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le jugement ne sera pas susceptible d'opposition et sans caution
à même sa lisière sur la desserte

Glossary entry

French term or phrase:

en restituant le double

English translation:

by repaying twice the amount

Added to glossary by Adrian MM.
Jul 31, 2019 14:00
4 yrs ago
5 viewers *
French term

en restituant le double

French to English Law/Patents Real Estate compromis de vente
I don't see what the word double relates to here.

Here is the whole paragraph:
En aucun cas, cette somme ne peut être considérée comme un versement d’arrhes tel que prévu par les dispositions de l’article 1590 du Code civil permettant aux parties de se départir de leur engagement, l’ACQUEREUR en s’en dessaisissant et le VENDEUR en en restituant le double.

Possible translation:
Under no circumstances shall this amount be considered as the payment of a deposit as laid down in the provisions of article 1590 of the French civil code allowing the parties to abandon their undertaking, the BUYER by relinquishing it and the VENDOR by returning double (this amount).

Thanks
Kevin
Proposed translations (English)
4 +3 by repaying twice the amount (as a forfeit)
Change log

Aug 5, 2019 07:08: Adrian MM. Created KOG entry

Discussion

Ph_B (X) Jul 31, 2019:
For information There's no rule (in France, anyway) that says you must make a deposit when you buy a property (assuming this is what we're talking of here). It is usual, as Tony M says, but it is by no means compulsory. Note that article 1590 starts with Si...> Si la promesse de vendre a été faite avec des arrhes.... See also here: https://www.service-public.fr/particuliers/vosdroits/F2965 where peut, as opposed to e.g. doit/tenu de, is used under Versement des arrhes. Incidentally, the same applies to the so-called "10% rule" (I've never paid more than 5%). This is just for information; as philgoddard says, it's not relevant to the translation itself, but I wonder what they mean by cette somme: some sort of downpayment that is legally different from arrhes?
kevin furber (asker) Jul 31, 2019:
Thank you very much for these useful comments. I did guess this was the right meaning, but this gives me more confidence.
philgoddard Jul 31, 2019:
I agree with Tony. Here is the article:

http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle...

I don't think the reason for waiving this provision is relevant to the translation.

Your translation could be a little more concise - "This amount shall not be considered as a deposit under article 1590 of the civil code".
Zeineb Nalouti Jul 31, 2019:
@asker

Maybe it is , "le double" of something as generally used in French; ex. le double des clés ou le double d'un contrat.. IMO
Tony M Jul 31, 2019:
@ Asker First of all, note 'peut' — it's not 'shall' but rather 'may'.

That's right, if the VENDOR pulls out, they have to not only return the BUYER's deposit, but also the same amount again by way of damages. In the BUYER's case, perhaps not so much 'relinquishing' as 'forfeiting'?
The only bit I don't understand is why in this particular case, the usual rules seem NOT to apply...??!

Proposed translations

+3
1 day 31 mins
French term (edited): en restituant le double (le montant d’arrhes)
Selected

by repaying twice the amount (as a forfeit)

permettant aux parties de se départir de leur engagement > the parties to abandon (opt out of) their undertaking...

I have perused, rather than pursued, the discussion entries.

Tony's query about 'disapplying' the usual rules may be down to French VAT judged payable on the acquirer's (buyer's or transferee's) 'faculté de dédit liée aux arrhes' (e.g. call the arrhes by any other name and dodge the statutory rule by referring just to 'double le versement').

As to this right of forfeiture, see the first example sentence).

This question also rings loud Roman law civil-law bells in Spanish with 'arras penitenciales' being translatable as a 'cancellation fee'. Rather, do not spell out as twice the earnest money payable as a seller's cancellation fee or penalty.

BTW; an Articled Clerks/Trainee Solictors' / Lawyers' Partner at my City of London law firm in the 1970s had been called Robert 'Bobbie' Furber, a name I have otherwise come across in the legal prof. only....

--------------------------------------------------
Note added at 1 day 4 hrs (2019-08-01 18:02:16 GMT)
--------------------------------------------------

Here's more info. on your namesake - who had been a notable golfer and jazz pianist besides. Coincidentally, my youngest brother - at my bidding - took English & French Law at King's College, London Uni. or - as the Daily Mail Online is wont to write: 'King's University'.

www.telegraph.co.uk/obituaries/2016/09/09/bobby-furber-lawy...
Example sentence:

la définition de la notion d’arrhes est susceptible de varier d’un État membre à l’autre et, d’autre part, que l’exercice de la *faculté de dédit liée aux arrhes* peut entraîner des conséquences différentes en fonction du droit national

Reference:

http://www.proz.com/kudoz/french-to-english/business-commerce-general/3414655-arrhes-ou-acompte.html

http://eng.proz.com/kudoz/spanish-to-english/bus-financial/308633-arras-penitenciales.html

Note from asker:
I don't know Bobbie Furber, but maybe I have links to the legal profession I wasn't aware of. I'll try and look into it! I did a law degree myself, but spent most of my time learning French and later French law.
Wow, this article really is revealing. My father's name is Frank, the same as Bobby's real name, and he has very strong links with Whitchurch, Shropshire. I myself am keen on sport and jazz but not as talented as Bobby obviously was. Thanks again Adrian for this interesting info!
Peer comment(s):
agree Tony M
11 mins
Thanks and merci, Tony. I would never have thought VAT came into the equation for a deposit forfeited twice, but I can 'see' the French Council of State's punishing logic.
agree Francois Boye
8 hrs
Merci and thanks.
agree AllegroTrans : I always wondered about this "double" punishment having translated this term several times in property sale contracts
2 days 11 hrs
Thanks. Well, as in the Spanish 'penitentiary' version, look upon the doubling as a cancellation fee.
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4 KudoZ points awarded for this answer. Comment: "Thanks again, well-worded translation"
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