KudoZ home » French to English » Law/Patents

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

English translation: See if this helps

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
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
United Kingdom
Local time: 06:54
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: 07:54
Grading comment
Thanks Nikki - great as usual!
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
na +2The seller and the buyer bind themselves and their heirs ...
Germaine A Hoston
naSee if this helps
Nikki Scott-Despaigne
na -1Second 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: 01:54
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 4

Peer comments on this answer (and responses from the answerer)
disagree  Nikki Scott-Despaigne: Hors sujet I'm afraid.
2 days 9 hrs
Login to enter a peer comment (or grade)

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!


Germaine A Hoston
Local time: 22:54
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 118

Peer comments on this answer (and responses from the answerer)
agree  Guy Bray: agree, except I think it's étendues--"in the broadest sens"
3 hrs

agree  Sylvia Valls
1 day 23 hrs
Login to enter a peer comment (or grade)

2 days 11 hrs
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"

Nikki Scott-Despaigne
Local time: 07:54
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
Grading comment
Thanks Nikki - great as usual!
Login to enter a peer comment (or grade)




Return to KudoZ list


Changes made by editors
Mar 11, 2011 - Changes made by Stéphanie Soudais:
Term askedSecond sentence » le vendeur et l\'acquéreur s\'obligent et obligent leurs héritiers et ayants cause


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search