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tranquillité

English translation: quiet enjoyment

19:08 Sep 2, 2015
French to English translations [PRO]
Law/Patents - Real Estate
French term or phrase: tranquillité
Swanky hotel: contract for leasing a shop on its premises:

“Le PRENEUR devra conserver un bon aspect au local. Il devra veiller à ce que la tranquillité et la bonne tenue de l’Immeuble ne soient troublées en aucune manière par son fait, ou celle de son personnel ou de ses clients et visiteurs.”

The “immeuble” in question is indeed the swanky hotel.

Just wondering whether “tranquillité” here has a specific legal translation, e.g. “quiet enjoyment”, or whether it is just literally “the tranquillity” of the hotel. “Bonne tenue” I have translated as “proper appearance”, which has a legalistic tenour to it.
Mpoma
United Kingdom
Local time: 00:40
English translation:quiet enjoyment
Explanation:
"Quiet enjoyment" is not just about noise, but I don't think "tranquillité" is either.

'In a perfect world, your neighbor’s dog would never bark, the property manager would never drop by unannounced, and requests to replace rotten wood in the stairwell or fix a faulty furnace would be honored within days. Unfortunately, nuisances like these do come up. Most of the time, they can be resolved by discussing your concerns with the landlord or management. Unresolved nuisances that interfere with your ability to enjoy your apartment or rental home, however, actually breach a real estate covenant called “right to quiet enjoyment.”'

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Note added at 1 hr (2015-09-02 20:43:42 GMT)
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I don't usually cite linguee.com as a reference, but these are blue-chip translations from the Canadian government and Eur-Lex:

http://www.linguee.fr/anglais-francais/traduction/privacy an...
Selected response from:

philgoddard
United States
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5quiet enjoyment
philgoddard
4 +3serenity; peace and quiet
Adrian MM. (X)


Discussion entries: 9





  

Answers


24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
quiet enjoyment


Explanation:
"Quiet enjoyment" is not just about noise, but I don't think "tranquillité" is either.

'In a perfect world, your neighbor’s dog would never bark, the property manager would never drop by unannounced, and requests to replace rotten wood in the stairwell or fix a faulty furnace would be honored within days. Unfortunately, nuisances like these do come up. Most of the time, they can be resolved by discussing your concerns with the landlord or management. Unresolved nuisances that interfere with your ability to enjoy your apartment or rental home, however, actually breach a real estate covenant called “right to quiet enjoyment.”'

--------------------------------------------------
Note added at 1 hr (2015-09-02 20:43:42 GMT)
--------------------------------------------------

I don't usually cite linguee.com as a reference, but these are blue-chip translations from the Canadian government and Eur-Lex:

http://www.linguee.fr/anglais-francais/traduction/privacy an...


    Reference: http://www.cleveland.com/rentals/plaindealer/index.ssf/2013/...
philgoddard
United States
Native speaker of: English
PRO pts in category: 110
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: 1 or 2 probs with this for me: 1) Linguee is good for suggestions but less so for authority, particularly with only a couple of entries from the same source. 2) "quiet enjoyment" has a specific legal sense... nothing to do with "tranquillity". 3) the "quiet enjoyment" is always enjoyed by a *party* (natural person or legal entity), not by an inanimate object...


Peer comments on this answer (and responses from the answerer)
agree  Daryo: just to make it clear to those who should know it already, you could maybe add: the resident has the obligation to insure the "quiet enjoyment" of their property by other tenants/residents of the building // and vice versa, of course ...
25 mins
agree  James A. Walsh
33 mins
neutral  polyglot45: surely it's more "peace and quiet" - after all, "tapage nocturne" is forbidden in communal buildings in France (e.g. apartment blocks
57 mins
  -> No, it's a wider concept than that - see my Linguee reference above.
agree  Chakib Roula
1 hr
agree  Jean-Claude Gouin
1 hr
neutral  Adrian MM. (X): It's the tenant who is giving this covenant.//It's not quiet enjoyment then, but quiet and peaceful use,
2 hrs
  -> Yes, the tenant is agreeing not to disrupt the other occupants' quiet enjoyment, and perhaps the neighbours' as well.
agree  Claire Morrissey
6 hrs
agree  Hazel Underwood
12 hrs
disagree  AllegroTrans: quiet enjoyment is a covenant by a landlord/lessor; this is the tenant's/lessee's undertaking to preserve the tranquility of the premises so your answer is clearly incorrect
15 hrs
neutral  Nikki Scott-Despaigne: Best to avoid "quiet enjoyment" here. Its specific legal meaning makes it an awkward fit here, in spite of its appearance. (Had "jouissance" been used in the FR rather than "tranquillité", then this suggestion woul no doubt be a good fit).
1 day 1 hr
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
serenity; peace and quiet


Explanation:
Quiet enjoyment of land (cf. a warranty of peaceful possession of goods) is well nigh a misnomer but a technical term of art connoting a

1. covenant to leave the tenant or buyer free from ouster by a better claim to possession or title (cf. garantie d'éviction www.lexinter.net/JF/garantie_d'eviction.htm). It does NOT mean freedom from din, rackets and wild parties and

2. is a covenant usually given by the landlord/lady or lessor and not by the tenant/preneur or buyer (quaere: also in France?).

PS Our conveyancing + Landlord & Tenant lecturer at the College of Law in Guildford quipped that it doesn't mean the tenant should be left under the desk quiety enjoying himself.

Also, I agree with Tony M's analysis of 'running' for bonne tenue, to wit: the answer chosen in the 1stweblink is doubtful. My own interpretation (predicated on EN ressidential and commercial leases) is 'proper upkeep'.








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Note added at 13 hrs (2015-09-03 08:55:09 GMT)
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'Serene', creative and original legal drafting means that many pleadings in the source-lingo translators will receive for consumption will be totally novel and beyond the starched compass of traditionally static legal dictionaries.

Example sentence(s):
  • Car la garantie d\'éviction garantie la jouissance paisible de l'utilisation du bien sans que son droit ne soit contesté.
  • La garantie d'éviction. Le vendeur est obligé de droit à garantir l'acquéreur de l'éviction qu'il souffre dans la totalité ou partie de l'objet .

    Reference: http://www.proz.com/kudoz/french_to_english/marketing_market...
Adrian MM. (X)
Local time: 01:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 165
Notes to answerer
Asker: thanks... yes, you've sort of summed up my doubt: "quiet enjoyment" has nothing to do with "tranquillity" in the EN sense. Which is why I was (and am) looking for proof of a specific legal usage of "tranquillité": not in any of my habitual sources, including Bridge. philgoddard points to literally inconclusive 2 entries in Linguee. I use Linguee extensively for inspiration and suggestions but not for authority on the basis of such scant evidence.


Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: You wouldn't use words like these in a contract.
33 mins
  -> Better stick to your own answer than teaching me how to draft EN contracts https://books.google.at/books?isbn=1317674812
neutral  Daryo: surely you could give few links to model contracts using these terms? I can't find any ...you would expect that for a term that's really used there should a AT LEAST few ghits, no?
8 hrs
  -> You obviously have no background or qualifications in creative legal drafting where there are no model contracts or precedents available and to follow slavishly in law finals for a fail grade.
agree  AllegroTrans: Clearly not a covenant by a landlord/lessor; creativity needed, as you say
14 hrs
  -> Thanks for the vote of confidence. It's baffling that no one else seems to have grasped the point that a tenant doesn't covenant quiet enjoyment.
agree  B D Finch: Having read your explanation and checked it out, I've changed my mind about whose answer I agree with!
20 hrs
  -> Thank you. That is very shrewd and astute of you.
agree  Nikki Scott-Despaigne
1 day 1 hr
  -> Thx and another good choice.
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