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droit de suite

English translation: right to sue whoever acquires the property/goods

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:droit de suite
English translation:right to sue whoever acquires the property/goods

14:04 Jun 23, 2005
French to English translations [PRO]
Law (general) / corporation bylaws
French term or phrase: droit de suite
context: that section of the Togo law code that deals with the protection of the cultural heritage
Article 19: "L'Etat dispose dans tous les cas du droit de suite sur tous le biens classés qui auraient été illégalement aliénés.
James Gordon
Local time: 09:23
right to sue whoever acquires the property/goods
Explanation:
the "droit de suite" is a very well defined notion in French law. It is the right for a creditor/holder of a claim to exercise his rights DIRECTLY against a third party with whom it did not directly transact.In this case the state has a right directly against the (illegal)buyer etc... of the property even if the transaction was between 2 other parties. A common case of "droit de suite" is the right of an insurer to directly sue the person responsible for the damage after paying the victim. It has nothing to do with royalties.
Selected response from:

Jean-Charles Pirlet
United Kingdom
Local time: 14:23
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1droit de suite
Jane Lamb-Ruiz (X)
5 -1right to sue whoever acquires the property/goods
Jean-Charles Pirlet


  

Answers


1 hr   confidence: Answerer confidence 5/5 peer agreement (net): -1
right to sue whoever acquires the property/goods


Explanation:
the "droit de suite" is a very well defined notion in French law. It is the right for a creditor/holder of a claim to exercise his rights DIRECTLY against a third party with whom it did not directly transact.In this case the state has a right directly against the (illegal)buyer etc... of the property even if the transaction was between 2 other parties. A common case of "droit de suite" is the right of an insurer to directly sue the person responsible for the damage after paying the victim. It has nothing to do with royalties.

Jean-Charles Pirlet
United Kingdom
Local time: 14:23
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 56

Peer comments on this answer (and responses from the answerer)
agree  Gina W: YES - right of creditors in collateral; right of pursuit. Good explanation
19 mins
  -> Thank you!
disagree  Jane Lamb-Ruiz (X): yes fine but sue? no..see Dalloz, it would be: le droit de saisir les biens objet du droit quel qu'en soit le possesseur!
50 mins
disagree  Meri Buettner: the context is heritage, not creditors...therefore copyright ; Termium is quite explicit - originated in France for fine art originals...
53 mins
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16 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
droit de suite


Explanation:
leave in French or leave in French and put: droit de suite (resale or royalty rights)

This is an EU thing presently re royalties...obviously, originally French..the term is used in English...new to me


This profile considers droit de suite, a royalty for visual artists on the ...
The droit de suite aims to provide visual artists with a share of revenue ...
www.caslon.com.au/droitprofile.htm - 40k - Cached - Similar pages

Droit de Suite: Application
This page considers the application of droit de suite (a royalty for visual ...
The European Union agreed in 2001 on harmonisation of droit de suite (PDF), ...
www.caslon.com.au/droitprofile1.htm - 37k - Cached - Similar pages

Artquest > The Artlaw Archive > Droit de Suite / Resale Royalty Right
The Artlaw Archive is an online archive or articles written by art legal specialist
Henry Lydiate on contracts, money, studios, patrons, censorship, ...
www.artquest.org.uk/artlaw/droitdesuite/ - 9k - Jun 21, 2005 - Cached - Similar pages

Artquest > The Artlaw Archive > Droit de Suite / Resale Royalty ...
The Artlaw Archive is an online archive or articles written by art legal specialist
Henry Lydiate on contracts, money, studios, patrons, censorship, ...
www.artquest.org.uk/artlaw/ droitdesuite/artistscampaign.htm - 19k - Cached - Similar pages

Droite de Suite
bullet. Download our report on Droit de Suite Management in the EU. bullet,
Droit de Suite - a political agreement (Visit our Press Room) ...
www.europeanvisualartists.org/droitede.htm - 10k - Cached - Similar pages

Artists' Resale Right / Droit de Suite
The Droit de Suite (“right to follow”) or resale right, entitles artists in the
... The concept of the droit de suite appears to have originated in France ...
www.sculptors-society.ie/resaleright.html - 18k - Cached - Similar pages

Harmonising the Droit de Suite; a Legal and Economic Analysis of ...
The analysis of droit de suite legislation here has to be primarily ... I will
conclude by demonstrating that the droit de suite is one of numerous factors ...
www.bepress.com/gwp/default/vol2003/iss1/art22/ - Similar pages

Droit de Suite
The draft Droit de Suite (DDS) Implementing Regulations have been released on
consultation.
www.rics.org/Property/ Artsandantiques/Droit%20de%20Suite.html - 65k - Cached - Similar pages

18 June 2001 Analysphere: background on droit de suite
background to article on droit de suite. ... This note highlights some writing
about droit de suite, along with a shaggy bear story. ...
www.analysphere.com/18Jun01/droitnote.htm - 28k - Cached - Similar pages

Apollo: Droit de suite: a pointless, harmful tax
Full text of the article, 'Droit de suite: a pointless, harmful tax' from Apollo,
a publication in the field of Arts & Entertainment, is provided free of ...
www.findarticles.com/p/articles/ mi_m0PAL/is_517_161/ai_n13487217 - 27k - Cached - Similar pages




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Note added at 18 mins (2005-06-23 14:22:46 GMT)
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Abstract

Interest in the **Droit de Suite, the artist\'s resale royalty***, has been re-kindled by the decision of the European Union to introduce such a scheme to apply from 2006. The general nature of the Droit de Suite as an extension of copyright is discussed. The specific proposals for a Droit de Suite in Australia are analysed. Economic arguments support the sceptical view of the Droit de Suite. It is argued that the introduction of the Droit de Suite would be predicted to reduce sales of new paintings, that selling activity would move to jurisdictions which do not have a Droit de Suite and that artists would prefer to alienate their Droit de Suite by sale of a painting. The economic analysis is supplemented by an empirical study of art auction prices of 72 artists in Australia over the period 1973-1989 which reveals that the works few artists achieve a capital gain on sale in the secondary market re-inforcing the view that, if implemented, a Droit de Suite would provide payments to only a small number of artists who are likely to be in good economic circumstances. The burden of the Droit de Suite is shown to fall on the collector when selling paintings. The effect of the imposition of the Droit de Suite will be to lower the gain to collectors of paintings. It is concluded that the Australian proposal for the Droit de Suite is based on an inadequate analysis of the art market and would require a registration procedure for art works incurring heavy costs in relation to the funds available for distribution. Copyright Blackwell Publishing Ltd/University of Adelaide and Flinders University of South Australia 2003.

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Note added at 2 hrs 10 mins (2005-06-23 16:14:44 GMT)
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Jean-Charles is right that I was wrong..It is about the rights of third parties to but the right: prerogative du titulaire d\'úne droit reel de saisir le bien object du droit que quén soit le posseur..

so

final and corrected: right to seize the property or assets

Jane Lamb-Ruiz (X)
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 610

Peer comments on this answer (and responses from the answerer)
agree  Meri Buettner: term used in Great Britain (preferable to avoid translations: following right for example)
37 mins
disagree  Jean-Charles Pirlet: This has absolutely nothing to do with the case in the question, it is another "droit de suite". See my answer.
1 hr
  -> You are right: it is the right to seize the assets or property
agree  AbdulHameed Al Hadidi
2 hrs
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