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
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
Proposed translations
(English)
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.
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
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Merci.
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agree |
Yvonne Gallagher
13 days
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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
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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
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neutral |
Daryo
: it's far from obvious that "la constituante" must be a female.
9 hrs
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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
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+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
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It's both, see my comment to Eliza
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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
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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
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agree |
Yvonne Gallagher
: amazing how the same message can be delivered in a succinct, rather than convoluted, way LOL
12 days
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Thanks, the FR isn't at all convoluted so I see no need whatever for the EN to be
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Discussion
"la constituante" could simply be an abbreviation for "la partie constituante" - which would apply to anyone with legal capacity - male, female, any corporate entity ...