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détenteurs de droits réels

English translation: holders of rights in rem

10:17 Sep 26, 2020
French to English translations [PRO]
Law/Patents - Environment & Ecology / Dépollution de sites
French term or phrase: détenteurs de droits réels
A ce titre, il convient de vous informer que lorsque l'institution de servitudes entraîne un préjudice direct, matériel et certain, elle ouvre droit à une indemnité au profit des propriétaires des titulaires de droits réels ou leurs ayant-droits
Neydou
France
Local time: 05:03
English translation:holders of rights in rem
Explanation:
Droits réels is sometimes literally translated as real rights, but the EN legal term that means the same thing is "in rem." It means rights in things, such as rights in a piece of land, a car, a diamond necklace, etc.

As others have pointed out, it's been asked and answered before at ProZ. At least one of the answers provided these FR and EN legal dictionaries as references:

Droits réels: https://www.dictionnaire-juridique.com/definition/reel.php

Rights in rem: http://www.duhaime.org/LegalDictionary/I/InRem.aspx

Also see this:
"Summary of the concepts undergirding French Property and Property rights:
...Real Rights, or rights in rem:
A property right which is directly exercised by a person on or over a thing or “chose” (res in Latin, which is the root of the term, not the word real in the general sense)."
http://www.overseaschambers.com/media/7932/summary of the co...
Selected response from:

Eliza Hall
United States
Local time: 23:03
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +4holders of real rights
Antoine Maalouf
5 +4holders of rights in rem
Eliza Hall
5 -2Legal Right-holders
Drmanu49


Discussion entries: 3





  

Answers


28 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
holders of real rights


Explanation:
Droit réel = real right, or right in rem in civil law.

https://en.m.wikipedia.org/wiki/Ius_in_re

Antoine Maalouf
Local time: 06:03
Native speaker of: Native in EnglishEnglish, Native in ArabicArabic, Native in FrenchFrench
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  Drmanu49: This is about property holders.
1 hr
  -> There is no other way of translating "droits réels" without changing its legal meaning. Your version is a subset of real rights, which is wrongly restrictive.
agree  philgoddard
5 hrs
agree  SafeTex
9 hrs
agree  Eliza Hall: Agree IF you're translating an academic legal text about FR property law, but in a non-academic text, the actual EN legal term is "in rem." Saying "real" risks creating misunderstanding.
9 hrs
  -> I agree. That's why I put both. Thanks!
agree  liz askew
1 day 5 hrs
agree  Julie Barber
3 days 29 mins
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): -2
Legal Right-holders


Explanation:

Legal Rights (Stanford Encyclopedia of Philosophy)
plato.stanford.edu › entries › legal-ri...
Traduire cette page
Aller à What Kinds of Entities Can be Legal Right-holders? - 3. What Kinds of Entities Can be Legal Right-holders? 4. Exclusivity of Rights. 4.1 ...
de K Campbell - ‎2001 - ‎Cité 30 fois - ‎Autres articles
‎Are Legal Rights ... · ‎The Conceptual Analysis ... · ‎Exclusivity of Rights

--------------------------------------------------
Note added at 1 heure (2020-09-26 11:31:21 GMT)
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or legal property right holders

How Property Rights Can Fight Pollution | American Scientist
www.americanscientist.org › article
Traduire cette page
It could also mark a return to fundamental legal principles of property rights, a foundation of ... and the government must compensate the property holders in return. ... sources to manage their wastes on-site, obtain consent for off-site pollution, ...

Drmanu49
France
Local time: 05:03
Works in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 90

Peer comments on this answer (and responses from the answerer)
disagree  Antoine Maalouf: Real rights don't necessarily mean property rights. Property rights are a type of real rights.
59 mins
  -> No this is about property holders.
agree  mchd: le contexte fait bien référence au droit de la propriété, donc légal
2 hrs
  -> Thank you.
disagree  Eliza Hall: "Legal rights" is much too general. The term "droits réels" is a very specific type of legal right. Translating it as "legal rights" would be like translating "panthère" as "mammal." Yes, a panther is a mammal, but it's a very specific type of mammal...
9 hrs
  -> It is precisely NOT general as it defines property rights as in your ref "A property right which is directly exercised by a person".
disagree  Daryo: wrong method => wrong results
10 hrs
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10 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +4
holders of rights in rem


Explanation:
Droits réels is sometimes literally translated as real rights, but the EN legal term that means the same thing is "in rem." It means rights in things, such as rights in a piece of land, a car, a diamond necklace, etc.

As others have pointed out, it's been asked and answered before at ProZ. At least one of the answers provided these FR and EN legal dictionaries as references:

Droits réels: https://www.dictionnaire-juridique.com/definition/reel.php

Rights in rem: http://www.duhaime.org/LegalDictionary/I/InRem.aspx

Also see this:
"Summary of the concepts undergirding French Property and Property rights:
...Real Rights, or rights in rem:
A property right which is directly exercised by a person on or over a thing or “chose” (res in Latin, which is the root of the term, not the word real in the general sense)."
http://www.overseaschambers.com/media/7932/summary of the co...

Eliza Hall
United States
Local time: 23:03
Native speaker of: English
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
neutral  Drmanu49: You justify my answer with your ref.
10 mins
  -> No, I don't. You've misundertood. Your answer translates "droits réels" as "legal rights." That's incorrect (see discussion).
agree  Daryo: start by checking the exact meaning of the term - sounds like an interesting idea ...
57 mins
  -> :)
agree  liz askew
19 hrs
agree  Gordon Matthews
22 hrs
agree  Michele Fauble
22 hrs
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