Nov 8, 2003 13:20
20 yrs ago
3 viewers *
French term
régulière et trentenaire
French to English
Law/Patents
deeds, conveyances
Hello All, it's me again. I'm translating a legal document and would appreciate confirmation of several terms I've found. As always, thanks in advance
Here's the first:
servitude - encumbrances?
Here's the first:
servitude - encumbrances?
Proposed translations
(English)
3 +2 | "covenant" |
Tony M
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4 +1 | servitude |
Yolanda Broad
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4 | easement, servitude |
Kika Capretti
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3 | lawful ownership over thirty years |
Transflux (X)
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3 | on a regular thirty-year basis |
Emérentienne
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Proposed translations
+2
1 hr
French term (edited):
r�guli�re et trentenaire
Selected
"covenant"
Your question's a bit confusing! Maybe that's why the last one got deleted?
The idea of the 'servitude' encompasses several concepts, so the exact translation(s) you use will depend on the purpose of this document; if it is intended more for information than to have legal weight, you may find it useful to relate it to the English [UK] term 'covenant', used in real estate terms to mean 'some restriction etc. governing the use of a property'
'Servitude' in French also can include the sub-set that would be 'droit de passage' or 'right-of-way'
And the French make a big point of both negative AND positive covenants, something I've come across a lot less in English! For example, a given property may enjoy rights of access to water from another's well, etc.
HTH
The idea of the 'servitude' encompasses several concepts, so the exact translation(s) you use will depend on the purpose of this document; if it is intended more for information than to have legal weight, you may find it useful to relate it to the English [UK] term 'covenant', used in real estate terms to mean 'some restriction etc. governing the use of a property'
'Servitude' in French also can include the sub-set that would be 'droit de passage' or 'right-of-way'
And the French make a big point of both negative AND positive covenants, something I've come across a lot less in English! For example, a given property may enjoy rights of access to water from another's well, etc.
HTH
4 KudoZ points awarded for this answer.
Comment: "Graded automatically based on peer agreement."
20 mins
French term (edited):
servitude
easement, servitude
is servitude the term you're looking for?
32 mins
lawful ownership over thirty years
Glossary
... Possession trentenaire: The rule according to which one can become a property's
rightful owner simply by using it and taking care of it for thirty years, ...
shop.store.yahoo.com/poli-ana/glossary.html
... Possession trentenaire: The rule according to which one can become a property's
rightful owner simply by using it and taking care of it for thirty years, ...
shop.store.yahoo.com/poli-ana/glossary.html
36 mins
French term (edited):
r�guli�re et trentenaire
on a regular thirty-year basis
-
Peer comment(s):
agree |
Abdellatif Bouhid
48 mins
|
disagree |
Tony M
: No, it doesn't mean 'regularly every 30 years', it means 'not irregular' and 'thirty-year rule'
626 days
|
+1
171 days
French term (edited):
r�guli�re et trentenaire
servitude
According to Termium, Black's law dictionary has the following (and you can't get any more authoritative than Black's):
A charge or burden resting upon one estate for the benefit or advantage of another; a species of incorporeal right derived from the civil law [and] closely corresponding to the "easement" of the common-law, except that "servitude" rather has relation to the burden or the estate burdened, while "easement" refers to the benefit or advantage or the estate to
which it accrues. Source
EX – A servitude arises either from the natural position of the property, or from the law, or it is established by the act of man. Source
OBS – Reproduced from the Glosario Provisional de Términos Jurídicos with the permission of the United Nations Office at Geneva
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The Council of Europe French-English Legal dictionary, (F.H.S. Bridge, Council of Europe Publishing:F-67075 Strasbourg, 1994, reprinted 2002) also gives servitude, amongst a number of translations:
an encumbrance imposed on a tenement for the benefit of a tenement belonging to a different owner; easement; quasi-easement; profit à prendre (eg a right to take sand); restrictive or other covenant ["covenant" is the term proposed by Dusty] running with the land in rem; servitude; (in a wider sense) any restriction imposed on property in the public interest; obligation.
Note that the CoE then goes on to list 35 (!) kinds of "servitude", from "servitude administrative" (public servitude) to "servitude de voisinage" (right relating to adjacent property).
A charge or burden resting upon one estate for the benefit or advantage of another; a species of incorporeal right derived from the civil law [and] closely corresponding to the "easement" of the common-law, except that "servitude" rather has relation to the burden or the estate burdened, while "easement" refers to the benefit or advantage or the estate to
which it accrues. Source
EX – A servitude arises either from the natural position of the property, or from the law, or it is established by the act of man. Source
OBS – Reproduced from the Glosario Provisional de Términos Jurídicos with the permission of the United Nations Office at Geneva
------
The Council of Europe French-English Legal dictionary, (F.H.S. Bridge, Council of Europe Publishing:F-67075 Strasbourg, 1994, reprinted 2002) also gives servitude, amongst a number of translations:
an encumbrance imposed on a tenement for the benefit of a tenement belonging to a different owner; easement; quasi-easement; profit à prendre (eg a right to take sand); restrictive or other covenant ["covenant" is the term proposed by Dusty] running with the land in rem; servitude; (in a wider sense) any restriction imposed on property in the public interest; obligation.
Note that the CoE then goes on to list 35 (!) kinds of "servitude", from "servitude administrative" (public servitude) to "servitude de voisinage" (right relating to adjacent property).
Peer comment(s):
agree |
Tony M
: Nicely comprehensive and authoritative answer, Yolanda! A real help to me!
455 days
|
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