Glossary entry (derived from question below)
French term or phrase:
servitudes des droits
English translation:
guarantees full and free possession of rights
Added to glossary by
Moorhead-Mor (X)
Nov 30, 2006 18:31
17 yrs ago
7 viewers *
French term
servitudes des droits
French to English
Law/Patents
Law: Contract(s)
Contrat d'édition
This is from a publication agreement.
The whole sentence:
L'Auteur garantit à l'Editeur la jouissance entière et libre de toutes servitudes des droits cédés contre tous troubles, revendications et évictions quelconques.
This seems to be standard wording in these French contracts but I can't find any English translation of it. Has anyone come across this?
The whole sentence:
L'Auteur garantit à l'Editeur la jouissance entière et libre de toutes servitudes des droits cédés contre tous troubles, revendications et évictions quelconques.
This seems to be standard wording in these French contracts but I can't find any English translation of it. Has anyone come across this?
Proposed translations
(English)
2 | indemnifies Publisher against | Alan Tolerton |
3 +1 | all encumbraces of the rights granted | silvia karen |
3 | might something be missing? | Bourth (X) |
2 | claim(s) to rights (delegated rights) | cjohnstone |
Proposed translations
1 hr
Selected
indemnifies Publisher against
This sounds like a standard indemnity clause (though I would not expect to find any mention of "encumbrances" there - maybe shows my ignorance, - my having encountered them more in real estate!).
Not necessarily strictly equivalent, but from a native language (English) contact, at least:
"Writer hereby indemnifies Purchaser against any loss or damage (…) incurred by reason of any breach or claim of breach of the foregoing representations and warranties."
("Option & Literary Purchase Agreement," in Contracts for the Film & Television Industry [Mark Litwak], p.75)
Longer form (p.66): "Owner agrees to indemnify Purchaser against all judgments, liability, damages, penalties, losses and expense (…) which may be suffered or assumed by or obtained against Purchaser by reason of any breach or failure of any warranty or agreement herein made by Owner."
Not necessarily strictly equivalent, but from a native language (English) contact, at least:
"Writer hereby indemnifies Purchaser against any loss or damage (…) incurred by reason of any breach or claim of breach of the foregoing representations and warranties."
("Option & Literary Purchase Agreement," in Contracts for the Film & Television Industry [Mark Litwak], p.75)
Longer form (p.66): "Owner agrees to indemnify Purchaser against all judgments, liability, damages, penalties, losses and expense (…) which may be suffered or assumed by or obtained against Purchaser by reason of any breach or failure of any warranty or agreement herein made by Owner."
4 KudoZ points awarded for this answer.
Comment: "This was the closest to what I ended up using. In fact I dropped the word "servitude" and for the whole sentence put "guarantees the Publisher full and free possession of all the assigned rights against any disputes, claims or..."
Thanks everyone for your help."
1 hr
claim(s) to rights (delegated rights)
ideas
3 hrs
might something be missing?
I can't make sense of the head and tail of this sentence. What does "contre" apply to ? Now were there a "hold harmless from" in there, it would make better sense to me, but can you guarantee someone enjoyment AGAINST something??
I suspect you might be better off throwing the French out the window and gisting it along the lines of what Alan is suggesting ...
I suspect you might be better off throwing the French out the window and gisting it along the lines of what Alan is suggesting ...
Note from asker:
I know it sounds strange, but I found other examples of it on Google, i.e. www.crl-bretagne.fr/docs/Contrat%20edition.pdf?PHPSESSID=a80e61ede298ba2898c672d390c47350 |
+1
21 mins
all encumbraces of the rights granted
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Note added at 23 minute (2006-11-30 18:54:58 GMT)
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encumbrances, I meant
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Note added at 14 ore (2006-12-01 09:24:29 GMT)
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"libre de toutes servitudes" could be *free of any encumbrances/liens/claims*
it's only a suggestion
Peer comment(s):
agree |
Lara Hill-Gentile (X)
: Yes, or sometimes you simply see "full use of the rights granted".
1 min
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Thank you.
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