Glossary entry

French term or phrase:

lieux mis à disposition

English translation:

licensed areas / areas licensed

Added to glossary by Tony M
May 2, 2018 10:52
6 yrs ago
2 viewers *
French term

lieux mis à disposition

French to English Bus/Financial Law (general)
Agreement concerning use by private company of public domain infrastructure.
The phrase (or variations thereon) occurs literally tens of times.

"Travaux réalisés par le Titulaire à l'extérieur des lieux mis à disposition"

"II en sera de même des modifications ou des aménagements ultérieurs sur le domaine mis à disposition"

"Le Titulaire s'engage à utiliser les lieux mis à disposition et à exercer l'activité prévue dans la convention"

"Au cas où la nature de l'activité projetée ou les conditions d'utilisation des lieux mis à disposition présenteraient un risque de pollution des sols, un diagnostic de pollution des sols et/ou des eaux souterraines sera produit par XXX selon les régies proposées par XXX et acceptées par le Titulaire"

"Le Titulaire devra s'assurer de la compatibilité, sur le plan sanitaire, de la qualité des sols et des eaux souterraines avec l'usage des lieux mis à disposition"

Phrases like this are also found:
"Le Titulaire prend les lieux dans leur état au moment de la mise à disposition"
In this case I have translated by "when they are made available".

And the "obvious" translation of "lieux mis à disposition" is thus "premises made available"... over and over again. But this seems wrong, unnatural, not natural English, not even legalese English.

Any ideas?
Change log

May 3, 2018 12:45: Tony M Created KOG entry

Discussion

AllegroTrans May 2, 2018:
'right of use' in general terms, would be construed as a licence to occupy in English law
Mauriceh May 2, 2018:
Convention @phil yes that tightens things up and makes sense. A public body "makes available" public areas that may need to be used by private enterprise (meaning no private company could have exclusivity over those areas but merely a right of use i.e. mis à disposition, which infers a right of use. A contract would be too onerous since it would confer different rights on the private organisation would prejudice the rest of the public (usager).
Mpoma (asker) May 2, 2018:
@PhilG Yes, AllegroTrans has put it well: suggesting that the repeated use of this phrase may not be unrelated to the fact that this is, precisely, not a "bail" or "contrat de location". But falls into a curious administrative category because it concerns permitted commercial use of the domaine public.
AllegroTrans May 2, 2018:
@ Phil The contract may be a licence, which is not the same as a lease. I have translated docs where a 'mise à disposition' meant precisely that
philgoddard May 2, 2018:
Surely it's a lease. They're not providing all these services for free. And you say it's not a lease, but a contract - a lease is a contract.
Mpoma (asker) May 2, 2018:
@PhilGoddard @Mauriceh Thanks to both. Phil: it's a port: use of quaysides, banks, that kind of thing.
Mauriceh: yes, you're right, this is not a lease specifically, but an agreement or contract. And your second paragraph makes sense.

In fact to my mind there's a difference between "locaux" (premises) and "lieux" (which can also include outside space, it seems to me). So maybe, arguably, it should be "areas made available" (although some constructions within indoor areas do seem to be involved).
Mauriceh May 2, 2018:
Leased premises What is the nature of this agreement? Is it a lease, as it refers to a private company making use of public infrastructure. Would that be a lease? The word "convention is used" which is not to my mind a lease per se. It is in my view a "contract": https://www.editions-tissot.fr/droit-travail/dictionnaire-dr... It's referring to "lieux mis à disposition" which is likely to refer to some more than just a property but in this case an area which is in the public space (say a terrace for a café). If this were the case there would be definitions of use in terms of keeping the area clean, seating capacity etc.

I think the "premises made available" would be acceptable. If you use the term "leased premises" you are changing the nature of this agreement. I think it is more important to use a term that may not sound natural in English and have that questionned, than use an English term that sounds natural but may change the integrity of the document.
philgoddard May 2, 2018:
What do you mean by "public domain infrastructure"?
Mpoma (asker) May 2, 2018:
maybe... "leased premises" is the only natural-sounding possibility.

Proposed translations

9 hrs
Selected

licensed areas / areas licensed

Taking Allegro's idea and running with it...

I think we're all agreed this is some kind of 'licence', and as has been rightly pointed out 'lieux' is subtly different from 'locaux' — but after all, 'areas' does not make any inference as to whether these are enclosed spaces or not — and 'area' is just a relatively abstract notion of 'place'.
This sounds like it could be used to refer to the kinds of 'lieux' you have mentioned, and I think it is succinct enough to stand the repetition that lieas at the heart of your doubts.
Something went wrong...
3 KudoZ points awarded for this answer. Comment: "By a process of elimination this has got to be it! ... thanks"
+1
8 hrs

licence to occupy/right of use

See discussion points
Peer comment(s):

neutral Daryo : yes, it looks very much like that type of contract - but "les lieux mis à disposition" are the premises [or some outdoor space], not the contract.
49 mins
yes
neutral Tony M : Right idea, but I can only echo Daryo's comment above.
1 hr
yes but hopefully a help to asker
agree GILLES MEUNIER
11 hrs
Something went wrong...
+2
20 hrs

areas/facilities over which a licence/right of use is granted

On a rethink
Peer comment(s):

agree Tony M
5 hrs
agree Daryo
6 days
Something went wrong...
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