Mar 7, 2008 10:50
16 yrs ago
31 viewers *
French term

mariés sous le régime légal

French to English Law/Patents Law: Contract(s)
Belgian Property Sale agreement
"Mariés sous le régime légal àdéfaut de contrat de mariage, régime non modifié a ce jour"

Discussion

John ANTHONY Mar 7, 2008:
Tony M: The heading of the question by fourth is: "Belgian property sale agreement"... hence the reference to Belgium :-)
Tony M Mar 7, 2008:
Yes, John, but what I mean is that there is no detail here that makes it country-specific, so there is no justification for adding 'Belgian' into the translation; if the original author didn't specify it, there is no need to add it.
John ANTHONY Mar 7, 2008:
It's a bad day... Disagree again with you, Tony, because the basic "régime légal" is different from one country to another. That is why I made the suggestion.
Tony M Mar 7, 2008:
And yes, W/A is the real expert in this field, so I think that is definitely the best answer.
Tony M Mar 7, 2008:
No, John, as W/A has pointed out, 'légal' here simply has the meaning 'statutory', and is not territory-specific, so there's no justification for over-translating by adding 'Belgian law'
Jack Dunwell (asker) Mar 7, 2008:
Thank you all very much indeed, for your energy, will, hard work, spirit of compromise, self-effacement and now I can finish the work .Thanks.
John ANTHONY Mar 7, 2008:
Yes, the writeaway answer is by far the most accurate. :-)
John ANTHONY Mar 7, 2008:
To Tony M: If you really want to be accurate, may be you should add a reference to Belgian Law: "...sous le régime légal Belge..."
Jack Dunwell (asker) Mar 7, 2008:
Is that unanimous, then, that the writeaway answer has class, accuracy, flavour and in any case is belgian?
Tony M Mar 7, 2008:
No, Zofia, the 'légal' replaces all that, the full form is not neede here.
Zofia Wislocka Mar 7, 2008:
I think some words are missing in-between.. like 'de communaute de biens acquis' for example. I have the whole formula in one of the notarial deeds I have just completed .. :)

Proposed translations

+7
57 mins
Selected

statutory matrimonial regime

IATE

[PDF]
6 EUROPEAN CONFERENCE ON FAMILY LAW “The legal protection of the ...
File Format: PDF/Adobe Acrobat - View as HTML
property as the statutory matrimonial regime, relegated the surviving spouse ...... In Greece the statutory matrimonial regime is the separation of assets ...
www.coe.int/.../family_law_and_children's_rights/confe...

[PDF]
result of a
File Format: PDF/Adobe Acrobat
statutory matrimonial regime. In some. legal systems (France and Belgium) the. matrimonial regime. ' existing at the beginning of ...
aei.pitt.edu/1467/01/commercial_reports_schlosser_C_59_79.pd
Peer comment(s):

agree cmwilliams (X) : yes, this is it
2 mins
agree Tony M : It pays to ask a legal expert!
4 mins
agree Julie Barber : well I'll go along with this as the clearest answer then! and you being a Belgian-ite
4 mins
oh-just saw it's a Belgian doc-but this isn't strictly Belgian French terminology. /fwiw I spoke French long before I even set foot in Belgium. (actually the same goes for Dutch). ;-)
agree John ANTHONY : Yes. Sorry I amended my own answer without looking down the page! "Communauté légale" in France.
32 mins
agree Attorney DC Bar : Yes. It's the default matrimonial regime, imposed by statute where no other regime is chosen by the spouses, and where there is no pre-nup. In the US, it would be community property in 7 states, separate property in all the rest.
36 mins
agree glorija
1 hr
agree Aude Sylvain :
1 hr
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4 KudoZ points awarded for this answer. Comment: "Thank you writeaway, a good run for anyone's money"
-2
27 mins

legally married

Not that juliebarba is wrong, but this seems a more common phrase in English. Just another option...
Peer comment(s):

disagree Tony M : No, that's quite a distortion of the actual meaning here! / No need to apologize, Irene: all input in good faith is valid!
0 min
Thanks for clarification Tony...makes more sense now. My apologies!
disagree Attorney DC Bar : "Legally married' goes to whether they're married, whereas the French goes to HOW they are married-- under which system/regime.
8 hrs
Thanks rufinus, I admit I didn't look before I leaped in here...
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6 mins

married under civil law

QUESTION : Je n’ai pas fait de contrat de mariage, ai-je un régime matrimonial ?

REPONSE : Tous les époux ont un régime matrimonial. Ils peuvent le prévoir en faisant un contrat de mariage. A défaut de contrat ils seront soumis au *régime légal* (*c’est-à-dire prévu par la loi*) : le régime de la communauté des biens réduite aux acquets.

http://www.infofemmes.com/QR/QR.html


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Note added at 9 mins (2008-03-07 11:00:01 GMT)
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or simply married under (the) law

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Note added at 54 mins (2008-03-07 11:45:19 GMT)
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Hi Fourth, I read Tony's comment and I do see what he means, although don't quite agree with this being so wrong! The above link says that if you don't have a contract, then the marriage will be subject to the law governing those issues. If you weren't happy with 'married under (the) law' then you could rephrase it as 'a marriage governed by the law' or 'the applicable laws'. In any case it doesn't distort the meaning.

" 'default' legal scheme" = the law! or the applicable law.

Fourth, your quote clearly states that this is about marriages subject to the law in the *absence* of a prenup.

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Note added at 56 mins (2008-03-07 11:47:44 GMT)
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ps: and given the context, I had understood that it was about divorce!
Peer comment(s):

agree Valerie Scaletta : yes
4 mins
thanks Valerie
disagree Tony M : No, that's quite a distortion of the actual meaning here! / Yes, but it's not about the actual marriage per se; we don't really have the same concept in EN, at least, not expressed in the same way; all UK marriages are presumed to be by default.
21 mins
Hi.I read your explanation & I see what you mean.But if you see the link above it means the marriage is subject to the law.'legal scheme' is simply a different way of putting it\you are complicating it somewhat & I had understood the meaning
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+2
35 mins

married under the standard legal scheme

These 'matromonial schemes' are to do with who owns what in the event of divorce etc.

There are various options available, but if none is specified, then the couple is assumed to be married under the 'default' legal scheme.

There are lots of ways of expressing this, I personally favour the word 'scheme', but various other terms are encountered for these 'prenuptial agreements'

Note that this has NOTHING WHATEVER to do with the fact of their being legally married or not!

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Note added at 52 mins (2008-03-07 11:43:01 GMT)
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And it isn't really a UK concept; such things tend to be taken for granted under UK law: a couple is subject to the standard, default, legal scheme of things unless they make a specific pre-nuptial contract to provide otherwise. The UK default scheme is more or less the equivalent of one of the two commonest FR schemes. We just don't tend to spell this out in the same way unless there is some special reason to.

But I repeat, it is all about 'who owns what', and nothing to do with the actual state of being legally married or not.

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Note added at 52 mins (2008-03-07 11:43:37 GMT)
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Oops.. 'matrimonial'.. sorry!

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Note added at 54 mins (2008-03-07 11:45:49 GMT)
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I should perhaps point out that the term suggested in my headword answer is not in any way the 'official' term, but more by way of an explanation. In your translation situation, I think you have to either go for a short but perhaps sybilline term, or else add an explanation, since the concept may well be unfamiliar to an English reader

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Note added at 1 hr (2008-03-07 11:53:46 GMT)
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Although my explanation is valid, Writeaway has found the correct terminology, I believe.
Peer comment(s):

agree Zofia Wislocka : Yes Tony, :) this is what I wanted to imply. /// Ofc. But Writeaway made his contribution later .. :)
9 mins
Thanks, Zofia! Though in all fairness, Writeaway has the correct answer.
agree cmwilliams (X)
12 mins
Thanks, CMW! Though in all fairness, it's Writeaway who has the correct answer.
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-2
32 mins

...under common law...

as opposed to marriage subjected to contract

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Note added at 1 hr (2008-03-07 12:16:18 GMT)
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The actual translation into BRITISH LAW is "statutory matrimonial regime", which in French is "régime de la communauté légale".
Peer comment(s):

disagree Tony M : No, that's quite a distortion of the actual meaning here! / Your later added note is correct, as per Writeaway's answer
4 mins
disagree Attorney DC Bar : There is no 'common law' in Belgium. It's an Anglo-American concept. "Droit commun" is 'ordinary law' in a civil law country. BUt that's not what the French means either. Writeaway has the right idea.
8 hrs
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