ayant-droit des prêteurs initiaux créanciers

English translation: party claiming through or under the initial loan creditors

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:ayant-droit des prêteurs initiaux créanciers
English translation:party claiming through or under the initial loan creditors
Entered by: Adrian MM. (X)

07:20 Sep 11, 2006
French to English translations [PRO]
Bus/Financial - Finance (general) / lawsuit
French term or phrase: ayant-droit des prêteurs initiaux créanciers
From a description about a lawsuit brought against a bank:

La Banque fait face à une action en justice intentée par un fonds d’investissement domicilié dans les îles Cayman, XXX International Ltd. XXX prétend agir comme ayant-droit des prêteurs initiaux créanciers de la République du Congo (le "Congo") et cessionnaire de créances impayées correspondant à des sommes prêtées au Congo en 1983 et 1984.

I am really stuck on how to render "ayant-droit des prêteurs initiaux créanciers"! The opinion for this case (it was tried in a New York court) states:

XXX obtained the “right, title and interest” as lender under various Congo loan agreements of which Congo is in default.

Would you suggest I use this, and not try to translate the French exactly? Thank you in advance for any advice!
Sylvia Smith
Local time: 18:53
party claiming through or under the initial loan creditors
Explanation:
ao5 has expressed it another way.

FHS Bridge's FR/EN glossary gives for one meaning of ayant droit: person entitled through or under another.
Selected response from:

Adrian MM. (X)
Local time: 18:53
Grading comment
Thank you to all who answered! Your comments and references were very helpful. Tom's suggestion seems to fit best for this text.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1party claiming through or under the initial loan creditors
Adrian MM. (X)
3holder of right, title and interest as lender
Tony M
1 +2successor of initial lenders and creditors
a05


  

Answers


19 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
holder of right, title and interest as lender


Explanation:
I think you can make use of the expression given, but it will probably be easier to work in if you add 'holder' to render the 'ayant-droit' part.

Tony M
France
Local time: 18:53
Native speaker of: Native in EnglishEnglish
PRO pts in category: 244
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
party claiming through or under the initial loan creditors


Explanation:
ao5 has expressed it another way.

FHS Bridge's FR/EN glossary gives for one meaning of ayant droit: person entitled through or under another.


    Reference: http://www.proz.com/?sp=gloss/term&id=418395
Adrian MM. (X)
Local time: 18:53
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 83
Grading comment
Thank you to all who answered! Your comments and references were very helpful. Tom's suggestion seems to fit best for this text.

Peer comments on this answer (and responses from the answerer)
agree  writeaway: yes it means party entitled to. don't see that as being the same as successor.
7 mins
  -> Thx. XXX Ltd. is/are assigns/successors-in-title if they take over the money-lenders' rights. Don't know why this has been done. Prev. Belg. Congo jobs suggest that Congo *borrower* agencies & pub. corps. can claim political immunity from sovereign debt.
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24 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +2
successor of initial lenders and creditors


Explanation:
Why to avoid a word-for-word translation if it fits into the meaning

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Note added at 4 час (2006-09-11 11:21:07 GMT)
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http://www.justice.gc.ca/en/ps/bj/harm/ayants_droit.html
successor-in-title is the correct term,
in French it should be ayant cause.

a05
Native speaker of: Native in RussianRussian
PRO pts in category: 64

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM. (X): assign and/or successor-in-title
3 hrs
  -> Thank you for rectification

agree  lenkl: with Tom's addition and replacing creditors by obligees
4 hrs
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