Eliza Hall Jan 2, 2022:

Thanks, Daryo Thanks for reminding us all that even in plain English, the phrase as written doesn't make sense! I was focused on the legal aspects, but yes, even in plain English it just doesn't make sense.

As a translator I would flag this, state that it is clearly a typo since as written it doesn't make sense, and translate what it should've said ("use OR...").

Daryo Jan 2, 2022:

Must be a typo Not to repeat basics of law (as reminded by Eliza Hall)

"Buyer's use or possession or ownership"

of whatever was sold does make perfect sense, while

"Buyer's use of possession or ownership"

sounds really odd - how would you "use possession" or "use ownership" in a way that it would make sense in a clause about "keeping harmless" the Seller???

Further "preuve par l'absurde" (the final nail in the coffin) that wording ("Buyer's use of possession or ownership") would ignore / omit the most likely source of legal troubles: the Buyer plainly using the thing that was sold NOT "using the possession" or "using the ownership".

The ST needs to be rechecked / clarified by the client - as as it is it's in fact plain non-sense.

BTW habituel / inhabituel has nothing to do with this text.

Unsurprisingly, there is grand total of TWO ghits for "use of possession or ownership" in BOTH samples the "of" making no sense whatsoever, and being an obvious typo for "or"

https://www.allaxismachining.com/docs/AXM-Selling-Terms.pdf

https://indiankanoon.org/doc/894228/?type=print

Eliza Hall Dec 30, 2021:

Typo? I suspect it may be a typo, and should have read "use or possession or ownership." Edited to add reasons:

1. "Use of possession" is not a term I've ever seen in my many years of being a lawyer.

2. It doesn't make sense; "ownership" has no object in this sentence, so why would "use" need one? These are 3 independent words, each representing a slightly different aspect of the buyer's relationship to the property (using it, being in physical possession of it, or legally owning it).

3. "Use or ownership or possession" is a standard phrase used in this type of clause--namely an indemnification clause intended to protect the seller against claims by the buyer or anyone else. It makes clear that if any loss arises from any aspect of the buyer's relationship to the property, that will not impact the seller because the buyer promises to indemnify the seller if that happens.

Robin Dufaye Dec 30, 2021:

Bonjour Christelle, Cela fait du sens, mais "habituel" me semble superflu

Christelle FILY (asker) Dec 30, 2021:

Acte habituel de possession Merci Robin pour votre contribution. J'ai pensé à "acte habituel de possession ou de propriété". Puis-je avoir votr avis? Merci