Nov 26, 2019 09:55
4 yrs ago
2 viewers *
French term

obliger la constituante à leur remise

French to English Law/Patents Real Estate sale contract
Part of a sale contract for a property in Morocco, this is within a power of attorney granted to a representative to complete the sale on behalf of the owner.

Is this the representative providing the documents to the principal or him providing them to her? thanks


remettre tous titres et pièces, et obliger la constituante à leur remise

Discussion

Julie Barber (asker) Nov 27, 2019:
Hi all, yes I am positive that it is a woman; that said I will use a neutral expression in English to refer to her position - principal, grantor etc. But a good point to raise thanks
Ben Gaia Nov 27, 2019:
usage I agree with Daryo on this one, it means "la partie constituante"and may well become gender neutral in English.
Daryo Nov 26, 2019:
Are you sure that it's really a "she"?

"la constituante" could simply be an abbreviation for "la partie constituante" - which would apply to anyone with legal capacity - male, female, any corporate entity ...
Julie Barber (asker) Nov 26, 2019:
Hi Eliza, the "constituante" is the seller. She is only referred to that way in this section - a power of attorney, granting powers to a representative to complete the sale on her behalf. No, it doesn't say who he will give the deeds to. Thanks
Eliza Hall Nov 26, 2019:
Need a few additional facts Is the "constituante" the buyer or the seller? And does it indicate to whom the representative will "remettre tous titres"?

Proposed translations

+2
1 day 8 hrs
Selected

place the grantor under a duty to deliver them

The constituant(e) is the person who gave the legal power to a representative to do things on his/her behalf (in this case her behalf, but her gender doesn't matter for translation purposes). If this were a last will and testament you would translate "constituant" in a specific way (settlor, testator...), but for a power of attorney you would use the more generic grantor (person granting a legal power).

In this case the grantor of the power is the seller. In order to sell her Moroccan real estate without having to physically go there herself, she gave her representative the power to do two things --

1. remettre tous titres et pièces (deliver all titles and documents), and
2. obliger la constituante à leur remise (create a legal obligation for the grantor to deliver them).

In order to complete a sale of real estate, certain titles and documents have to be delivered by the seller (or by someone acting on the seller's behalf). This power of attorney grants the seller's representative the power to deliver any titles and documents that they could possibly deliver, and also to do anything that would place the seller under a legal duty to deliver any necessary titles and documents that she may have.

For example, in a situation where the seller is doing all this herself, her signing an agreement of sale would place her under a legal duty to provide certain documents to the buyer (random example you might see in the US: documents proving that an addition that was built on the property was done legally -- i.e. copies of the construction permits, inspection reports, etc. -- so the buyer knows that the addition is legal and was competently built).

Here, she's granting a power of attorney to her representative; that means if her representative signs the agreement of sale, then she herself -- the seller -- is now legally obligated to provide those documents to the buyer.

Peer comment(s):

agree Ph_B (X) : obliger = to bind someone to do something
37 mins
Merci.
agree Yvonne Gallagher
13 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
3 hrs

commit (or compel) the female (corporate) appointors(s) to tender delivery of such

The agent, attorney-in-fact, appointee or donee of the power is IMO giving the puchaser (La Soc. term post 1990) a UK conveyancing equivalent of a +covenant for or of further assurance+, to wit to supply hereafter and tender delivery of such docs. and deeds as are necessary to complete proof of title
Peer comment(s):

neutral AllegroTrans : "tender delivery of such" - oh dear, such convoluted lingo is clearly not necessary here, even the standard sale contract in E&W doesn't use this style
5 hrs
I still feel I have answered the asker's question and explained the scenario: Is this the representative providing the documents to the principal or him providing them to her? thanks
neutral Daryo : it's far from obvious that "la constituante" must be a female.
9 hrs
I still feel I have cracked the asker's question & explained the gender-irrelevant scenario: Is this the representative providing the documents to the principal or him providing them to her? thanks
Something went wrong...
+1
2 days 4 hrs

require the grantor to deliver them

No need to pad this out with unnecessary wording
Peer comment(s):

neutral Ph_B (X) : Just wondering: is it requiring her to do sthg (directly), or placing her (indirectly) under an obligation to do sthg?
4 mins
It's both, see my comment to Eliza
neutral Eliza Hall : What Ph_B said: the representative's action places the grantor under a legal obligation to deliver the docs.
1 day 8 mins
I think you will find that the binding nature of the requirement is contained in the Code, so my arguably weaker "require" is quite adequate
agree Yvonne Gallagher : amazing how the same message can be delivered in a succinct, rather than convoluted, way LOL
12 days
Thanks, the FR isn't at all convoluted so I see no need whatever for the EN to be
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