la partie qui y avait intérêt

English translation: the party with an interest therein

10:12 Jul 30, 2019
French to English translations [PRO]
Law/Patents - Real Estate / compromis de vente
French term or phrase: la partie qui y avait intérêt
Hello
I can't understand what the party had an interest in.

Here is the full sentence:
Toute condition suspensive est réputée accomplie, lorsque sa réalisation est empêchée par la partie qui y avait intérêt.

This is my attempt at the translation:
All conditions precedent are considered accomplished, when their completion is prevented by the party who had an interest in (preventing) them

I'm not sure if the party had an interest in the condition precedent, or rather in preventing the fulfillment of the condition precedent.

Thanks for your help
Kevin
Kevin Furber
France
Local time: 21:58
English translation:the party with an interest therein
Explanation:
I know some of you regale against therein, thereto etc.
Selected response from:

AllegroTrans
United Kingdom
Local time: 20:58
Grading comment
Thanks for all the answers which all helped get me on the right track. I have chosen this one for the particular wording incorporating Tony M's slight change. I particularly appreciated the answers to the underlying question "why was there an interest in preventing the sale", which was of course to avoid paying the penalty
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2the party with an interest therein
AllegroTrans
5By the party that has an interest
Ali Sharifi
3 +2interested party
mrrafe
4the party that had an interested in this
Sandra& Kenneth
3by the party in whose interest it was
Tony M


  

Answers


15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
the party that had an interested in this


Explanation:
This works both ways.
:)

--------------------------------------------------
Note added at 16 mins (2019-07-30 10:28:17 GMT)
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... and is equally ambiguous.
You will probably find out later in the text.

Sandra& Kenneth
Israel
Local time: 22:58
Works in field
Native speaker of: Native in EnglishEnglish, Native in RomanianRomanian
PRO pts in category: 20
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30 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
interested party


Explanation:
the interested party, the party in interest, the real party in interest - all common EN legal expressions meaning the party that would benefit if the requested relief were granted. In this instance, lawyers would understand the "interested party" was the one that would have benefited from fulfillment of the condition frustrated by that same party. I would just ignore the FR "y"

https://en.wikipedia.org/wiki/Real_party_in_interest

https://dictionary.law.com/Default.aspx?selected=1726

https://content.next.westlaw.com/Document/Ibb0a3b03ef0511e28...

mrrafe
United States
Local time: 15:58
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Tony M: It is specifically the person who would benefit from the condition precedent's NOT being fulfilled — e.g. purchase is conditional on obtaining a loan, then prospective shoots themselves in the foot so they won't get the loan, to escape from sale.borrower
4 hrs

agree  Eliza Hall: But I'm with Tony M: it's the one who would benefit from the non-accomplishment of the condition (usually the buyer): https://www.pap.fr/acheteur/compromis-vente/la-condition-sus...
4 hrs
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3 hrs   confidence: Answerer confidence 5/5
By the party that has an interest


Explanation:
The party thas has an interest is the one that benefits, gains interest.

Ali Sharifi
United States
Local time: 15:58
Works in field
Native speaker of: Native in Farsi (Persian)Farsi (Persian)
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
par la partie qui y avait intérêt
by the party in whose interest it was


Explanation:
Literal and unambiguous.

The party's "interest" is of course in being able to invoke the "condition precedent" so as to wriggle out of (e.g.) their purchase commitment without penalty.


Tony M
France
Local time: 21:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 342
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
the party with an interest therein


Explanation:
I know some of you regale against therein, thereto etc.

AllegroTrans
United Kingdom
Local time: 20:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 196
1 corroborated select project
in this pair and field What is ProZ.com Project History(SM)?
Grading comment
Thanks for all the answers which all helped get me on the right track. I have chosen this one for the particular wording incorporating Tony M's slight change. I particularly appreciated the answers to the underlying question "why was there an interest in preventing the sale", which was of course to avoid paying the penalty

Peer comments on this answer (and responses from the answerer)
agree  Tony M: Though in that case, I think I'd say "...having an interest..."
5 mins
  -> "having an interest therein" - yes, that works well, thanks

agree  Jennifer White: agree with the phraseology here too.
1 hr
  -> thank you
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