Jul 14, 2017 15:37
6 yrs ago
3 viewers *
French term
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
réalisée en présence du Bailleur
French to English
Law/Patents
Real Estate
Commercial lease
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.
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.
Proposed translations
(English)
| 3 | executed in Lessor's presence |
mrrafe
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| 4 +4 | carried out in the lessor's presence |
philgoddard
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| 4 | carried out/done in the presence of the Lessor |
Nikki Scott-Despaigne
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Proposed translations
57 mins
Selected
executed in Lessor's presence
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.
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.
Note from asker:
| I am comfortable with "executed" when speaking of a deed of transfer; this is used in UK |
Peer comment(s):
| 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
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Thanks, will try to remember that for Kudoz.
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| neutral |
philgoddard
: Executed means carried out.
2 days 20 hrs
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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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4 KudoZ points awarded for this answer.
+4
51 mins
philgoddard
United States
United States
Native in English
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
110
carried out in the lessor's presence
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.
It may mean that the lessor has to sign the deed, but that's not what the French says.
Peer comment(s):
| 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
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Thanks. The "mutation" is the assignment of the lease.
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| agree |
Dareth Pray
1 hr
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| agree |
writeaway
: yup no more complicated than this. basically a literal translation works for once
2 hrs
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| agree |
janthenor
: agree
3 hrs
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54 mins
Nikki Scott-Despaigne
Native in English
Psychologist, Court-certified legal
Native in: English
Works in: French to English
Related KudoZ points
:
74
carried out/done in the presence of the Lessor
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.
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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.
Peer comment(s):
| 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
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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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Discussion
https://www.legifrance.gouv.fr/affichTexteArticle.do?idArtic...
I'd use a verb other than "summoned" which suggests a court summons.
Also, by ordinary registered mail "sent to" wherever.