Glossary entry

French term or phrase:

titres réguliers non prescrits

English translation:

valid, subsisting documents of title

Added to glossary by AllegroTrans
Oct 2, 2010 08:58
13 yrs ago
16 viewers *
French term

titres réguliers non prescrits

French to English Law/Patents Law: Contract(s) Promesse de vente
"L'ACQUEREUR profitera des servitudes actives et supportera celles passives conventionnelles ou légales, apparentes ou occultes, continues ou discontinues, pouvant grever l'IMMEUBLE vendu, le tout à ses risques et périls, sans recours contre le VENDEUR et sans que la présente clause puisse donner à qui que ce soit plus de droits qu'il n'en aurait en vertu des ***titres réguliers non prescrits*** ou de la loi."
Change log

Oct 16, 2010 14:59: AllegroTrans Created KOG entry

Discussion

AllegroTrans Oct 4, 2010:
Title still in force/subsisting/not extinguished These all convey (sorry for the pun) the same meaning imo
One can have a title granting an easement for 15 years. So the title is valid, but barred after the 15 years. That's the meaning of "titres réguliers non prescrits" A valid title still in force, meaning not yet barred.
Adrian MM. (X) Oct 4, 2010:
Titles vs. deeds Limitation suggests there's a (BrE) fetter/(AmE) cloud on title. Let's have it spelled out using the proper UK conveyancing terms instead of dodging the issue.

Then let's have an exposition on the meaning of titres: either the deeds or underlying titles or both are time-unbarred.
AllegroTrans Oct 4, 2010:
@ Tom Thumb But the source text was not from England, so why are terms such as qualified and absolute title relevant at all? You can't make something "English" out of something "French" and certainly not in law...
Adrian MM. (X) Oct 4, 2010:
Correct meaning 'Regular ownership titles not subject to any limitation': doesn't show any knowledge of titles vs. deeds and possessory, qualified and absolute titles in Eng. regd. conveyancing. Pls. expand....
AllegroTrans Oct 4, 2010:
Previous answer ...was not particularly well worded, but I don't see it as "wrong" - at least it conveyed the correct meaning, imo
Conor McAuley (asker) Oct 2, 2010:
Previous answer http://www.proz.com/kudoz/french_to_english/law:_contracts/1...

I'm not convinced by this.

Proposed translations

+2
16 hrs
Selected

valid, subsisting documents of title

As many know, I dislike trying to "convert" phrases like this into English/common law legal terms, which invariably have quite different meanings from their French counterparts.
I think the construction I have suggested covers the notion whilst avoiding this problem.

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Note added at 1 day9 hrs (2010-10-03 18:51:15 GMT)
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I agree with Tom Thumb's point - it's not the documents that are subsisting, but the title to which they relate

"Valid documents evidencing subsisting title" gets over this

Note from asker:
This came up again -- so thanks again!
Peer comment(s):

neutral Adrian MM. (X) : subsisting is ambiguous and could mean that the paper documents and deeds either are still in existence or are unhit by a long-stop (specialty - you'll know what that means) time limit, rather than that the underlying incidents of title are 'good'
6 hrs
thanks, I agree..could be got around by using "valid documents evidencing subsisting title"
agree Notarially L (X) : a brilliant answer accommodating both French and English/Irish conveyancing practice
11 hrs
thank you
agree GeoS
1 day 4 hrs
thank you
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
3 hrs

valid titles not time-barred



13 Aug 1997 ... The role of land title records in modern American conveyancing, ... likewise appear in the land title records with valid titles. ...
www.murdoch.edu.au/elaw/.../thomas42.html -
'The rights of the persons and property of the inhabitants of the territory .... All valid titles to land within the other territories ceded to the United ...
ftp.resource.org/courts.gov/c/US/68/68.US.412.html
Peer comment(s):

agree CristianaC : I think valid title is enough
19 hrs
Thanks. Maybe it is enough, but since they specified it in French, I would also do it in English.
Something went wrong...
6 hrs

good-root, valid muniments of unextinguished title

Muniments on the Brit. Isles refer to land whereas, in the US, they may refer to personal property, such as chattels.

Conversely, deeds in the US usually refer to land - not so in other Eng-speaking countries.

Good root of title: in E&W, 1. normally proof of such which is no more than 15 years back in time vs. Ireland where it can be 20-40 years' old 2. showing a continuous chain of ownership and 3. containing nothing to cast doubt on the title.


Example sentence:

Muniments: documents such as deeds or titles proving ownership of property www.yourdictionary.com/business/muniments-of-title

In Ireland a vendor has to produce {usually a conveyance for value but some other instruments qualify also) en.wikipedia.org/wiki/Deeds_registration

Peer comment(s):

neutral AllegroTrans : Is root of title a concept of French property law? Your translation seems very slanted towards common law, which could cause confusion to its reader, since this is neither US or the Brit. Isles but France
10 hrs
good root is a deep-structure meaning - you will know the school of linguistics referred to - and incorporates the idea both of regularity of the 'titles' and time-unbarred.
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