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Valeurs compt. éléments actif cédés
Sep 12, 2015 16:47
8 yrs ago
52 viewers *
français term

es qualité de

français vers anglais Droit / Brevets Droit (général) Assignation (Summons)
I am aware that "es qualité de" normally means "in the capacity of", but its use in this context is confusing me.
In the summons I am translating, it says:

"Monsieur X s'interdit, au profit et en faveur de la parcelle vendue, ce accepté par Monsieur Y, es qualité d'élever ou laisser élever des constructions ....

I would expect a noun after es qualities, so don't quite know how to handle this.

So far I have:

“Mr. X shall refrain from, for the benefit and in the interests of the plot sold, this being accepted by Mr. Y, [????] building or allowing the building of constructions..."

Any ideas welcome! I could just leave it out, but am a bit wary of this in a legal document.
Proposed translations (anglais)
4 +5 in his/her professional capacity
3 ex officio

Discussion

Nikki Scott-Despaigne Sep 13, 2015:
OK For glossary purposes
AllegroTrans Sep 12, 2015:
Yes Nikki you should post your suggestion as an answer
writeaway Sep 12, 2015:
Agree with Nikki's advice It's no more complicated than that.
Anne Bitton (asker) Sep 12, 2015:
Thanks Nikki, that is looking better now.
Nikki Scott-Despaigne Sep 12, 2015:
Yes. When "ès qualité" is used in reference to someone, here Mr X, without actually specifying the profession, we are at a loss to render this expression in English as it begs the question "yes, but as what?". In fact, it simply means that Mr X's quality has already been indicated. It boils down to :

"Mr X, acting in his professional capacity, shall refrain from...."

So when you wanna say what, then inserting "professional" usually does the trick.

Comment. Try "building or allowing the construction of buildings..."
Tony M Sep 12, 2015:
The exact translation solution required... ...is going to depend on just who Mr X and Mr Y are, and what the business relationship between them is...?
AbrahamS Sep 12, 2015:
Yes, but the "es qualité" is related to M. X, not M. Y.
Anne Bitton (asker) Sep 12, 2015:
OK. So maybe: “Mr. HENRY shall refrain, for the benefit and in the interests of the plot sold, this being accepted by Mr. PIROY in his official capacity, from building or allowing the building of constructions ....
Tony M Sep 12, 2015:
Term search Please see at least one earlier entry where this kind of usage was discussed.

I think you may be confusing yourself by your incorrect parsing: here, it isn't 'ès qualité de' but simply 'ès qualité' — the 'de [+ infinitive]' belongs with the preceding "s'interdit..."

Proposed translations

+5
16 heures
français term (edited): es qualité [de]
Selected

in his/her professional capacity

If the profession, role or function of the "qualité" has been referred to, or is otherwise clear from the context, in French, the locution "ès qualité" can be used on its own as is the case here. One way to render this in English is to add the word "professional" thus, "in his/her professional capacity".
Peer comment(s):
agree Tony M : I think this is almost exactly the same answer as I gave to a previous question, if Asker had tried a term search before posting!
14 minutes
Ah, excuses for duplication therefore. Sometimes the term search requires accessing the content of each potential match.
agree Yvonne Gallagher : boilerplate I'd have thought
2 heures
agree ACOZ (X)
17 heures
agree B D Finch
1 jour 8 heures
agree Jeffrey Henson
1 jour 22 heures
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks Nikki. "
16 heures

ex officio

I think the original has missed out an accent - 'es qualité' should be 'ès qualité', which could then be translated by the latin term 'ex officio'.
See a use of this at:
https://www.google.com/search?q=ce accepté par Monsieur Y, e...
Click on the second item on the list and you find the text:'qui est accepté pour ladite société par M. Y…, ès qualité .'
i.e.with an accent on the 'es'.

Legal definition of 'ex officio'
1.legal-dictionary.thefreedictionary.com)
Ex Officio. [Latin, From office.]' By virtue of the characteristics inherent in the holding of a particular office without the need of specific authorization or appointment'

2.www.businessdictionary.com
' Holding a position or membership due to the power or influence of one's office, and not by election or appointment.'
Peer comment(s):
neutral Tony M : This only works for certain specific contexts — i.e. where the person actually holds some official role; this is not obviously the case in the current context.
7 minutes
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