réalisée en présence du Bailleur

English translation: executed in Lessor's presence

15:37 Jul 14, 2017
French to English translations [PRO]
Law/Patents - Real Estate / Commercial lease
French term or phrase: réalisée en présence du Bailleur
This is from the provision in a commercial lease (France) concerning assignment of the lease to another party.
I am inclined to think that it means that the Lessor has to be a party to the deed of transfer, but could it simply mean that he has to give formal consent? or even merely to be given notice of it?

My experience has been that deeds that contain the recital "en présence de [whoever]" are often signed by that person.

La mutation devra être réalisée en présence du Bailleur ou de son mandataire dûment appelé au moyen d'une simple lettre recommandée avec avis de réception adressée à son siège social ou au domicile de son mandataire, quinze jours au moins à l'avance.

My own attempt: The Lessor or its agent must be a party to the deed of transfer after being duly summoned by at least fifteen days in advance by ordinary registered mail to its registered office or the address of its agent.
AllegroTrans
United Kingdom
Local time: 03:22
English translation:executed in Lessor's presence
Explanation:
In US law I don't think there would be any reason to imply anything beyond what the text says, e.g., no reason to declare the lessor a party.

Also in US the letter wouldn't be a summons but only a notice; the lessee and the transferee would have no power to compel the lessor's attendance, although according to the ST they can't proceed without it.
Selected response from:

mrrafe
United States
Local time: 23:22
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4carried out in the lessor's presence
philgoddard
4carried out/done in the presence of the Lessor
Nikki Scott-Despaigne
3executed in Lessor's presence
mrrafe


Discussion entries: 3





  

Answers


51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
carried out in the lessor's presence


Explanation:
The assignment must be carried out in the lessor's presence.

It may mean that the lessor has to sign the deed, but that's not what the French says.

philgoddard
United States
Native speaker of: English
PRO pts in category: 110

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: Exactly. Was drafting my (lengthier) answer and when I posted, yours appeared then.//Ah, yes. Thanks for underlining that (hugely obvious!) point I'd not spotted?*!
3 mins
  -> Thanks. The "mutation" is the assignment of the lease.

agree  Dareth Pray
1 hr

agree  writeaway: yup no more complicated than this. basically a literal translation works for once
2 hrs

agree  janthenor: agree
3 hrs
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57 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
executed in Lessor's presence


Explanation:
In US law I don't think there would be any reason to imply anything beyond what the text says, e.g., no reason to declare the lessor a party.

Also in US the letter wouldn't be a summons but only a notice; the lessee and the transferee would have no power to compel the lessor's attendance, although according to the ST they can't proceed without it.

mrrafe
United States
Local time: 23:22
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Notes to answerer
Asker: I am comfortable with "executed" when speaking of a deed of transfer; this is used in UK


Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: I agree that "in the Lessor's presence" is correct. For the UK though, "execute" is related generally to performance under the terms of an agreement, and altho' it can be used to mean complete a document (e.g. by signature), we would tend to say "signed".
41 mins
  -> Thanks, will try to remember that for Kudoz.

neutral  philgoddard: Executed means carried out.
2 days 20 hrs
  -> Secondary meaning is sign. http://dictionary.law.com/Default.aspx?selected=682 In my legal experience (US EN), "perform" is preferable for carry out, to avoid the ambiguity of "execute." But, as noted, I accept Nikki's advice that UK differs.
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54 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
carried out/done in the presence of the Lessor


Explanation:
I think it would be a serious mistake to translate "en présence de" by "be a party to". As you know, the terms chosen in such circumstances are (in a perfect world) no accident. There is nothing whatsoever to indicate that the intention is that the Lessor is to be a party to the "mutation". By the way, is the "mutation" here a change of ownership of the property concerned? From the info provided, I suspect the idea is that the Lessor is required to be present in order to demonstrate that he has knowledge of the change. However, even if he has to sign something in order to prove his presence, that will never make him party to the transfer of title as such. In my opinion, this has to be translated with a strict interpretation of what is there and no more.

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Note added at 1 hr (2017-07-14 16:39:17 GMT)
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It does not mean he has to give his consent to the transfer of title. It is more along the lines of the Lessor having to have notice of the transfer of title. He is informed of the event by LR+AR.

The transfer of title can have various effects on the entitlement of a lessor and/or a lessee, such as (in no particular order) pre-emption rights, various time limits may cease to start to run from the date of such an event, and so on. For those sorts of reasons, it is important that notice of the event of a transfer of title has to given to the Bailleur.

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Note added at 1 hr (2017-07-14 16:40:03 GMT)
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Think of sitting tenants too and the effect on their rights when there is a change of title. That sort of thing.

Nikki Scott-Despaigne
Local time: 04:22
Native speaker of: Native in EnglishEnglish
PRO pts in category: 74

Peer comments on this answer (and responses from the answerer)
neutral  mrrafe: Although transfer without consent can be a very serious breach; lessees AND transferees in NY City are evicted from their homes if they do it. But consent isn't required by this ST./// yes, I was just expressing agreement.
25 mins
  -> What I point out is that in the expression "réalisée en présence de" is not an indication that consent is required. And I took "mutation" for change of title and here it is the assignment of the lease. So I missed the BIGGIE!
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