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  3. Law: Contract(s)

servitudes des droits

English translation: guarantees full and free possession of rights

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:servitudes des droits
English translation:guarantees full and free possession of rights
Entered by: Moorhead-Mor (X)

18:31 Nov 30, 2006
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Contrat d'édition
French term or phrase: servitudes des droits
This is from a publication agreement.
The whole sentence:
L'Auteur garantit à l'Editeur la jouissance entière et libre de toutes servitudes des droits cédés contre tous troubles, revendications et évictions quelconques.
This seems to be standard wording in these French contracts but I can't find any English translation of it. Has anyone come across this?
Moorhead-Mor (X)
Local time: 07:51
indemnifies Publisher against
Explanation:
This sounds like a standard indemnity clause (though I would not expect to find any mention of "encumbrances" there - maybe shows my ignorance, - my having encountered them more in real estate!).

Not necessarily strictly equivalent, but from a native language (English) contact, at least:

"Writer hereby indemnifies Purchaser against any loss or damage (…) incurred by reason of any breach or claim of breach of the foregoing representations and warranties."

("Option & Literary Purchase Agreement," in Contracts for the Film & Television Industry [Mark Litwak], p.75)

Longer form (p.66): "Owner agrees to indemnify Purchaser against all judgments, liability, damages, penalties, losses and expense (…) which may be suffered or assumed by or obtained against Purchaser by reason of any breach or failure of any warranty or agreement herein made by Owner."
Selected response from:

Alan Tolerton
United States
Local time: 01:51
Grading comment
This was the closest to what I ended up using. In fact I dropped the word "servitude" and for the whole sentence put "guarantees the Publisher full and free possession of all the assigned rights against any disputes, claims or..."
Thanks everyone for your help.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1all encumbraces of the rights granted
silvia karen
3might something be missing?
Bourth (X)
2claim(s) to rights (delegated rights)
cjohnstone
2indemnifies Publisher against
Alan Tolerton


  

Answers


1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
claim(s) to rights (delegated rights)


Explanation:
ideas

cjohnstone
France
Local time: 07:51
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 26
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1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
indemnifies Publisher against


Explanation:
This sounds like a standard indemnity clause (though I would not expect to find any mention of "encumbrances" there - maybe shows my ignorance, - my having encountered them more in real estate!).

Not necessarily strictly equivalent, but from a native language (English) contact, at least:

"Writer hereby indemnifies Purchaser against any loss or damage (…) incurred by reason of any breach or claim of breach of the foregoing representations and warranties."

("Option & Literary Purchase Agreement," in Contracts for the Film & Television Industry [Mark Litwak], p.75)

Longer form (p.66): "Owner agrees to indemnify Purchaser against all judgments, liability, damages, penalties, losses and expense (…) which may be suffered or assumed by or obtained against Purchaser by reason of any breach or failure of any warranty or agreement herein made by Owner."


Alan Tolerton
United States
Local time: 01:51
Specializes in field
Native speaker of: English
PRO pts in category: 8
Grading comment
This was the closest to what I ended up using. In fact I dropped the word "servitude" and for the whole sentence put "guarantees the Publisher full and free possession of all the assigned rights against any disputes, claims or..."
Thanks everyone for your help.
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
might something be missing?


Explanation:
I can't make sense of the head and tail of this sentence. What does "contre" apply to ? Now were there a "hold harmless from" in there, it would make better sense to me, but can you guarantee someone enjoyment AGAINST something??

I suspect you might be better off throwing the French out the window and gisting it along the lines of what Alan is suggesting ...

Bourth (X)
Local time: 07:51
Native speaker of: Native in EnglishEnglish
PRO pts in category: 413
Notes to answerer
Asker:

Asker: I know it sounds strange, but I found other examples of it on Google, i.e. www.crl-bretagne.fr/docs/Contrat%20edition.pdf?PHPSESSID=a80e61ede298ba2898c672d390c47350

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21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
all encumbraces of the rights granted


Explanation:



--------------------------------------------------
Note added at 23 minute (2006-11-30 18:54:58 GMT)
--------------------------------------------------

encumbrances, I meant

--------------------------------------------------
Note added at 14 ore (2006-12-01 09:24:29 GMT)
--------------------------------------------------

"libre de toutes servitudes" could be *free of any encumbrances/liens/claims*

it's only a suggestion


    Reference: http://209.85.135.104/search?q=cache:W52oyLP5qBYJ:www.ucop.e...
silvia karen
France
Local time: 07:51
Specializes in field
Native speaker of: Native in RomanianRomanian

Peer comments on this answer (and responses from the answerer)
agree  Lara Hill-Gentile (X): Yes, or sometimes you simply see "full use of the rights granted".
1 min
  -> Thank you.
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