Dec 6, 2004 13:13
20 yrs ago
2 viewers *
French term
Pamela Hewitt (X)
rembourser les causes
French to English
Law/Patents
Law: Contract(s)
Deed of Sale
In a Deed of Sale under the heading "situation hypothécaire"
"Le Vendeur s'oblige à rembourser les causes de ladite inscription au moyen de fonds provenant de la présente et à en rapporter la mainlevée dans les plus brefs délais"
"Le Vendeur s'oblige à rembourser les causes de ladite inscription au moyen de fonds provenant de la présente et à en rapporter la mainlevée dans les plus brefs délais"
Proposed translations
(English)
| 5 | payoff the balance of the mortgage with the funds arising hereunder |
Jane Lamb-Ruiz (X)
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| 3 +2 | shortcut |
Bourth (X)
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| 3 +1 | See explanation |
Charlotte Allen
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| 4 | repay the [heads of] consideration underlying the said registered entry i.e. vacating the entry. |
KirstyMacC (X)
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Proposed translations
3 hrs
Selected
payoff the balance of the mortgage with the funds arising hereunder
is the meaning of the phrase...the idea is so simple really
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Note added at 8 hrs 36 mins (2004-12-06 21:49:40 GMT)
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causes de ladite inscription....the cause here is the LOAN.....in the French system they use a whole complicated system to register the mortagage...it boils down to THE LOAN or mortgage loan...inscription means a mortgage...in French, they have to say \"inscription\" because fo their process of validating mortgages...
my translation is clear and correct...
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Note added at 8 hrs 37 mins (2004-12-06 21:51:00 GMT)
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what \'\'causes\'\' registration? A registration is \'\'caused\" when a bank says they will give you a loan..here \"cause\" is a synononym for mortgage...
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Note added at 8 hrs 36 mins (2004-12-06 21:49:40 GMT)
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causes de ladite inscription....the cause here is the LOAN.....in the French system they use a whole complicated system to register the mortagage...it boils down to THE LOAN or mortgage loan...inscription means a mortgage...in French, they have to say \"inscription\" because fo their process of validating mortgages...
my translation is clear and correct...
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Note added at 8 hrs 37 mins (2004-12-06 21:51:00 GMT)
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what \'\'causes\'\' registration? A registration is \'\'caused\" when a bank says they will give you a loan..here \"cause\" is a synononym for mortgage...
4 KudoZ points awarded for this answer.
Comment: "Many thanks"
+2
15 mins
shortcut
Seems to me the French is poorly written and/or so obvious in full context that fuller logic is not required.
I assume there is some sort of bar or prohibition on some aspect of the property (due to taxes in arrears, etc.), a bar that can be withdrawn by paying money, and that the property is therefore "inscrit" or listed on some register. The Vendor agrees to use the proceeds of the sale to make the payment due and therefore liberate the property. So he will not "reimburse the causes" but will "pay off the debt for which the property has been placed on a register".
Fuller context would allow us to pinpoint the phrase and terminology, but I'm sure you can work it from there.
I assume there is some sort of bar or prohibition on some aspect of the property (due to taxes in arrears, etc.), a bar that can be withdrawn by paying money, and that the property is therefore "inscrit" or listed on some register. The Vendor agrees to use the proceeds of the sale to make the payment due and therefore liberate the property. So he will not "reimburse the causes" but will "pay off the debt for which the property has been placed on a register".
Fuller context would allow us to pinpoint the phrase and terminology, but I'm sure you can work it from there.
Peer comment(s):
| neutral |
Charlotte Allen
: You're kind of there - but it's even more obvious than you think.
13 mins
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| agree |
Buzzy
: with your suggestion in "": I suspect it's a normal mortgage-type loan not yet paid off; the sale price goes primarily to repaying & the new owners get a clean sheet in the mortgage registry (it's standard for mortgages to be registered in this way)
16 mins
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| agree |
Assimina Vavoula
5 hrs
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+1
27 mins
Charlotte Allen
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Related KudoZ points
:
90
See explanation
It's even simpler than Bourth suggests.
The property being sold is still under mortgage; this is the clause in the deed of sale which ensures that the vendor will use the money he gets from the sale to pay off the mortgage, so that the property changes hands free from any charges upon it. Otherwise the vendor might pocket the cash and walk away leaving the buyer with a property mortgaged to the hilt. 'Ladite inscription' refers to the registration or 'entry' of the mortgage.
'Causes de ladite inscription' is a tricky phrase to translate. I'll think about it and try to get back to you.
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Note added at 36 mins (2004-12-06 13:49:38 GMT)
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The full phrase for mortgage in French is: \'inscription hypothécaire\', normally shortened to \'hypothèque\', so I suppose you could translate \'ladite inscription\' as \'the aforementioned mortgage\'.
Something like \'repay the aforementioned mortgage in full\' might work. The point is that the value of the sale has to cover the cost of repaying the mortgage PLUS any costs associated with its \'mainlevée\', i.e. officially getting it \'lifted\' from the register.
The property being sold is still under mortgage; this is the clause in the deed of sale which ensures that the vendor will use the money he gets from the sale to pay off the mortgage, so that the property changes hands free from any charges upon it. Otherwise the vendor might pocket the cash and walk away leaving the buyer with a property mortgaged to the hilt. 'Ladite inscription' refers to the registration or 'entry' of the mortgage.
'Causes de ladite inscription' is a tricky phrase to translate. I'll think about it and try to get back to you.
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Note added at 36 mins (2004-12-06 13:49:38 GMT)
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The full phrase for mortgage in French is: \'inscription hypothécaire\', normally shortened to \'hypothèque\', so I suppose you could translate \'ladite inscription\' as \'the aforementioned mortgage\'.
Something like \'repay the aforementioned mortgage in full\' might work. The point is that the value of the sale has to cover the cost of repaying the mortgage PLUS any costs associated with its \'mainlevée\', i.e. officially getting it \'lifted\' from the register.
Peer comment(s):
| agree |
Bourth (X)
: As you say, simple! Thank God my mortgages are a thing of the past!
1 hr
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4 hrs
repay the [heads of] consideration underlying the said registered entry i.e. vacating the entry.
'Cause' is difficult to translate and can be: 1. legal consideration that doesn't pluralise well as well as 2. cause(s)of action that can't really support a regd. mortgage entry.
I think it boils down to: the Seller covenants to discharge the mortgage post-redemption. Repayment, strictly, is of the mortgage loan.
'We will immediately inform the customer of the non-availability and repay any consideration. § 5 Passing of Risk and Acceptance. ...'
I think it boils down to: the Seller covenants to discharge the mortgage post-redemption. Repayment, strictly, is of the mortgage loan.
'We will immediately inform the customer of the non-availability and repay any consideration. § 5 Passing of Risk and Acceptance. ...'
Peer comment(s):
| neutral |
Jane Lamb-Ruiz (X)
: cause is the loan .that's the reason one registers
3 hrs
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Must be more than the loan i.e. interest etc & expenses - it's in the plural.
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Discussion