de droit

English translation: automatic/tacit

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:de droit
English translation:automatic/tacit
Entered by: Claire Cox

15:40 Nov 27, 2006
French to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / copyright
French term or phrase: de droit
Not sure what this means in this context:

"Le consentement des titulaires de droits voisins à l’exploitation par un tiers d’une œuvre de leur catalogue est **de droit** dès lors que l’œuvre n’est pas mise à disposition du public, d’une façon ou d’une autre (physiquement ou en ligne), au cours d’une période de cinq à dix ans."

Consent is lawful?

I've just seen the existing KudoZ entry which gives "automatic". I think this might work here, but does anyone else have any thoughts on this particular context?

Many thanks!
Claire Cox
United Kingdom
Local time: 08:08
automatic/tacit
Explanation:
I feel there has to be a better word than "automatic" in this and other cases, but don't know one!

"Tacit" has that meaning also, but while something might be tacitly approved, it might also be actively refused, whereas "de droit" implies no possibility of refusal.

However, my Webster's says:

tacit ... (usual meanings) 4. (Law) happening without contract but by operation of law.

Well, if "operation of law" is "de droit", then maybe "tacit" is it.
Selected response from:

Bourth (X)
Local time: 09:08
Grading comment
Thanks Alex - I quite like tacit here, although I may rephrase the rest of the sentence (groan) to fit it in.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1de jure
writeaway
3 +1automatic/tacit
Bourth (X)
4legal
Patrice
3legally allowed
Sylvia Smith
3due by right
Enza Longo


  

Answers


18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
legally allowed


Explanation:
One possibility

Sylvia Smith
Local time: 09:08
Native speaker of: Native in EnglishEnglish
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20 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
automatic/tacit


Explanation:
I feel there has to be a better word than "automatic" in this and other cases, but don't know one!

"Tacit" has that meaning also, but while something might be tacitly approved, it might also be actively refused, whereas "de droit" implies no possibility of refusal.

However, my Webster's says:

tacit ... (usual meanings) 4. (Law) happening without contract but by operation of law.

Well, if "operation of law" is "de droit", then maybe "tacit" is it.

Bourth (X)
Local time: 09:08
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
Grading comment
Thanks Alex - I quite like tacit here, although I may rephrase the rest of the sentence (groan) to fit it in.

Peer comments on this answer (and responses from the answerer)
agree  Gina W
11 days
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52 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
due by right


Explanation:
perhaps this might work

Enza Longo
Canada
Local time: 03:08
Native speaker of: English
PRO pts in category: 12
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
de jure


Explanation:
in order to avoid the types of discussion about which English term to use, I usually use the latin, which is used very often in English legalese for 'de droit'.

http://www.dictionnaire-juridique.com/definition/de-facto-de...

Community-Based Natural Resource Management Network (CBNRM Net ...
... exclusion and inclusion rights droits d'exclusion et d'inclusion ... décentralisation decentralization; de droit de jure; de fait de facto ...
www.cbnrm.net/resources/dictionaries/english_french.html

writeaway
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40

Peer comments on this answer (and responses from the answerer)
agree  MatthewLaSon: I totally agree. Good job!
5 days
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
legal


Explanation:
this might be enough

Patrice
United States
Local time: 00:08
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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