présence réelle, simultanée et non interrompue

19:18 Sep 10, 2023
This question was closed without grading. Reason: Answer found elsewhere

French to English translations [PRO]
Law/Patents - Law (general) / Testament
French term or phrase: présence réelle, simultanée et non interrompue
Bonsoir il s'agit d'un testament authentique et cette phrase conclut l'acte comme suit :
Le tout en la présence réelle, simultanée et non interrompue des notaires soussignés et du testateur.
Il y a peut être une expression formelle et standardisée dans ce contexte spécifique ?
Merci beaucoup pour votre aide
Lucia28
France
Local time: 03:16


Summary of answers provided
3 +1physical, simultaneous and continuous presence
Adrian MM.
4 -1(Business conducted ) in real time with all parties in attendance throughout.
Andrew Bramhall
Summary of reference entries provided
https://www.nvsos.gov/sos/licensing/notary/enotary-faqs
Jessica Noyes

Discussion entries: 7





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
physical, simultaneous and continuous presence


Explanation:
... in attendance physically, at the same time and unbroken...

Section 9 of the UK Wills Act - may not fit other English-speaking jurisdictions, so I have adapted accordingly:

'[F2(1) ] No will shall be valid unless— (a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and (b) it appears that the testator intended by his signature to give effect to the will; and (c) the signature is made or acknowledged by the testator in the presence of two or more witnesses *present at the same time*; and (d) each witness either— (i) attests and signs the will; or (ii)acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary (?).

Example sentence(s):
  • Under the 1837 Wills Act, two witnesses' signatures are required in the physical presence of the person making the will (the testator).

    Reference: http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/secti...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 359
Notes to answerer
Asker: Thank you very much


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: Yes, but "commonsense" rather than the 1837 Wills Act should be the prevailing driver of a suitable translation here, this being from France and not England; still an "authentic" translation which stays close to the source text
15 hrs

agree  Daryo: exactly - the **physical** very tangible presence is a key ingredient in this mix.
16 hrs

disagree  Andrew Bramhall: Lacks the ring of authenticity, as is so often the case with your uniquely idiosyncratic constructs;
21 hrs
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
(Business conducted ) in real time with all parties in attendance throughout.


Explanation:
My suggestion sounds authentic , rather than a mere dictionary translation of the text; with due deference yo Jessica Noyes' reference comment below.

Andrew Bramhall
United Kingdom
Local time: 02:16
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40
Notes to answerer
Asker: Thank you Andrew yes ! That sound just perfect ! However would there be another word to replace "business" ?


Peer comments on this answer (and responses from the answerer)
agree  Marion Linssen: Maybe: Notarial act recorded in real time ... (as suggested by Jessica) instead of business conducted?
5 hrs
  -> Yes indeed; 'notarial act' as you suggest ; better than ' business' or ' transaction'probably. Thanks!

disagree  AllegroTrans: I think you have unnecessarily changed the structure; I would avoid "business"; "all parties" should be avoided because the sentence says explicitly who was present ans it's wrong to fudge that; valid comments by Daryo. Ambiguous trans., think about it
8 hrs
  -> The 'business' bit in in brackets to cover the recording/logging of the notarial act, similarly 'all parties' rather than list them all; disagree with your sentence structure comment;

disagree  Daryo: In the era of teleconferencing (/ doing all sort of "meetings" by video-links) "in attendance" is ways too ambiguous and ways too much open to wrong interpretation. // Parallels between "patriotism is the last ..." and "nativism ..." = absolute b@llocks?
9 hrs
  -> Allegro's insistence on the letter of the law has long been an attempt to cover his own pusillanimity, these comments just further proof. Daryo's comment, like the quality of English used to express them, absolute b@llocks.
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Reference comments


16 mins peer agreement (net): +2
Reference: https://www.nvsos.gov/sos/licensing/notary/enotary-faqs

Reference information:
Here's an instance of it: (Seventh paragraph) "For instance, one requirement is that the recording of the notarial act performed by means of audio-video communication must be transacted in real time with an uninterrupted simultaneous audio-video feed."

Jessica Noyes
United States
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this reference comment (and responses from the reference poster)
agree  Andrew Bramhall: Yep, that rings true;
7 hrs
neutral  AllegroTrans: OK, but in the asker's text it seems the will is being executed in the notary's office, and not by telecomms
16 hrs
agree  Daryo: A very good "negative reference" - of what the term used in the ST is not.
17 hrs
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