le vendeur et l'acquéreur s'obligent et obligent leurs héritiers et ayants cause

English translation: See if this helps

07:26 Aug 13, 2001

French to English translations [PRO]
Law/Patents

French term or phrase: le vendeur et l'acquéreur s'obligent et obligent leurs héritiers et ayants cause

Il est precise que si la vente intervient entre plusieurs vebdeurs ou acquereurs, les uns et les autres agiront conjointement et solidairement entre eux. Le vendeur et lacquereur s'obligent et obligent leurs heritiers et ayants cause solidairement entre eux, fussent-ils mineurs ou incapables, a toutes les garanties ordinaires et de droit le plus entendues

Agius Language & Translation KudoZ activity Questions: 448 (1 open) (5 without valid answers) Answers: 353 United Kingdom
Local time: 17:09

English translation:See if this helps

Explanation:
This is a terrible clause in which the parties to the contract bind not only themselves but also their heirs and beneficiaries, even if they are minor or unfit. The undertaking concerns extensive ordinary and legal (compulsory?) guarantees.

Sounds wholly unreasonable to me, and I wonder to what extent a court of law would consider that a person could bind heirs and beneficiaries in this way, all the more so if they are minor and/or unfit - sounds unfair to say the least! Is it possible to bind such parties in this way? What about the doctrine of privity of contract? I'd be horrified to discover that I was suddenly bound to respect a thing like this which I had never signed and much less read!

Here's a stab at a translation of your sentence although I am not entirely happy with the meaning of "le plus étendues" in context, nor what it is actually doing there, altho' it obviously related to the feminine plural "guaranties".

"Vendor and purchaser (hereby) undertake to hold themselves, their heirs and beneficiaries, be they minor or (declared legally) unfit, jointly and severally liable in respect of the most wide-ranging/extensive ordinary and legal guarantees."

GDT for :
"solidairement" = joint and several liability
"ayant cause" syn. "ayant droit" = beneficiary

Also "fûssent-ils" can be rendered by the English subjunctive "be they"

Selected response from:

Nikki Scott-Despaigne
Local time: 18:09

Grading comment

Thanks Nikki - great as usual!
4 KudoZ points were awarded for this answer

Summary of answers provided

na +2

The seller and the buyer bind themselves and their heirs ...

Germaine A Hoston

See if this helps

Nikki Scott-Despaigne

na -1

Second sentence

Gregorio Melean

Answers

1 hr peer agreement (net): -1

Second sentence

Explanation:
Second sentence is the same, second sentence, the verdict or judge decision after a first sentence.

Gregorio Melean
United States
Local time: 12:09
Native speaker of:

Spanish
PRO pts in pair: 4

1 hr peer agreement (net): +2

The seller and the buyer bind themselves and their heirs ...

Explanation:
T his is not the most clearly written prose, but here is my best try in the absence of more context:
The seller and the buyer bind themselves, their heirs and legal successors/legatees--even if they be minors or incompetent--to be jointly liable for all ordinary guarantees and most implicit legal guarantees."

I see two important points of ambiguity here:
1. Is there a circumflex over the u in fussent-ils? The translation proposed assumes that there is. See the reference below.
2. Is the last word entendues or étendues? The translation presumes that it is entendues. Hope this helps.
The term guarantee could be expanded to read "financial guarantee" or "contractural guarantee", depending on the larger context of the document.
Hope this helps!

"Le Robert Dictionnaire des difficult�s du fran�ais" sv f�t-ce
Harrap's Shorter Dictionnaire anglais-fran�ais/fran�ais-anglais

Germaine A Hoston
Local time: 09:09
Native speaker of: English
PRO pts in pair: 118

2 days 11 hrs

See if this helps

Nikki Scott-Despaigne
Local time: 18:09
Native speaker of:

English
PRO pts in pair: 4638

Grading comment

Thanks Nikki - great as usual!

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