this post was submitted on 10 Aug 2024
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français → anglais translation help wanted for a paragraph of legal text (fedia.io)
submitted 3 months ago by ciferecaNinjo@fedia.io to c/forumlibre@jlai.lu
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[–] Takapapatapaka@lemmy.world 12 points 3 months ago (2 children)

Hi ! I have no definitive answer but i can give you some infos there

In french, the word "tendre" translates well to "to tend", as both describe something that is preferred but not mandatory or necessary.

In this context, it seems indeed a bit strange. But, from the basic and general knowledge I have of french laws, "tendre" is not a specific word of the legal jargon, so I think the meaning implied here is the common meaning, which is quite the same as "to tend". Someone with better knowledge of the french legal jargon could rectify me though.

From what i studied of french laws, public service is considered very important, and can lead to arbitrary infringements of private and personal property (like building roads or railways, it is mandatory to compensate owners of properties affected, but not really to have their consent). So "tends" could be the real meaning here, like "it's better if you can get owner's consent, but as you are building a service for everyone to use, you can do it without owner's consent".

It's been some years since I learned all of this, so I might be wrong or it might be outdated.

[–] emmanuelw@jlai.lu 3 points 3 months ago

it's better if you can get owner's consent, but as you are building a service for everyone to use, you can do it without owner's consent

That's how I understood too.

[–] ciferecaNinjo@fedia.io 3 points 3 months ago* (last edited 3 months ago) (1 children)

Thanks for the insight; that’s quite helpful.

The concept of easements still exists in this area but it seems like easements are not being used for façades, which kind of makes sense. The dispute I’m getting into is over a telecom company that is not serving the whole public. They are discriminatory and exclusive. I consider it an injustice that they can arbitrarily drill into people’s houses to support a “public” service which they then exclude some people from access (including owners of the homes they are drilling). Property owners then have a burden of paying €10 per cable to give notice by registered letter to all telecoms using their façade whenever a homeowner wants to perform work on their own façade.

That’s why I am looking closely at this law. I found nothing in the law that requires telecoms to be inclusive.

[–] Takapapatapaka@lemmy.world 3 points 3 months ago

Well, from what i learned too, this notion of public service is quite discussed as cases such as yours might arise when we have a mix of public service and private companies.

I wouldn't be surprised if the law was unclear and that you are encountering one of many french laws' grey area, where no one really knows what the exact procedure is.

Good luck anyway, hope you'll find precise info from someone with better knowledge of this specific domain