Glossary entry (derived from question below)
French term or phrase:
ayants droit à titre universel ou particulier
English translation:
successors and assigns in whole or in part
Added to glossary by
B D Finch
Apr 18, 2008 20:08
16 yrs ago
55 viewers *
French term
ayants droit à titre universel ou particulier
French to English
Law/Patents
Law: Contract(s)
"La présente convention s'applique de plein droit et sans notification aux successeurs et ayants droit à titre universel ou particulier des parties." This is in a contract where both parties are companies and so I am unsure of the meaning of "a titre universel et particulier" here (especially given that they are companies). My research points to specific and residual legacies but I am not sure if this is the meaning. thanks for any help.
Proposed translations
(English)
Change log
Apr 29, 2008 12:57: B D Finch Created KOG entry
Proposed translations
+1
12 hrs
Selected
successors and assigns in whole or in part
My suggestion is made in defence of plain English.
"This Agreement may be assigned by Buyers to any successor **in whole or in part** to their respective interests in the Company. 4.5 Governing Law. ..."
sec.edgar-online.com/1996/06/27/00/0000950103-96-000962/Section33.asp
"In addition, GTI has the right to assign this Agreement to any purchaser, or successor, **in whole or in part** of its business. Provided Company has given GTI ..."
www.secinfo.com/drTA7.83p.d.htm
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Note added at 1 day12 hrs (2008-04-20 08:49:47 GMT)
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In this case, the appropriate translation should be a fairly standard phrase used in legal documents that matches as closely as possible the idea of the source text. If such a standard phrase is not available, then a translator's note should be given. Happily, this seems unecessary in the present case.
No, I was not influenced by Tom Thumb's answer (see his/her comment above). (I believe that one should only answer questions that already have several answers proposed if one considers the previous proposals inadequate, or if the type of question is one that calls for creative suggestions and one has an idea that seems at least as good as the ones already proposed. )
"This Agreement may be assigned by Buyers to any successor **in whole or in part** to their respective interests in the Company. 4.5 Governing Law. ..."
sec.edgar-online.com/1996/06/27/00/0000950103-96-000962/Section33.asp
"In addition, GTI has the right to assign this Agreement to any purchaser, or successor, **in whole or in part** of its business. Provided Company has given GTI ..."
www.secinfo.com/drTA7.83p.d.htm
--------------------------------------------------
Note added at 1 day12 hrs (2008-04-20 08:49:47 GMT)
--------------------------------------------------
In this case, the appropriate translation should be a fairly standard phrase used in legal documents that matches as closely as possible the idea of the source text. If such a standard phrase is not available, then a translator's note should be given. Happily, this seems unecessary in the present case.
No, I was not influenced by Tom Thumb's answer (see his/her comment above). (I believe that one should only answer questions that already have several answers proposed if one considers the previous proposals inadequate, or if the type of question is one that calls for creative suggestions and one has an idea that seems at least as good as the ones already proposed. )
4 KudoZ points awarded for this answer.
Comment: "thanks - a good simple answer."
-1
17 mins
Aude Sylvain
France
France
Native in French
Specializes in field
France
Also a senior lawyer - 12 years in IP
Native in: French 
Works in: English to French, French
Related KudoZ points
:
58
specific or residual legatees/beneficiaries
Harraps - Dalloz dict juridique Fr-Ang
yes, agree with specific / residual;
translation applies both to individuals and companies in my understanding
yes, agree with specific / residual;
translation applies both to individuals and companies in my understanding
Peer comment(s):
| disagree |
Rafael Wugalter (X)
: No, because "residual" means "what wasn't specifically assigned" whereas "universel" means that everything was assigned at once
19 hrs
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I understand your point, but still believe that the translation given by Harraps-Dalloz specialized dictionary may fit here...
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2 hrs
French term (edited):
successeurs et ayants droit à titre universel ou particulier
successors and assigns of the assets, wholesale or of specific parts
Specific and RESIDUARY gifts = legacies of personalty/chattels and devises of realty/land are probate which has nought to do with company succession cf. in DE Einzel- bzw. Gesamtrechtsnachfolge: a successor can take over all or part of a co.
Example sentence:
Dans le cas contraire, il doit également en informer les anciens propriétaires ou leurs ayants droit à titre universel et les inviter à choisir entre ...
Shea Butter Skincare and Ingredients wholesale from Akoma Skincare ... that actually supplies goods ordered by you and any successor to its business; ...
Peer comment(s):
| neutral |
B D Finch
: "Wholesale" is not a term that would be used, in this sense, in a legal document . Don't flatter yourself that I was "influenced" by your answer, I select my influences far more carefully.
10 hrs
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yes - lock, stock & barrel. You were obviously influenced in your answer by my explanation.
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| neutral |
Rafael Wugalter (X)
: the idea is good but I don't think that one can use "wholesale"
17 hrs
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wholesale or retail buy-out, but fair enough.
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2 hrs
successors and assigns, regardless of whether under universal or particular title
Successors and assigns is for legal entities what heirs and assigns is for human beings.
Peer comment(s):
| neutral |
Rafael Wugalter (X)
: If you're going to use this Canadian civil law terminology, it's "by universal or particular title": see arts. 100 and 2916 of the Civil Code of Quebec
17 hrs
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