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fonction emportant hypothèque légale

English translation: mortgaged or offered as security

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:fonction emportant hypothèque légale
English translation:mortgaged or offered as security
Entered by: Anthony Lines
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01:24 Aug 15, 2008
French to English translations [PRO]
Law/Patents - Real Estate
French term or phrase: fonction emportant hypothèque légale
this is a document concerning property in French Polynesia.

The phrase or a variation appears several times throughout the document:
"Il a declaré... qu'ils n'exercaient et n'avaient jamais exercé de fonction emportant hypothèque légale sur leur biens..."

or:
"qu'ils n'étaient et n'avaient jamais été chargés de fonctions emportant hypothèque légale sur leur biens, en dehors de celle résultant au profit de Madame B de son mariage..."

or:
"qu'ils n'étaient et n'avaient jamais été tuteurs de mineurs ou d'interdits ni chargés de fonctions emportant hypothèque légale sur leur biens"

and one more slight variation:
"que Madame B n'avait jamais été chargée de fonctions soumises a l'hypothèque légale"
RachelV
Local time: 10:41
They have never mortgaged their property or offered it as security...
Explanation:
Although hypotheque is usually translated as mortgage, it is more specific than that. The bank or lender registers a charge (hypotheque) on whatever is being offered as security for a loan. A mortgage is a loan which entails a charge on the security.
Selected response from:

Anthony Lines
United Kingdom
Local time: 15:41
Grading comment
thanks very much
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1They have never mortgaged their property or offered it as security...Anthony Lines
3appointment or office triggering a (AE) judicial lien/(BE) statutory charge
Tom Thumb
2They, at no time, played any role in having their property legally mortgagedMatthewLaSon


  

Answers


2 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
They, at no time, played any role in having their property legally mortgaged


Explanation:
Hello,

My try...

emportant = leading to

fonction = role (had no involvement, played no role)

I find the "n'éxerçaient n'avait jamais excercé" interesting. I just translated the double dose of the same verb by "at no time."

I hope this helps.

MatthewLaSon
Local time: 10:41
Native speaker of: Native in EnglishEnglish
PRO pts in category: 108
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
They have never mortgaged their property or offered it as security...


Language variant: There has never been a legal charge on the property.

Explanation:
Although hypotheque is usually translated as mortgage, it is more specific than that. The bank or lender registers a charge (hypotheque) on whatever is being offered as security for a loan. A mortgage is a loan which entails a charge on the security.

Anthony Lines
United Kingdom
Local time: 15:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
Grading comment
thanks very much

Peer comments on this answer (and responses from the answerer)
agree  Yolanda Broad
4 hrs
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1 day18 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
appointment or office triggering a (AE) judicial lien/(BE) statutory charge


Explanation:
The nature of the office or appointment on French Polynesia must surely - in order to secure compliance with duties - be sanctioned with or by some species of mortgage.

The Brit. Eng. version could also be a 'charging order nisi/aboslute)'. But, unfortunately, I'm unsure of the US/ Can version.






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Note added at 1 day18 hrs (2008-08-16 19:52:27 GMT)
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Equipment Supply’s lien is a judicial lien as defined by this section. ... On this date, the Court considers the motion to avoid judicial lien filed on ...
www.arb.uscourts.gov/orders-rules-opinions/opinions/mixon/m...


    Reference: http://ate.europa.eu/iatediff/SearchByQuery.do;jsessionid=9e...
Tom Thumb
Local time: 16:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 95
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Changes made by editors
Sep 5, 2008 - Changes made by Anthony Lines:
Created KOG entryKudoZ term » KOG term


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