obliger la constituante à leur remise

English translation: place the grantor under a duty to deliver them

09:55 Nov 26, 2019
French to English translations [PRO]
Law/Patents - Real Estate / sale contract
French term or phrase: obliger la constituante à leur remise
Part of a sale contract for a property in Morocco, this is within a power of attorney granted to a representative to complete the sale on behalf of the owner.

Is this the representative providing the documents to the principal or him providing them to her? thanks


remettre tous titres et pièces, et obliger la constituante à leur remise
Julie Barber
United Kingdom
Local time: 20:17
English translation:place the grantor under a duty to deliver them
Explanation:
The constituant(e) is the person who gave the legal power to a representative to do things on his/her behalf (in this case her behalf, but her gender doesn't matter for translation purposes). If this were a last will and testament you would translate "constituant" in a specific way (settlor, testator...), but for a power of attorney you would use the more generic grantor (person granting a legal power).

In this case the grantor of the power is the seller. In order to sell her Moroccan real estate without having to physically go there herself, she gave her representative the power to do two things --

1. remettre tous titres et pièces (deliver all titles and documents), and
2. obliger la constituante à leur remise (create a legal obligation for the grantor to deliver them).

In order to complete a sale of real estate, certain titles and documents have to be delivered by the seller (or by someone acting on the seller's behalf). This power of attorney grants the seller's representative the power to deliver any titles and documents that they could possibly deliver, and also to do anything that would place the seller under a legal duty to deliver any necessary titles and documents that she may have.

For example, in a situation where the seller is doing all this herself, her signing an agreement of sale would place her under a legal duty to provide certain documents to the buyer (random example you might see in the US: documents proving that an addition that was built on the property was done legally -- i.e. copies of the construction permits, inspection reports, etc. -- so the buyer knows that the addition is legal and was competently built).

Here, she's granting a power of attorney to her representative; that means if her representative signs the agreement of sale, then she herself -- the seller -- is now legally obligated to provide those documents to the buyer.

Selected response from:

Eliza Hall
United States
Local time: 15:17
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2place the grantor under a duty to deliver them
Eliza Hall
4 +1require the grantor to deliver them
AllegroTrans
4commit (or compel) the female (corporate) appointors(s) to tender delivery of such
Adrian MM.


Discussion entries: 5





  

Answers


3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
commit (or compel) the female (corporate) appointors(s) to tender delivery of such


Explanation:
The agent, attorney-in-fact, appointee or donee of the power is IMO giving the puchaser (La Soc. term post 1990) a UK conveyancing equivalent of a +covenant for or of further assurance+, to wit to supply hereafter and tender delivery of such docs. and deeds as are necessary to complete proof of title


    Reference: http://www.proz.com/kudoz/french-to-english/real-estate/8675...
    Reference: http://www.lawinsider.com/clause/covenant-of-further-assuran...
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: "tender delivery of such" - oh dear, such convoluted lingo is clearly not necessary here, even the standard sale contract in E&W doesn't use this style
5 hrs
  -> I still feel I have answered the asker's question and explained the scenario: Is this the representative providing the documents to the principal or him providing them to her? thanks

neutral  Daryo: it's far from obvious that "la constituante" must be a female.
9 hrs
  -> I still feel I have cracked the asker's question & explained the gender-irrelevant scenario: Is this the representative providing the documents to the principal or him providing them to her? thanks
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1 day 8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
place the grantor under a duty to deliver them


Explanation:
The constituant(e) is the person who gave the legal power to a representative to do things on his/her behalf (in this case her behalf, but her gender doesn't matter for translation purposes). If this were a last will and testament you would translate "constituant" in a specific way (settlor, testator...), but for a power of attorney you would use the more generic grantor (person granting a legal power).

In this case the grantor of the power is the seller. In order to sell her Moroccan real estate without having to physically go there herself, she gave her representative the power to do two things --

1. remettre tous titres et pièces (deliver all titles and documents), and
2. obliger la constituante à leur remise (create a legal obligation for the grantor to deliver them).

In order to complete a sale of real estate, certain titles and documents have to be delivered by the seller (or by someone acting on the seller's behalf). This power of attorney grants the seller's representative the power to deliver any titles and documents that they could possibly deliver, and also to do anything that would place the seller under a legal duty to deliver any necessary titles and documents that she may have.

For example, in a situation where the seller is doing all this herself, her signing an agreement of sale would place her under a legal duty to provide certain documents to the buyer (random example you might see in the US: documents proving that an addition that was built on the property was done legally -- i.e. copies of the construction permits, inspection reports, etc. -- so the buyer knows that the addition is legal and was competently built).

Here, she's granting a power of attorney to her representative; that means if her representative signs the agreement of sale, then she herself -- the seller -- is now legally obligated to provide those documents to the buyer.



Eliza Hall
United States
Local time: 15:17
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 36
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Ph_B: obliger = to bind someone to do something
37 mins
  -> Merci.

agree  Yvonne Gallagher
13 days
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2 days 4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
require the grantor to deliver them


Explanation:
No need to pad this out with unnecessary wording

AllegroTrans
United Kingdom
Local time: 20:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 200
1 corroborated select project
in this pair and field What is ProZ.com Project History(SM)?

Peer comments on this answer (and responses from the answerer)
neutral  Ph_B: Just wondering: is it requiring her to do sthg (directly), or placing her (indirectly) under an obligation to do sthg?
4 mins
  -> It's both, see my comment to Eliza

neutral  Eliza Hall: What Ph_B said: the representative's action places the grantor under a legal obligation to deliver the docs.
1 day 8 mins
  -> I think you will find that the binding nature of the requirement is contained in the Code, so my arguably weaker "require" is quite adequate

agree  Yvonne Gallagher: amazing how the same message can be delivered in a succinct, rather than convoluted, way LOL
12 days
  -> Thanks, the FR isn't at all convoluted so I see no need whatever for the EN to be
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