Sans Souci Posted February 17, 2008 Share Posted February 17, 2008 I have a literal translation of a section on my Acte de Vente, but still cannot understand what it means. En Francais, Les presentes conventions constituent des leur signature un accord definitif sur la chose et sur le prix. Elles seront reiterees au plus tard le 31 Decembre, 2007 par acte authetique par Me. XXXXX notaire a xxxxxx que les parties choisessent a cet effet d'un commun accord. La date ci-dessus mentionee n'est pas extinctive, mais constituitivedu point de depart a partie duquel l'une des partie pourra obliger l'autra a s'executer. My translation basically says The present conventions constitute by their signatures, a definite agreement about the thing and the price. They will be renewed (or reiterated) at the latest by dec 31, 2007 by the acte authentique established by XXXXX and xxxxxx who were the parties chosen to this effect by common agreement. The date above is not extinguished but constitutes a starting point by which one of the parties are obliged to take action. This is well and good but I do not understand what it means. We have a clause suspensive on the contract which has not yet been satisifed. Does the above mean that the seller/buyer have until the 31 December to intiate action to satisfy the clause suspensive, or does it mean that UNLESS the clause suspensive is satisfied by 31 December, either party can take action (change/cancel the deal). Any brilliant French legal minds out there that can assist? Link to comment Share on other sites More sharing options...
Cjlaws Posted February 17, 2008 Share Posted February 17, 2008 The clause you’vequoted is a general clause about the completion date and does not relatedirectly to to the question of the condition precedent (clause suspensive).The clause you quote sets the date forcompletion of the contract as 31 December 2007. That date does not extinguishthe contract, but marks the date from which either party can require the otherto complete (point de depart a partie duquel l'une des parties pourra obliger l'autre a s'executer)I think you’ll find that the clausesuspensive carries it’s own conditions and that they take precedence overthe remainder of the contract.Hope this helps. Link to comment Share on other sites More sharing options...
Sans Souci Posted February 17, 2008 Author Share Posted February 17, 2008 Thanks Cjlaws. It confirmed what I was thinking but wasn't sure of the nuances of French legal language.You sound comfortable with Real Estate legalities. To invoke the "requirement to complete", would I just notify the Notaire that unless the contract is completed with xx days, I will cancel. I am trying to get the sellers to recognise that there is a sense of urgency to satisfy the clause suspensive, so that we have a house to move into when we return to France next month. I don't want to create unnecessary angst amongst anyone, but I would like to i) light a fire under them; ii) do what is legally necessary to protect my rights and deposit should I find it necessary to cancel because everyone is dragging their feet. Link to comment Share on other sites More sharing options...
Cjlaws Posted February 17, 2008 Share Posted February 17, 2008 Yes I am comfortable with the legal side of real property transactions. Legal translation is my main business, and I'm a qualified English lawyer. However I can't really help you further without knowing what the contract says about the clausesuspensive. If you'd like to PM me I'd be happy to try and help. No promises, though! Link to comment Share on other sites More sharing options...
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