Faculdade de haver do Poder desapropriante

14:55 Feb 10, 2014 

Dear Martin,

Thank you for your input. I found it very helpful.

Douglas

09:33 Feb 10, 2014 

Hi Douglas. I agree that it seems strange that the lessee should receive compensation from the expropriating body if the property is expropriated. However, this contract is no doubt drawn up by the lessor, who is limiting his damage. He has no further obligations to the lessee if the property is expropriated, and the lessee cannot expect any compensation from him, but only from the public body.

Yes, expropriation by a public authority (town hall, state or federal governments) is provided for under Brazilian legislation, if it serves the public interest and in some other cases.

02:53 Feb 10, 2014 

Dear Ana,

Thank you for your input and the link. I agree that the phrasing is more complicated than it has to be. In looking at the name of the electronic file containing the lease, it appears to be a draft. I believe I will insert an explanatory not to the client outlining the concerns I have about this particular clause.

Obrigadíssimo e tenha uma boa noite!

Douglas

02:40 Feb 10, 2014 

Dear Douglas,

Unfortunately this is far from my comfort zone but I'll give you my two cents on the matter. I think you're right about the government assuming ownership of the property, in that case yes the lessee doesn't sounds as good but, as a Portuguese citizen, the sentence you're translating was made too complex for its simple meaning so it ends up being confusing. Also the first sentence of "in the event..", sounds right to me.

I found this PDF with some information regarding dispossession and property laws:
http://www.aspenpublishers.com/\AspenUI\SampleChaptersPDF\62...

I do hope it helps!

Best regards,

Ana

02:29 Feb 10, 2014 

Thank you Ana! For "no caso de desapropriação do imóvel locado," I was thinking of using "in the event of expropriation of the leased property." This seems to reflect a case in which the government may assume ownership of a private property for the public good, such as in the need to build a needed highway through the area. In the US that is usually called the "right of eminent domain." The owner "lessor or landlord" is usually compensated for the value of the property. It almost seems like putting the "lessee" here is a mistake. Do you think that "expropriation" or "dispossession" should be used? Usually, the landlord has the right of dispossession, i.e., can order a tenant to vacate. Let me know your thoughts.

Sincerely,

Douglas

02:16 Feb 10, 2014 

I think your guess is accurate, with the tenant/lessee having the said "poder desapropriante" which can maybe be translated into "dispossession power" or "the power of dispossession"