This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
interface déportée
à ciel de gaz

Glossary entry

French term or phrase:

sans recours contre

English translation:

without any right of redress against

Added to glossary by Adrian MM.
Apr 24, 2019 14:18
5 yrs ago
31 viewers *
French term

sans recours contre

French to English Bus/Financial Law (general) Buying/selling land
Hi all, I'm not sure about 'recours' in the context below. Does it mean 'without bringing legal action against...' or is it simply 'without an appeal to...'.Thanks for any help.

Il est ici indiqué que le terrain objet des présentes est actuellement classé inconstructible, ce dont le BENEFICIAIRE déclare être parfaitement informé.
Il déclare vouloir faire son affaire personnelle du reclassement du terrain en zone constructible le tout sans recours ni contre le PROMETTANT ni le Notaire soussigne.

It is herein stated that the land covered by this agreement is currently classed as non-buildable, a fact of which the PURCHASER states he is perfectly aware.
He states that he wants to personally arrange for the change of classification of the land into a buildable area, without any legal action against either the SELLER or the undersigned NOTARY.
Thanks again!
Proposed translations (English)
4 +4 without any (right of legal) redress against
3 +1 and forgoes the right to any recourse/remedy against
Change log

Apr 29, 2019 09:00: Adrian MM. Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): Yvonne Gallagher, Angus Stewart

When entering new questions, KudoZ askers are given an opportunity* to classify the difficulty of their questions as 'easy' or 'pro'. If you feel a question marked 'easy' should actually be marked 'pro', and if you have earned more than 20 KudoZ points, you can click the "Vote PRO" button to recommend that change.

How to tell the difference between "easy" and "pro" questions:

An easy question is one that any bilingual person would be able to answer correctly. (Or in the case of monolingual questions, an easy question is one that any native speaker of the language would be able to answer correctly.)

A pro question is anything else... in other words, any question that requires knowledge or skills that are specialized (even slightly).

Another way to think of the difficulty levels is this: an easy question is one that deals with everyday conversation. A pro question is anything else.

When deciding between easy and pro, err on the side of pro. Most questions will be pro.

* Note: non-member askers are not given the option of entering 'pro' questions; the only way for their questions to be classified as 'pro' is for a ProZ.com member or members to re-classify it.

Discussion

Daryo Apr 27, 2019:
Agree with mpoma It's about "putting right some wrongs" it's not necessarily about getting some money back, it could be anything else like forcing a neighbor to stop being a nuisance, claiming back some goods, or some IP rights or ....

Good example showing that dictionaries and glossaries are of not much use unless you already have at least some solid foundation knowledge of legal concepts.
Mpoma Apr 25, 2019:
@MeridyL "Recours contre X" is not specific in the way you're saying. I wonder what legal dictionaries these are?! Check the archives here. Check Bridge (legal dictionary). Also it is clear from the French that this is about "reclassement" of a plot of land, not recovering cash...
Meridy Lippoldt Apr 25, 2019:
More than legal recourse According to the legal dictionaries on hand, "recours contre qqun" is to bring legal proceedings against someone with a view to recovering the right to the monies paid as a consideration for the property. My French-English dictionary sums it up this way: "bring prioceedings against another to recover what one has paid on his behalf". This is not quite the same as seeking legal remedy against. a third party.
Christine Birch (asker) Apr 24, 2019:
Thanks Tony. I think I'll put "with no recourse against either the SELLER or the undersigned NOTARY". I hope that means that the purchaser, having decided to apply for change of land status personally, will not be able to make a claim against either the seller or the notary if he is unsuccessful. I have to return it in about half an hour! Thanks again for your help.
Christine Birch (asker) Apr 24, 2019:
Hi AllegroTrans! Yes, I don't usually do legal (I specialise in financial translation) but I took this 'short' piece on without realising exactly how 'legal' it was! I'm usually more wary.
AllegroTrans Apr 24, 2019:
Asker To translate legal text, you really need to immerse yourself in English legallingo and to get hold of an up to date and reliable legal dictionary/terminology. It's not work for the faint-hearted and you would do well to attend some form of specialist course if you don't already have legal training
Tony M Apr 24, 2019:
@ Asker This is a bog-standard phrase in this sort of document, and in vernacular language, it basically just means "without having any come-back on..." in the event of anything's not being right.
Of course you'll need to couch that in appropriate legal language!
philgoddard Apr 24, 2019:
My first thought was "without the assistance of", with "recours" meaning "use". But then it should be "à", not "contre", shouldn't it? Could it be a mistake in the French?

Proposed translations

+4
3 hrs
Selected

without any (right of legal) redress against

The parties are Purchaser and Vendor vs. Buyer and Seller (the new E&W Law Society Standard vs. the ex-National Conds. of Sale of Land), plus IMO the asker has got them the right way round for a 'Preliminary Agreement to Buy and Sell':

Le Bénéficiaire > Grantee of the Option to Buy, so the Prospective Buyer vs. Le Promettant > Grantor thereof, so the Prospective Seller and see the first web ref. of Promettant-Acheteur that reverses the scenario.

Note UK conveyancing of land practice (e.g. registration of Options to Buy or previosuly (20 years ago) to Purchase as registrable Estate Contracts)

Otherwise, routine callers for references for redress ought to be familiar with the term anyway.
Reference:

http://eng.proz.com/kudoz/french-to-english/law-contracts/3063641-promettant-acheteur.html

http://legal-dictionary.thefreedictionary.com/legal+redress

Peer comment(s):
agree Tony M : "That's the way to do it!"
8 mins
Thanks, Tony - also for using my 'bog-standard' and 'vernacular' favourite words..
agree Mpoma : yes, "right of redress" is nice. I just think (as I said) that the French expression is more elliptical than you'd normally get in EN.
15 mins
'No redress' - also elliptical as it is in ENG - is stock legal & insurance www.definitions.net/definition/redress as used by one of my prof. musician-cum-street busker brothers who had taken A-level ENG law & complains about his music students' no-show.
agree AllegroTrans : yep
2 hrs
Thank you for your canny endorsement vs. indorsement.
agree B D Finch
15 hrs
Thank you for your impartial agreement.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks very much. Most helpful explanation :-)"
+1
1 hr

and forgoes the right to any recourse/remedy against

This seems straightforward, and there are a million ways to put it (well, a lot).

The French expression is rather absurdly elliptic though, to my way of thinking, and there is no harm spelling it out when you put it in English.


--------------------------------------------------
Note added at 3 hrs (2019-04-24 17:34:16 GMT)
--------------------------------------------------

whoops! "elliptical"... !
Peer comment(s):
agree Ben Gaia
1 hr
Thanks
neutral AllegroTrans : "forgoes" (even if implied) is over-translation
4 hrs
Really? Even the FR finds it has to put "le tout" to make the subclause less "bald". I defer to Adrian MM's expertise however.
neutral B D Finch : Better not to insert "forgoes", because that could imply that there was a right to redress in the first place, which the seller and their notary would probably argue that there had not been.
18 hrs
I'm probably flogging a dead horse. That possibility is addressed through use of "any" but it should have been "any right"...
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search