clause de propre

nclou131

New Member
English - America
Hello there,
I'm translating a trust agreement and one of the articles is entitled Clause de Propre. I cannot find any sort of equivalent out there, I have looked far and wide. According to this website, the definition is "La clause de propre: vous pouvez utiliser cette clause lorsque vous léguez un ou des biens à quelqu'un qui est marié et que vous souhaitez que ce legs échappe au régime matrimonial de cet héritier. "

Any FR/EN/CAN linguaphile jurists out there that can give me a hand? I'm against a deadline and I'm desperate! Thanks so much!!
 
  • PaulQ

    Senior Member
    UK
    English - England
    It would probably be a "restrictive clause" or a "specific condition" but you have given no sentence to demonstrate its use...
     

    brilliantpink

    Senior Member
    Canada, English
    Hello there,
    I'm translating a trust agreement and one of the articles is entitled Clause de Propre. I cannot find any sort of equivalent out there, I have looked far and wide. According to this website, the definition is "La clause de propre: vous pouvez utiliser cette clause lorsque vous léguez un ou des biens à quelqu'un qui est marié et que vous souhaitez que ce legs échappe au régime matrimonial de cet héritier. "

    Any FR/EN/CAN linguaphile jurists out there that can give me a hand? I'm against a deadline and I'm desperate! Thanks so much!!
    Just came across this three years later, so of no help for your deadline, but:

    I am translating a trust agreement with a clause with the same heading: "Clause de propre". In an English-language will made in Quebec, the same heading appears as "Bequest as Private Property". It's a standard clause stating that any property bequeathed in the will remains the private property of the beneficiary, and shall not be "part of any family patrimony, community of property, partnership of acquests nor any other present or future matrimonial regime granting rights to consorts on the property of their respective spouse".

    For the purposes of the trust agreement, "bequest" is clearly not appropriate. So my suggestion is simply to translate "Clause de Propre" as "Private Property".
     

    PaulQ

    Senior Member
    UK
    English - England
    Unfortunately, French Law (and thus the law in Quebec) differs from English and American Law.
    In "Clause de Propre" Propre seems to be used in its sense of "ownership" and is probably what is known as "a restrictive clause", or "a clause granting a life interest."

    A restrictive clause would say something like "To my secretary, Miss Rita Chevrolet, I leave my castles, vinyards, and collection of paintings on condition that she does not give or bequeath them to her brother."

    A clause granting a life interest would say something like "To my secretary, Miss Rita Chevrolet, I leave my castles and vinyards for as long as she shall live, <here, there is a statement inserted of what shall happen to the property, e.g. "after which they shall all revert to my wife or, if deceased, her estate.">
     
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