a 'notaire', of course!

In mainland France, and I think it applies to DOM/TOM too, an 'acte authentique' is a 'notarized deed'

Although 'réalisation' could be translated otherwise, I think that 'deed of sale' is a more appropriate, and explicit, way, as one would expect to find the term in equivalent EN legalese.


--------------------------------------------------
Note added at 1 day8 hrs (2006-08-04 09:25:30 GMT)
--------------------------------------------------

In answer to Uma's interesting point:

I have been working closely with the notaires' profession, and these very documents, for some years now; it has been explained to me that 'notarial' simply means it is a document drawn up by a notaire (it is merely the adjective corresponding to notaire / notary), as distinct, for example, from a 'sous seing privé'; whereas 'notarized' means specifically 'made legal by being stamped, signed and sealed by the notary' — even OED makes this distinction.

HOWEVER, it is true that there seems to be a lot of confusion about these terms, and there is no doubt that even the professionals get it wrong at times.

You have to be a little careful and take some of the web references you find with a generous pinch of salt; a vast number of them come from non-legal professionals writing on French sites, or EN sites about FR property, and they are notorious for woolly and 'empirical' use of language.

There are even some that, although they *appear* to list 'acte authentique' and 'notarial deed' together, when you look deeper into them, it turns out they are actually making a distinction between the 2 terms.

One might consider, flippantly, that a shopping list could be 'notarial' if it happened to have been written by the notaire; but it would never be 'notarized'

I can't claim that this is an authoritative statement, but all I can say is that these are my own guidlines for usage, based on 10+ years experience working with these documents, and having had it explained to me face-to-face by more than one notaire.
Selected response from:

Tony M
France
Local time: 01:17
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3notarized deed of sale
Tony M
5legal document of execution
narasimha (X)
4notarial deed /authenticated deed
Uma Hariharan


  

Answers


2 hrs   confidence: Answerer confidence 5/5
legal document of execution


Explanation:
l'acte authentic de realisation means the legal document of execution, as it refers here to property transfer.

--------------------------------------------------
Note added at 2 hrs (2006-08-03 03:46:23 GMT)
--------------------------------------------------

The complete sentence can be translated as follows : Transfer of property and entry of holding will be the day of signing the legal document of excution.

narasimha (X)
India
Local time: 04:47
Native speaker of: English
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
notarial deed /authenticated deed


Explanation:
for acte authentique - notarial deed. For "de realisation" you could use "of execution" or keeping execution implicit, you can use "of sale"

Edubourse.com - Acte authentique (notarial deed) - [ Translate this page ]Acte conclu entre deux ou plusieurs personnes avec la présence d'un notaire ou d'un autre officier ministériel. L'absence de ce dernier transformerait ...
www.edubourse.com/guide/lexique.php?Terme=660 - 59k - Cached - Similar pages


IMMOsud ariège mirepoix, agence immobilière ariege, immobilier ...ACTE AUTHENTIQUE (Notarial deed):. Document signed by both parties makink you the new owner. Time limit between the agreement and the final act goes from ...
www.immo-sud.com/help2.htm - 23k - Cached - Similar pages


acte - Dictionnaire Français-Anglais WordReference.com - [ Translate this page ]acte authentique, authenticated deed. acte à titre gratuit, gratuitous act ... acte notarié, notarial deed. acte notarié, notarial act ...
www.wordreference.com/fren/acte - 17k - Cached - Similar pages


deed - English-French Dictionary - WordReference.comauthenticated deed, acte authentique. deed of trust, acte de fiducie ... notarial deed, acte notarié. quitclaim deed, acte de renonciation ...
www.wordreference.com/enfr/deed - 12k - Cached - Similar pages
[ More results from www.wordreference.com ]

French property dictionary » Kay Dream HomesPURCHASER. ACTE AUTHENTIQUE…NOTARIAL DEED. ACTE DE VENTE…CONVEYANCE DEED. ADOUCISSEUR … WATER SOFTENER. AGENT IMMOBILIER…FRENCH REAL ESTATE AGENT ...
www.kaydreamhomes.com.fr/Dictionary.asp - 125k - Cached - Similar pages

DIGIGREFFE.COM - [ Translate this page ]acte authentique : document drawn up by a notary, lawyer or public official; notarial deed. - copie authentique : authentic copy ...
www.digigreffe.com/Dev2Go.web?Anchor=glossaire_a&rnd=18 - 84k - Cached - Similar pages

Recharacterizing the transfer of receivables - International Tax ...... of receivables were not accomplished (notice served by a special legal officer to the debtor or acceptance by the debtor in an authenticated deed). ...
www.internationaltaxreview.com/?Page=10&PUBID=35&ISS=12612&... - 33k - Cached - Similar pages


Judicial Committee Judgement... virtue of Article 717, both gift and acceptance had to be in the form of a notarially authenticated deed. But the donees had never executed such a deed. ...
www.hrothgar.co.uk/WebCases/pc/reports/00/50.htm - 14k - Cached - Similar pages


Antibes 06 Alpes Maritimes PACAThese deadlines are presented as an indication and cannot be cumulated . We expect the authenticated deed to be signed within an average waiting period of 3 ...
www.espargilliere.com/savoir1.htm?lang=en - 25k - Supplemental Result - Cached - Similar pages


ANME (www.anme.org)The first is the public deed, followed by the authenticated deed under private ... The deed is then termed an authenticated deed under private writing ...
anme.org/content.php?lang=en&legis=it&theme=33&chap=159&numart=3 - 5k - Supplemental Result - Cached - Similar pages


deed - English-French Dictionary - WordReference.comauthenticated deed, acte authentique. deed of trust, acte de fiducie. deed of trust, contrat fiduciaire. deed poll, acte unilatéral ...
www.wordreference.com/enfr/deed - 12k - Cached - Similar pages





Uma Hariharan
Local time: 04:47
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Ben Gaia: Nice research
2 hrs
  -> thanks

disagree  Tony M: 'notarial' does not have quite the same legal meaning as 'notarized' and 'authentic' is a faux ami in this particular context
2 hrs
  -> Would you please be kind enough to tell me the difference. My understanding is notarial deed is drawn and executed by a notary and the notarized deed is authenticated/validated by the notary (certified). why faux ami here?
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
notarized deed of sale


Explanation:
As long as this transaction is being performed by a 'notaire', of course!

In mainland France, and I think it applies to DOM/TOM too, an 'acte authentique' is a 'notarized deed'

Although 'réalisation' could be translated otherwise, I think that 'deed of sale' is a more appropriate, and explicit, way, as one would expect to find the term in equivalent EN legalese.


--------------------------------------------------
Note added at 1 day8 hrs (2006-08-04 09:25:30 GMT)
--------------------------------------------------

In answer to Uma's interesting point:

I have been working closely with the notaires' profession, and these very documents, for some years now; it has been explained to me that 'notarial' simply means it is a document drawn up by a notaire (it is merely the adjective corresponding to notaire / notary), as distinct, for example, from a 'sous seing privé'; whereas 'notarized' means specifically 'made legal by being stamped, signed and sealed by the notary' — even OED makes this distinction.

HOWEVER, it is true that there seems to be a lot of confusion about these terms, and there is no doubt that even the professionals get it wrong at times.

You have to be a little careful and take some of the web references you find with a generous pinch of salt; a vast number of them come from non-legal professionals writing on French sites, or EN sites about FR property, and they are notorious for woolly and 'empirical' use of language.

There are even some that, although they *appear* to list 'acte authentique' and 'notarial deed' together, when you look deeper into them, it turns out they are actually making a distinction between the 2 terms.

One might consider, flippantly, that a shopping list could be 'notarial' if it happened to have been written by the notaire; but it would never be 'notarized'

I can't claim that this is an authoritative statement, but all I can say is that these are my own guidlines for usage, based on 10+ years experience working with these documents, and having had it explained to me face-to-face by more than one notaire.

Tony M
France
Local time: 01:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 365

Peer comments on this answer (and responses from the answerer)
agree  Paul Hirsh
56 mins
  -> Thanks, M/M!

agree  LJC (X)
10 hrs
  -> Thanks, Lesley!

agree  writeaway: ok, saw one ref of the 3 on Google that mentioned 'réalisation de vente'. but saw in legal dico, in completely different contexts, that réalisation can mean sale./why are we doing all the research?
15 hrs
  -> Thanks, W/A! But we already know it IS a sale, so it is really 'réalisation de la vente'; 'completion' is a bit of a risk word to use, since people tend to misunderstand it; the act taking place is completion OK, but the Deed signed is a Deed of Sale

neutral  Uma Hariharan: I find more references for acte authentique being notarial deed than notarized deed. Please explain the difference.
1 day 1 hr
  -> Thanks, Uma! Please see note that I'm about to add above
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