Glossary entry (derived from question below)
French term or phrase:
X avait le droit de faire réaliser le bien nanti
English translation:
X had the right to have (cause) the charged asset (to be) sold off
Added to glossary by
Vivien Green
Aug 2, 2019 02:07
4 yrs ago
French term
United Kingdom
MCIL/MITI - Business/Legal/Tourism/
Native in: English (Variant: British)
Works in: French to English
X avait le droit de faire réaliser le bien nanti
French to English
Law/Patents
Law (general)
Court Summons
This appears in a court summons. The full context is:
En vertu de ces conventions de nantissement sur parts sociales, X avait le droit de faire réaliser le bien nanti en cas de défaut de paiement déclaré
En vertu de ces conventions de nantissement sur parts sociales, X avait le droit de faire réaliser le bien nanti en cas de défaut de paiement déclaré
Proposed translations
+3
6 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: Scottish, British) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
359
Selected
X had the right to have (cause) the charged asset (to be) sold off
Hopefully not too late.
Co. shares in E&W are 'mortgaged' (co. law textbook term), pledged or charged.
Scots law: hypothecated.
Blen nanti: US > the 'liened asset'-
Co. shares in E&W are 'mortgaged' (co. law textbook term), pledged or charged.
Scots law: hypothecated.
Blen nanti: US > the 'liened asset'-
2 KudoZ points awarded for this answer.
Comment: "Thanks - there are some interesting comments from others so I'll try to give them a point too but this is very helpful!"
+1
1 hr
David Hollywood
Native in English
Works in field
worked for int. orgs (IMF, OAS, IDB)
Native in: English
Works in: Spanish to English, German to English
Related KudoZ points
:
71
X was entitled to realise the pledged asset/asset pledged as collateral
A pledged asset is a valuable possession that is transferred to a lender to secure a debt or loan. A pledged asset is collateral held by a lender in return for lending funds. Pledged assets can reduce the down payment that is typically required for a loan as well as reduces the interest rate charged.
--------------------------------------------------
Note added at 1 hr (2019-08-02 03:33:46 GMT)
--------------------------------------------------
"realise" in the sense of "cash in"
--------------------------------------------------
Note added at 1 hr (2019-08-02 03:34:28 GMT)
--------------------------------------------------
A company owns inventory of products. This inventory is an asset. They realise the asset by selling the products, thus the value of the inventory is converted into cash.
--------------------------------------------------
Note added at 1 hr (2019-08-02 03:37:35 GMT)
--------------------------------------------------
as you're from the UK I suggest "realise" but as I've worked for years in international orgs and they require US spelling "realize" as another option
--------------------------------------------------
Note added at 1 hr (2019-08-02 03:33:46 GMT)
--------------------------------------------------
"realise" in the sense of "cash in"
--------------------------------------------------
Note added at 1 hr (2019-08-02 03:34:28 GMT)
--------------------------------------------------
A company owns inventory of products. This inventory is an asset. They realise the asset by selling the products, thus the value of the inventory is converted into cash.
--------------------------------------------------
Note added at 1 hr (2019-08-02 03:37:35 GMT)
--------------------------------------------------
as you're from the UK I suggest "realise" but as I've worked for years in international orgs and they require US spelling "realize" as another option
Note from asker:
| Thank you - I went with something else but this was a very helpful explanation (I thought I'd be able to give you a point too but I don't seem to be able to). |
Peer comment(s):
| agree |
AllegroTrans
4 hrs
|
| agree |
Francois Boye
: it's pledged; so it's a collateral
10 hrs
|
| disagree |
Eliza Hall
: Not "realise," and unlike a pledged asset, a bien nanti is not transferred to the lender (it remains with the debtor). https://www.capital.fr/votre-argent/nantissement-une-garanti...
10 hrs
|
12 hrs
Eliza Hall
United States
United States
Native in English
Specializes in field
United States
Lawyer-Translator-Certified Interpreter
Native in: English (Variants: Canadian, Irish, British, UK, US, Scottish)
Works in: French to English, English to French
Related KudoZ points
:
145
X had the right to cause the collateral to be sold
This is just "collateral," not a "pledged asset," because possession of the asset remains with the debtor: https://www.capital.fr/votre-argent/nantissement-une-garanti...
The usual example is commercial real estate: if you own a factory, for instance, you can use it as collateral for a loan while continuing to operate the factory (or continuing to rent it out, as landlord, to a tenant who operates it).
"Collateral" is a universally understood word that works in any English-speaking legal system and does not have any incorrect connotations attached to it. Sometimes roughly equivalent legal terms are not great translations for each other because each term is associated with a set of rules and assumptions that are not the same in the two different legal systems (e.g. FR/UK or FR/US). For that reason, unless you're doing an explanatory translation, it's better to use general terms rather than very specific terms of art.
And we wouldn't say "realize" here in English. "Faire réaliser" means cause the asset to be sold. We say "cause" because the lender can't just sell it themselves, they have to bring legal proceedings asking the court to issue an order for it to be sold or to actually hold a judicial sale. Google "droit de réalisation" for details, but here's a link to a one-sentence definition: https://www.banque-info.com/lexique-bancaire/d/droit-de-real...
The usual example is commercial real estate: if you own a factory, for instance, you can use it as collateral for a loan while continuing to operate the factory (or continuing to rent it out, as landlord, to a tenant who operates it).
"Collateral" is a universally understood word that works in any English-speaking legal system and does not have any incorrect connotations attached to it. Sometimes roughly equivalent legal terms are not great translations for each other because each term is associated with a set of rules and assumptions that are not the same in the two different legal systems (e.g. FR/UK or FR/US). For that reason, unless you're doing an explanatory translation, it's better to use general terms rather than very specific terms of art.
And we wouldn't say "realize" here in English. "Faire réaliser" means cause the asset to be sold. We say "cause" because the lender can't just sell it themselves, they have to bring legal proceedings asking the court to issue an order for it to be sold or to actually hold a judicial sale. Google "droit de réalisation" for details, but here's a link to a one-sentence definition: https://www.banque-info.com/lexique-bancaire/d/droit-de-real...
Note from asker:
| Thanks Eliza. I opted for something else but thought I'd be able to give you a point too as this was very helpful. I don't seem to be able to though. |
Something went wrong...