Glossary entry

French term or phrase:

partage amiable

English translation:

private family arrangement

Added to glossary by Adrian MM.
Jun 6, 2020 14:01
3 yrs ago
59 viewers *
French term

partage amiable

French to English Law/Patents Law (general) Inheritance (France)
XXX, YYY et ZZZ, héritiers de Monsieur AAA, ont décidé, suite à un partage amiable, que le véhicule de marque ____, immatriculé au nom de Monsieur AAA sous le numéro minéralogique CCC soit attribué en pleine propriété à Madame DDD

Proper legal term needed please (not guesses) and many thanks in advance. Target audience is Scandinavia, i.e. English being used as lingua franca, so I need an "internationally comprehensible" term.
Change log

Jun 27, 2020 22:33: Adrian MM. changed "Edited KOG entry" from "<a href="/profile/626010">AllegroTrans's</a> old entry - "partage amiable"" to ""private family arrangement""

Discussion

@Yvonne Oh, yes. That's a particularly good option for this case, I think. Sorry, I didn't see that one in your post.

@AllegroTrans -- Yes, it wouldn't make sense to give the tires to one family member, the crank shaft to another, etc. ;-)
AllegroTrans (asker) Jun 7, 2020:
@ Yvonne Yes, this is just about who is to get the car, XXX YYY and ZZZ are the joint statutory heirs to the moveable assets and they have decided to give the car to Mrs DDD who is the heir to the house (rather than cut it up into three parts!)
Yvonne Gallagher Jun 7, 2020:
@ Michael @ Asker If this is just about who is to get the car, rather than about the general partition of the estate, then my option of "agreement (by heirs) can be used. Something like: the heirs agree (come to an agreement) that the vehicle [...] will be allocated (in sole ownership) to Ms DDD OR the heirs agree that Ms DDD will take sole ownership of the vehicle.
Another possibility Borrowing from both Yvonne's and Karine's suggestions, perhaps a wordier and less literal option could be: amicable resolution to divide property.

Translation example:
"...have decided, subsequent to an amicable resolution to divide property..."

Or even "upon mutual agreement to divide property," from what I infer from Karine's suggestion.

Another option could be to replace divide with distribute, which is the term I see in some legal sources.

There is no particular rule that says you must use an exact two-word term to replace the one in the source text. I suppose it comes down to personal preference to some degree.

I'd personally opt for a solution that would be easiest and quickest understood by the target audience, which in many cases may require some level of elaboration or a more descriptive approach.

Proposed translations

+1
8 hrs
Selected

(ENG) Private Family Arrangement; (SVE) privat dödsbodelning resp. arvskifte

DoFa > Deed of Family Arrangement, but only if XXX, YYY et ZZZ are in fact related to each other and the split is made in a deed.

Like my UK bank manager, I am 'running scared' coming in with a completely new spin and so many experts commenting on the probate / (Scots law): letters of confirmation matter.

PS my Swedish version would also be understood in Denmark + Norway, but not necessarily Iceland or the Faroes.
Example sentence:

Deeds of family arrangement can be used in a number of circumstances: Where there are doubts about the meaning of a Will Where the beneficiaries wish to rearrange the distribution of the estate between themselves

Ett arvskifte är ett privat avtal mellan samtliga delägare i ett dödsbo > an inheritance split is a private arrangement between all coparceners of a BrE deceased's / AmE decedent's estate.

Note from asker:
Thanks: Your suggestion has the advantage of not using division/partition/split as there is already shared ownership between XXX YYY and ZZZ who are now transferring ownership of the car to one person, Mrs DDD
Many thanks and Tack så mycket
Peer comment(s):

agree Michael Grabczan-Grabowski : A Swedish reference, to boot! Impressive. ;-) // Interesting. As a side note: I personally hesitate to use the term deed to refer to certain legal instruments/documents when not specifically referring to a real estate conveyance document.
17 hrs
Thanks. I'm actually surer of arvskifte in SWE (arveskifte in NOR), as a DoFA can also go the way of a ** Variation of a Will in most ENG Common Law countries.
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4 KudoZ points awarded for this answer. Comment: "Many thanks and Tack så mycket"
+8
14 mins

amicable division

This is what I've used before

amicable division of (assets/property with the other heirs)


https://detulliolawfirm.com/blog/partition-estate/



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Note added at 56 mins (2020-06-06 14:57:54 GMT)
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or

amicable partition,
Or
settlement or agreement (by heirs) (on division or partition
https://legal-dictionary.thefreedictionary.com/partition
Note from asker:
Thanks Yvonne
Peer comment(s):

disagree Karine Gentil : this sounds like a department
37 mins
oh really....
agree Jennifer White : https://www.proz.com/kudoz/french-to-english/law-general/162... doesn't sound like a department at all!
1 hr
Many thanks:-). (Hadn't noticed there was a previous Kudoz.) Indeed, don't see how anyone could get that idea within the context
agree Michele Fauble
1 hr
Many thanks:-)
agree Daryo : "division"? sounds like an Army division ... (only joking)
5 hrs
Many thanks:-)
agree SafeTex : Can't see what else it could be
6 hrs
Many thanks:-)
agree Chris Pr : Agree... :)
7 hrs
Many thanks:-)
agree Eliza Hall : Agree with amicable partition, based on your source. "Division" could work but it's more the plain English than the legal.
10 hrs
Many thanks:-)//"Plain English?" Not as plain as what was chosen
agree Michael Grabczan-Grabowski : As per discussion.
1 day 2 hrs
agree Cyril Tollari
1 day 7 hrs
Many thanks:-)
agree Julie Barber
1 day 19 hrs
Many thanks:-)
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1 hr

mutual agreement or mutually agree to

This is the best way I found that explains in a inheritance cases to say this. All parties X. Y. and Z mutually agree to Party A wishes

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Note added at 2 hrs (2020-06-06 16:01:29 GMT)
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you can also say mutual separation
Note from asker:
Thanks Katrine, but I already know this is "mutual"; I need a legal term for partage amiable
Peer comment(s):

disagree Yvonne Gallagher : where does it mention "partage" here?//"separation" does not equate to "partage" so not at all "correct". More like 2 people agreeing to separate from each other
1 hr
Read the note that I put in Yvonne I did correct it by saying mutual separation
agree Michael Grabczan-Grabowski : Considering that the case at hand is about a mutual agreement to give a car to Mrs. DDD, I think this can work (although I would elaborate a bit more and say something like "upon mutual agreement to distribute property").
1 day 1 hr
that sounds a lot better thank you Michael
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8 hrs

agreed and amicable sharing

With respect to 'partage', about the sharing or division of assets, I believe that 'sharing' may be used more often.

Example sentence:

Ils ont dédidé suite à un partage amiable que le véhicule soit attribué en pleine propriété.

Following an amicable agreement on sharing they have decided that the vehicle should be attributed (allocated ) on full ownership.

Peer comment(s):

neutral Michael Grabczan-Grabowski : You're not wrong that it refers to an amicable sharing of sorts, but it's not a typical expression that would be used in this context. I would suggest researching English language websites or books about this topic to see what terms are commonly used.
18 hrs
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