à la libre disposition

English translation: to the free disposition [or transfer]

14:32 Jul 3, 2019

French to English translations [PRO]
Bus/Financial - Finance (general) / Loan Agreement

French term or phrase: à la libre disposition

The translation of this term is not so much my problem ("at the free disposal of" seems fairly standard); but I'm wondering if I'm missing something in the parsing of the entire following statement? To me, it seems to be a "run-on" statement, lacking a comma? This is part of a section of the Loan Agreement for a building entitled "Déclarations et garanties relatives à l'immeuble". Any help with the sentence would be appreciated.

"L’Immeuble est libre de tout obstacle ou restriction d’ordre légal ou contractuel à la libre disposition de l’Immeuble par suite, notamment, d’action en révocation, rescision, résolution, rétrocession ou revendication et ne fait l’objet d’aucune mesure préalable à cet égard"

Timothy Rake KudoZ activity Questions: 291 (5 open) (14 without valid answers) (16 closed without grading) Answers: 769 United States
Local time: 00:17

English translation:to the free disposition [or transfer]

Explanation:
"A disposition is an act of getting rid of an asset or security through a direct sale or some other transfer method."
https://www.investopedia.com/terms/d/disposition.asp

"Transfer" is a synonym. Like disposition, it means selling, giving away, trading, leaving in a will, etc. -- any possible way of ceding title in the building to someone else. (Note that "disposal" is NOT a synonym of this -- which is why Gilou didn't find any hits on that, as he commented below Daryo's proposed answer).

Selected response from:

Eliza Hall
United States
Local time: 03:17

Grading comment

4 KudoZ points were awarded for this answer

Summary of answers provided

4 +3

[free of any obstacle or restriction ...] to the unimpeded disposal of the Building

Daryo

to the free disposition [or transfer]

Eliza Hall

3 +1

to the free use

Nicolas Gambardella

obstacle to ... restriction on

YESHWANT UMRALKAR

Discussion entries: 4

Eliza Hall

United States

Updating... title transfer

16:20 Jul 5, 2019

I must not have been operating on enough sleep when I posted my agreement with disposition = use. It doesn't mean use. It means disposition, i.e. transfer, of title in the building.

This contract provision warrants that the building is free of any obstacle or legal restriction on the free transfer of the property, such as... (list of various types of obstacles).

Daryo

United Kingdom

Can't see anything wrong

22:22 Jul 3, 2019

with this sentence + it's a rather short and simple one, compared to some sentences that run on a page or two of the printed document, with endless sub- and sub-sub-clauses ...

Eliza Hall

United States

@ Adrian re "one right answer"

21:32 Jul 3, 2019

Dworkin of course wasn't talking about the answer to questions of what terminology to use, and in any case his theory rightly has plenty of critics.

Overview: https://en.wikipedia.org/wiki/Ronald_Dworkin#The_right_answe...

Article by UK jurist David Kerr (professor of law at U Glasgow): "Is there always only ‘one right answer’ in law? A consideration of Professor Ronald Dworkin’s denial of judicial discretion from a United Kingdom, and in particular a Scottish, juristic perspective"
https://www.academia.edu/1786422/Is_there_always_only_one_ri...

Eliza Hall

United States

19:54 Jul 3, 2019

The sentence is well written for what it is, namely legalese. It also doesn't strike me as "run-on" by comparison to even a normal, non-legal French sentence (read Proust if you want to know how long a sentence can be!).

In English legalese we wouldn't have to repeat "Immeuble," because we would just say "...the free [or 'untrammeled'] use thereof." But French legalese requires repetition here in order to achieve the bulletproof clarity that is needed in contract law.

The "notamment" bit just lists a few examples of legal or contractual issues that could pose an obstacle to the free use of a building, and which this contract is warranting do not exist with respect to this building.

Answers

32 mins confidence:

peer agreement (net): +1

to the free use

Explanation:
I know that "at the free disposal of" is widely found around. However, I think it is a "faux-ami". Here, "libre disposition" means that the building can be freely used. Your source sentence (fairly badly written, with duplication of "immeuble") means:

The free use of the building is not encumbered by any hindrance or restriction, legal or contractual, resulting from - in particular - [...]

Nicolas Gambardella
United Kingdom
Local time: 08:17
Native speaker of:

French
PRO pts in category: 4

Notes to answerer

Asker: Nicolas, this is very helpful...and yes, I agree the sentence seems to be poorly written in my opinion, too.

48 mins confidence:

obstacle to ... restriction on

Explanation:
Here the obstacles or restrictions (you may opt for any equivalent terms) would have affected the free disposal ....

In view of the two different prepositions (obstacle to, restriction on), the sentence would have to be rephrased

YESHWANT UMRALKAR
India
Local time: 12:47
Native speaker of:

English

7 hrs confidence:

peer agreement (net): +3

[libre de tout obstacle ou restriction ...] à la libre disposition de l’Immeuble [free of any obstacle or restriction ...] to the unimpeded disposal of the Building

Explanation:
HERE "libre disposition" means "free to sell the building" without any obstacle or restriction getting in the way.

REALITY CHECK or if your prefer "context":

1- this is part of a loan agreement
2- the clause is about "Déclarations et garanties relatives à l'immeuble"
= "les garanties" is about the Borrower giving a guaranty to the Lender that "the Building" has a real value as collateral for the loan, part of which is that IF NEEDED (like in case the Borrower has defaulted on the loan) the building can be "disposed of" without any further ado - i.e. that no third parties will come our of the woodwork claiming some rights to the building and preventing the sale of the Building used as collateral.

Démonstration par l'absurde:

1) The Lender couldn't care less what the building will be used for - what a Lender wants to be sure of is that the collateral (here "the Building") can be disposed of / sold if needed;

2) "action en révocation, rescision, résolution, rétrocession ou revendication" are all about ownership of the Building, have not much to do with what the Building would be used for.

--------------------------------------------------
Note added at 1 day 2 hrs (2019-07-04 17:21:41 GMT)
--------------------------------------------------

another variant:

[free of any obstacle to or restriction on ...] freely disposing of the Building
or
[free of any obstacles to or restrictions on ...] freely disposing of the Building

Daryo
United Kingdom
Local time: 08:17
Specializes in field
Native speaker of:

Serbian,

French
PRO pts in category: 195

Peer comments on this answer (and responses from the answerer)

agree

Adrian MM.: Yes, I see now: but it's fetter or restraint *on* http://www.cours-de-droit.net/droit-des-biens-c27647638

9 mins

-> I wasn't 100% happy with "unimpeded" - unfettered / unrestrained / is better. Thanks!

agree

B D Finch: I agree with your interpretation of the effect of the context. Yes, a pair of commas would have helped, but lawyers seem to be afraid of commas.

47 mins

-> in fact most laws about "libre disposition" d'immeubles are about "disposing of them" - selling them, giving them away etc. Thanks!

agree

Ph_B (X): "Disposer... faire sortir un bien, un droit ou une valeur, du patrimoine de celui ou de ceux qui en sont les propriétaires, pour le transférer dans le patrimoine d'une ou plusieurs autres personnes..." (Braudo)/Change to "disposition" as per E's answer.

6 hrs

-> yes, here it's THAT meaning. "disposer" is a shifty customer, not easy to corner. Merci!

neutral

YESHWANT UMRALKAR: I believe 'restriction on' would be grammatically more appropriate than 'restriction to', that is why the sentence best be repharased

10 hrs

-> I'm sure that once the general direction chosen is the right one, Asker will be perfectly capable of any fine tuning that might be needed, like: "obstacle(s) to and restriction(s) on ..."

agree

Michael Confais (X)

15 hrs

-> Thanks!

disagree

GILLES MEUNIER: to the unimpeded disposal = 0 hit

1 day 9 hrs

-> logic of MT, unsurprisingly ...

neutral

Eliza Hall: Right concept, wrong word (it should be disposition, not disposal). https://www.investopedia.com/terms/d/disposition.asp

1 day 18 hrs

-> have seen may times "disposal" (just "disposal") used in this way - can't be bothered to go digging now for samples.

2 days 1 hr confidence:

to the free disposition [or transfer]

Eliza Hall
United States
Local time: 03:17
Works in field
Native speaker of: English
PRO pts in category: 12

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à la libre disposition

English translation: to the free disposition [or transfer]

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English translation: to the free disposition [or transfer]

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