en restituant le double

English translation: by repaying twice the amount

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:en restituant le double
English translation:by repaying twice the amount
Entered by: Adrian MM.

14:00 Jul 31, 2019
French to English translations [PRO]
Law/Patents - Real Estate / compromis de vente
French term or phrase: en restituant le double
I don't see what the word double relates to here.

Here is the whole paragraph:
En aucun cas, cette somme ne peut être considérée comme un versement d’arrhes tel que prévu par les dispositions de l’article 1590 du Code civil permettant aux parties de se départir de leur engagement, l’ACQUEREUR en s’en dessaisissant et le VENDEUR en en restituant le double.

Possible translation:
Under no circumstances shall this amount be considered as the payment of a deposit as laid down in the provisions of article 1590 of the French civil code allowing the parties to abandon their undertaking, the BUYER by relinquishing it and the VENDOR by returning double (this amount).

Thanks
Kevin
kevin furber
France
Local time: 09:32
by repaying twice the amount (as a forfeit)
Explanation:
permettant aux parties de se départir de leur engagement > the parties to abandon (opt out of) their undertaking...

I have perused, rather than pursued, the discussion entries.

Tony's query about 'disapplying' the usual rules may be down to French VAT judged payable on the acquirer's (buyer's or transferee's) 'faculté de dédit liée aux arrhes' (e.g. call the arrhes by any other name and dodge the statutory rule by referring just to 'double le versement').

As to this right of forfeiture, see the first example sentence).

This question also rings loud Roman law civil-law bells in Spanish with 'arras penitenciales' being translatable as a 'cancellation fee'. Rather, do not spell out as twice the earnest money payable as a seller's cancellation fee or penalty.

BTW; an Articled Clerks/Trainee Solictors' / Lawyers' Partner at my City of London law firm in the 1970s had been called Robert 'Bobbie' Furber, a name I have otherwise come across in the legal prof. only....

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Note added at 1 day 4 hrs (2019-08-01 18:02:16 GMT)
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Here's more info. on your namesake - who had been a notable golfer and jazz pianist besides. Coincidentally, my youngest brother - at my bidding - took English & French Law at King's College, London Uni. or - as the Daily Mail Online is wont to write: 'King's University'.

www.telegraph.co.uk/obituaries/2016/09/09/bobby-furber-lawy...
Selected response from:

Adrian MM.
Austria
Grading comment
Thanks again, well-worded translation
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3by repaying twice the amount (as a forfeit)
Adrian MM.


Discussion entries: 5





  

Answers


1 day 31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
en restituant le double (le montant d’arrhes)
by repaying twice the amount (as a forfeit)


Explanation:
permettant aux parties de se départir de leur engagement > the parties to abandon (opt out of) their undertaking...

I have perused, rather than pursued, the discussion entries.

Tony's query about 'disapplying' the usual rules may be down to French VAT judged payable on the acquirer's (buyer's or transferee's) 'faculté de dédit liée aux arrhes' (e.g. call the arrhes by any other name and dodge the statutory rule by referring just to 'double le versement').

As to this right of forfeiture, see the first example sentence).

This question also rings loud Roman law civil-law bells in Spanish with 'arras penitenciales' being translatable as a 'cancellation fee'. Rather, do not spell out as twice the earnest money payable as a seller's cancellation fee or penalty.

BTW; an Articled Clerks/Trainee Solictors' / Lawyers' Partner at my City of London law firm in the 1970s had been called Robert 'Bobbie' Furber, a name I have otherwise come across in the legal prof. only....

--------------------------------------------------
Note added at 1 day 4 hrs (2019-08-01 18:02:16 GMT)
--------------------------------------------------

Here's more info. on your namesake - who had been a notable golfer and jazz pianist besides. Coincidentally, my youngest brother - at my bidding - took English & French Law at King's College, London Uni. or - as the Daily Mail Online is wont to write: 'King's University'.

www.telegraph.co.uk/obituaries/2016/09/09/bobby-furber-lawy...

Example sentence(s):
  • la définition de la notion d’arrhes est susceptible de varier d’un État membre à l’autre et, d’autre part, que l’exercice de la *faculté de dédit liée aux arrhes* peut entraîner des conséquences différentes en fonction du droit national

    Reference: http://www.proz.com/kudoz/french-to-english/business-commerc...
    Reference: http://eng.proz.com/kudoz/spanish-to-english/bus-financial/3...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 77
Grading comment
Thanks again, well-worded translation
Notes to answerer
Asker: I don't know Bobbie Furber, but maybe I have links to the legal profession I wasn't aware of. I'll try and look into it! I did a law degree myself, but spent most of my time learning French and later French law.

Asker: Wow, this article really is revealing. My father's name is Frank, the same as Bobby's real name, and he has very strong links with Whitchurch, Shropshire. I myself am keen on sport and jazz but not as talented as Bobby obviously was. Thanks again Adrian for this interesting info!


Peer comments on this answer (and responses from the answerer)
agree  Tony M
11 mins
  -> Thanks and merci, Tony. I would never have thought VAT came into the equation for a deposit forfeited twice, but I can 'see' the French Council of State's punishing logic.

agree  Francois Boye
8 hrs
  -> Merci and thanks.

agree  AllegroTrans: I always wondered about this "double" punishment having translated this term several times in property sale contracts
2 days 11 hrs
  -> Thanks. Well, as in the Spanish 'penitentiary' version, look upon the doubling as a cancellation fee.
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