Aug 30, 2000 07:03
24 yrs ago
3 viewers *
French term

prevaloir

French to English Bus/Financial
prets

Le “RESERVATAIRE” autorise Monsieur CARRE a se tenir informee de l’avancement de L’etude de ses dossiers et demandes de prets, et s’engage a lui fournir a sa premiere demande, copie de ses demandes de prets, des responses des etablissements preteurs et de son acceptation d’offre de credit, faute de quoi, il ne pourra se prevaloir de la condition suspensive de non obtention de son ou de ses prets

Proposed translations

26 mins
Selected

avail oneself

"Se prévaloir" means to avail oneself of something, to exercise a right one has, to take advantage of something. In your example, I would translate the phrase ", faute de quoi, il ne pourra se prevaloir de la condition suspensives" as ", failing which, he shall not be entitled to avail himself of the suspensive condition".
HTH
Bettina
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4 KudoZ points awarded for this answer. Comment: "Bettina, Thanks for taking the time to translate the whole phrase. Buying a flat in France when living in England is a challenge, esp. with my level of French! Regards Gerry Duggan"
28 mins

invoke

il ne pourra pas se vouloir de...
he may not invoke (or claim)
Peer comment(s):

Heathcliff
2BO (X)
Nikki Scott-Despaigne
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31 mins

take advantage of / to benfit from

This is the menaing of the verb "se prevaloir"
Peer comment(s):

Heathcliff
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1 hr

see below

I agree with the answer above mine.
se prévaloir (de)=to take advantage (of)
"condition" I would prob. translate with
"requirements" instead of "condition."
One cannot "avail" a requirement, one
can "avail" an opportunity (profiter de)
etc.
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1 hr

"to avail oneself (of something)" or "to take advantage (of something)"

Both expressions are proper translations of "se prévaloir" (note they are not translations of "prévaloir" alone, which would be "to prevail" and is an intransitive verb).

I personally prefer the first expression.
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18 hrs

benefit from, rely upon

Your verb here is not 'prévaloir' but 'se prévaloir de qqchs' which means to take advantage from, to benefit from. In GB legal English, 'rely upon' would be used here. The question is whether or not Mr Carré can rely upon the "condition suspensive" (condition precedent) or not. (By the way, Mr Carré, thus "informé" without the extra "e", but that was probably a typo).

Thus : "...failing which, he shall not be able to rely upon the condition precedent on having failed to obtain the loan or loans".

Extra bits for your information :

CONDITION SUSPENSIVE : modalité d'un acte juridique faisant dépendre l'existence d'un "événement futur dont la réalisation est incertaine. [...] Si la condition est suspensive, le droit ne nait, rétroactivement, que si l'événement se produit.

CONDITION PRECEDENT : a major term of a contract, frequently described as a term which goes to the root or which is the essence of the contract. A provision that does not form part of a contractual obligation but operates either to suspend the contract until a specific event has happened (a condition precedent) or to bring it to an end in certain specified circumstances (condition subsequent).

Hope this helps you get on.

Nikki
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18 hrs

about conditions...

Translating legal English is a very tricky business indeed. Finding the right term, where one exists, is essential. The implications of making the wrong choice are potentially disastrous - which goes for any trnaslation, of course!

I cannot recommend too strongly that you use 'condition precedent' (if the context is English). If it is Irish (?) or US, then the term may well be different. In English law there is no such thing as a 'suspensive condition'.

I am afraid that in spite of the large number of "avail oneself of sthg" for "se prévaloir de", it is not used in legal English. We do however talk of reliance upon, taking advantage of a condition or a term.

I am sure about this!
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