Oct 13, 2021 15:07
2 yrs ago
36 viewers *
French term
avantage en jouissance
French to English
Law/Patents
Law (general)
SWISS French legalese.
This is a case about alleged corruption of foreign public officials.
"- L'avantage indu
Un avantage est une libéralité perçue à titre gracieux.
Cette notion est définie de manière large incluant toute amélioration objectivement mesurable de la situation du bénéficiaire (AAA, in ...).
Il peut être de nature matérielle (remise d'une somme d'argent ou d'autres valeurs patrimoniales, avantages en nature ou en jouissance, etc.) ou de nature immatérielle (avantages sociaux, promotion, soutien dans une élection, etc.) (BBB ...)."
"Benefit in kind" ... so: "benefit in enjoyment"? Nothing. "Benefit of enjoyment"? Many ghits, not much to do with law.
This is a case about alleged corruption of foreign public officials.
"- L'avantage indu
Un avantage est une libéralité perçue à titre gracieux.
Cette notion est définie de manière large incluant toute amélioration objectivement mesurable de la situation du bénéficiaire (AAA, in ...).
Il peut être de nature matérielle (remise d'une somme d'argent ou d'autres valeurs patrimoniales, avantages en nature ou en jouissance, etc.) ou de nature immatérielle (avantages sociaux, promotion, soutien dans une élection, etc.) (BBB ...)."
"Benefit in kind" ... so: "benefit in enjoyment"? Nothing. "Benefit of enjoyment"? Many ghits, not much to do with law.
Proposed translations
+1
2 hrs
Steve Robbie
United Kingdom
United Kingdom
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:
15
Selected
benefit of the enjoyment of an asset
The question is, whether there is any specific legalese for this particular turn of phrase at all. As far as I can tell, there isn't.
1) "Avantage en jouissance" doesn't seem to be a set phrase in Swiss or any other law.
2) Meanwhile, I had a look at some relevant UK legislation:
The Bribery Act simply refers to "financial and other advantages" without specifying further what that means.
https://www.legislation.gov.uk/ukpga/2010/23
The Income Tax (Earnings and Pensions Act) refers to "assets made available without transfer" https://www.legislation.gov.uk/ukpga/2003/1/section/205
The associated tax reporting form (p11D) refers to "assets placed at an employee's disposal", and general discussion of the tax issues tends to subsume it into the larger category of "benefits in kind".
So there doesn't seem to be a pithy phrase for it in the UK either - although whether the rest of the Anglosphere has a term for it, I don't know.
3) If there's no fixed phrase, any decent formulation you can think of will probably do.
"Benefit of the enjoyment of an asset" would therefore be my suggestion.
For your sentence, perhaps: "benefit in kind or through the enjoyment of an asset".
- IMO "enjoyment" on its own is viable, but reads oddly.
- "Asset" adds nothing consequential - if you can enjoy something, it must be an asset within the general sense of that word.
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Note added at 2 hrs (2021-10-13 18:00:46 GMT)
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I realise this is scarcely different to Conor's suggestion, but I think that adding "of an asset" is important if we want to write clear and natural-sounding English.
1) "Avantage en jouissance" doesn't seem to be a set phrase in Swiss or any other law.
2) Meanwhile, I had a look at some relevant UK legislation:
The Bribery Act simply refers to "financial and other advantages" without specifying further what that means.
https://www.legislation.gov.uk/ukpga/2010/23
The Income Tax (Earnings and Pensions Act) refers to "assets made available without transfer" https://www.legislation.gov.uk/ukpga/2003/1/section/205
The associated tax reporting form (p11D) refers to "assets placed at an employee's disposal", and general discussion of the tax issues tends to subsume it into the larger category of "benefits in kind".
So there doesn't seem to be a pithy phrase for it in the UK either - although whether the rest of the Anglosphere has a term for it, I don't know.
3) If there's no fixed phrase, any decent formulation you can think of will probably do.
"Benefit of the enjoyment of an asset" would therefore be my suggestion.
For your sentence, perhaps: "benefit in kind or through the enjoyment of an asset".
- IMO "enjoyment" on its own is viable, but reads oddly.
- "Asset" adds nothing consequential - if you can enjoy something, it must be an asset within the general sense of that word.
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Note added at 2 hrs (2021-10-13 18:00:46 GMT)
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I realise this is scarcely different to Conor's suggestion, but I think that adding "of an asset" is important if we want to write clear and natural-sounding English.
4 KudoZ points awarded for this answer.
Comment: "Thanks"
44 mins
Conor McAuley
France
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Related KudoZ points
:
210
benefit through enjoyment
See Bridge:
https://books.google.fr/books?id=rQAKtn-XjzIC&pg=PA175&lpg=P...
Other possibilities don't check out, like "benefit in enjoyment, "enjoyment benefit", etc.
Enjoyment is legalese for use.
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Note added at 1 hr (2021-10-13 16:18:48 GMT)
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Again, to my previous point regarding another question, Swiss French strikes me as very different to French (France) now..."avantage en jouissance" only gets four internet search matches.
Now, I realise that plenty of life still happens offline (!), but this is certainly an indication.
My answer is necessarily a workaround then, a term that I've created that will be understood by people who read legal texts.
Footnote: no mention of "jouissance" or of "en nature" in the Swiss Criminal Code in French.
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Note added at 1 hr (2021-10-13 16:20:12 GMT)
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(Note: the old version of the Code.)
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Note added at 1 hr (2021-10-13 16:22:46 GMT)
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To Mpoma: yes, this may be inappropriate, but try explaining to your partner why you've been searching for "jouissance" on your search engine of preference!
https://books.google.fr/books?id=rQAKtn-XjzIC&pg=PA175&lpg=P...
Other possibilities don't check out, like "benefit in enjoyment, "enjoyment benefit", etc.
Enjoyment is legalese for use.
--------------------------------------------------
Note added at 1 hr (2021-10-13 16:18:48 GMT)
--------------------------------------------------
Again, to my previous point regarding another question, Swiss French strikes me as very different to French (France) now..."avantage en jouissance" only gets four internet search matches.
Now, I realise that plenty of life still happens offline (!), but this is certainly an indication.
My answer is necessarily a workaround then, a term that I've created that will be understood by people who read legal texts.
Footnote: no mention of "jouissance" or of "en nature" in the Swiss Criminal Code in French.
--------------------------------------------------
Note added at 1 hr (2021-10-13 16:20:12 GMT)
--------------------------------------------------
(Note: the old version of the Code.)
--------------------------------------------------
Note added at 1 hr (2021-10-13 16:22:46 GMT)
--------------------------------------------------
To Mpoma: yes, this may be inappropriate, but try explaining to your partner why you've been searching for "jouissance" on your search engine of preference!
Note from asker:
| Ha! Another expression which may potentially be used legally, but which is effectively "masked" on the InterOuèbbe by the torrent of off-topic stuff which it spews forth. |
5 hrs
Emmanuel Mgbomeni
Nigeria
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benefit in kind or in use of property
Corruption can informally be described as the act of unfairly or illegally influencing a decision-making process through the giving or receiving of a benefit (gratification) for the person making the decision or a third party connected to the decision-maker
Reference:
https://www.proethics.co.za/wp-content/uploads/2015/02/Defining-corruption-May-2011-FINAL.pdf
6 hrs
Adrian MM.
Austria
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359
a boon or benefit enjoyed
L'avantage indu.... : undue advantage vs. undue preference of a creditor or creditors in insolvency.
benefit enjoyed would be wide enough to cover a 'beneficial entitlement' to porperty, vested or contingently in the future.
benefit enjoyed would be wide enough to cover a 'beneficial entitlement' to porperty, vested or contingently in the future.
Example sentence:
affects the nature or the implementation conditions of the operation or gives to a firm or a public body an undue advantage.
Boon: a good; a benefit enjoyed; a blessing; a great privilege; a thing to be thankful for. noun
4 days
AllegroTrans
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1355
(free) use of a thing or advantage received
Trying to get to the nub here
This might fit the definition
This might fit the definition
Discussion
I've been thinking along the lines of (illegal) inducement but that seems limited to contract law;
Illegal gains and similar is pretty much about crimes like robbery so that too does not work.
"Illegal/unlawful benefit/advantage" or "Unlawful compensation or reward" and other similar terms all produce ghits that are more or less relevant
Maybe something along those lines?
No problem, Steve. In my answer, "enjoyment...of assets" is implied, because that's simply how enjoyment works legally, in your answer, it's stated.
(Usufruct, bare ownership, that kind of thing...I won't bore you.)
For or against brevity or explicitness, you pay your money and take your choice, really!
le pot-de-vin (="l'avantage") consiste a offrir l'usage gratuit (="la jouissance de") d'un bien: logement gratuit, des vacances gratuites, des vols gratuits par avion privé, usage gratuit d'une voiture etc ...
"un avantage" = HERE a freebie given as a bribe
"en jouissance" = the ownership of whatever is given as bribe is unchanged, the recipient of the bribe gets only "the right to use" the thing, NOT "to dispose of it"
In short:
avantage en jouissance = A freebie given in the form of the free use of something.
Obviously, this needs to be rephrased in proper legalese.