droits de séjour

English translation: right to occupy

07:49 Mar 2, 2022
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: droits de séjour
Succession. The deceased's estate includes (owned with his surviving spouse) a flat in the South of France which was mainly for letting. But it seems the lease provides that they are entitled to stay in it themselves:

"Le loyer payable en nature consiste en la mise à disposition du bailleur de droits de séjour dans son bien immobilier, ou le cas échéant dans un bien immobilier entièrement aménagé et équipé, de caractéristiques identiques à celui faisant l’objet du présent bail.
Ce loyer a été établi à la jouissance pour le bailleur d’une semaine en basse saison."

I did some searching but can't find the standard English term (if there is one). "Rights to stay"? "Staying rights"?
Mpoma
United Kingdom
Local time: 21:19
English translation:right to occupy
Explanation:
When it comes to will clauses, it seems the right term when the beneficiary is entitled to live in the premises is "right to occupy".
Selected response from:

Jonathan Ben Cavalcanti Josuá
Brazil
Local time: 17:19
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2right to occupy
Jonathan Ben Cavalcanti Josuá
4 +1occupancy right
Steve Robbie
3 +1right to stay (temporarily)
Timothy Rake
4 -1putting at landlord's disposition a licence to occupy
Daryo
3 -1right to reside
Jonathan Ben Cavalcanti Josuá


Discussion entries: 2





  

Answers


3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
right to occupy


Explanation:
When it comes to will clauses, it seems the right term when the beneficiary is entitled to live in the premises is "right to occupy".


    https://www.willcontesting.com.au/difference-life-interest-right-occupy/#:~:text=What%20is%20A%20'Right%20to,an%20added%20asset%20protection
Jonathan Ben Cavalcanti Josuá
Brazil
Local time: 17:19
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: I don't think you've quite understood the context: this expression relates to people who are alive and own a holiday flat which they are mainly using for income, renting through a rentals company, but there is a clause saying they also have a right to stay there, in this case for one week during the off season. Nothing beats reading the question properly.


Peer comments on this answer (and responses from the answerer)
agree  philgoddard: The context is not clear - the asker refers to "succession" and "the deceased", but also says they're alive. However, that's not relevant, and this is a perfectly valid answer.
1 hr

agree  Adrian MM.: licence-type rights of occupation vs. rights of sojourn or 'retention of an interest in possession' for tax-whacking purposes: https://www.fieldingsporter.co.uk/site/blog/commercial-blog/...
6 hrs

neutral  Daryo: the context was more than clear enough even without the later added information - it's only indirectly related to "a will" - it's in fact part of a rental agreement.
13 hrs

neutral  Steve Robbie: I agreed, because "occupancy right" works, but on reflection I think it will be clearer to future readers if I post that as a separate answer.
1 day 2 hrs
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
right to reside


Explanation:
This also seems to be a commonly used term alongside "right to occupy".


    https://ftof-estateplanning.co.uk/wills/what-does-right-to-reside-mean/
Jonathan Ben Cavalcanti Josuá
Brazil
Local time: 17:19
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: It's only for one week per year so I would not call that residing
12 hrs

disagree  Daryo: no - being allowed to stay ONE WEEK per year is not a "right to reside" - as confirmed by your own ref.
13 hrs
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
right to stay (temporarily)


Explanation:
Given Mpoma's note and the text itself, this seems more appropriate...or even "right to visit" which itself implies something temporary. "Right to reside" in my opinion implies a bit too much permanency.

Timothy Rake
United States
Local time: 13:19
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: (temporary) right to stay - but not "right to visit" which is ambiguous
8 hrs
  -> Thanks AllegroTrans....and I understand what you mean about "right to visit"..probably not appropriate
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17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
la mise à disposition du bailleur de droits de séjour
putting at landlord's disposition a licence to occupy


Explanation:
[Le loyer payable en nature consiste en] la mise à disposition du bailleur de droits de séjour [dans son bien immobilier, ou le cas échéant dans un bien immobilier entièrement aménagé et équipé, de caractéristiques identiques à celui faisant l’objet du présent bail.]

... putting at landlord's disposition a licence to occupy ... for one week every year ...

Daryo
United Kingdom
Local time: 21:19
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 196

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: You have totally altered the asker's text; even if you are basically on the right lines, that isn't in the rules//anyway a landlord doesn't HIMSELF a licence to occupy, in this text it is merely a condition of the lease
21 hrs
  -> "the rules"? which one? since when sticking to a sentence structure like a kid afraid of letting go of mother's skirt is more important than the intended meaning of the ST? My only doubt is about "licence to occupy" possibly being too "UK-centric".
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1 day 6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
droit de séjour
occupancy right


Explanation:
Used in connection with timeshares, etc....

In effect, the developer transfers an undivided share, a percentage interest, in the timeshare real estate. The developer divides the possessory and occupancy rights of the commonly owned timeshare property through a legal document called the ‘Declaration’.
https://ouclf.law.ox.ac.uk/optimising-your-holiday-a-proposa...

... and also more generally:

Occupancy Rights and Title
In law if you own a property then your rights as owner include the right to occupy, that is, to live in your property. The law provides that the right to live in property is given first and foremost to an owner.
https://www.drummondmiller.co.uk/news/2014/11/family-law-occ...

Obviously this is exactly the same thing as a "right to occupy", but I've posted it as a separate entry as "occupancy right(s)" fits better in the specific context.

Steve Robbie
United Kingdom
Local time: 21:19
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: yes this works and it's much better then "right to occupy"
9 hrs
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