Francois Boye Mar 12, 2019:

@ Caroline:

Please read this attachment. It clarifies the concept of 'privilège du bailleur'

https://www.dictionnaire-juridique.com/definition/privilege....

TechLawDC Mar 12, 2019:

"transport" and "assignment" are incorrect here. "transport" and "assignment" are incorrect here. Etc.
In my opinion, these 2 terms are unidiomatic in the given context. This is based on my translation of numerous similar agreements FR>EN and also reading numerous instances of similar language in documents drafted by attorneys in the USA.
Nothing is being transported.
An assignment is an agreement to assign benefits or rights, or the process of thus assigning benefits or rights. In the present context, "affectées" already means "assigned". Therefore if one translates "transport à concurrence" as assignment it would be redundant and thus unidiomatic, not to mention at variance with the author's intent.
Point 2: les présentes valant en tant que de besoin, transport à concurrence = the present agreement effecting [(i.e. being deemed and acknowledged by the Parties to effect)] consideration in full ….

Ph_B (X) Mar 11, 2019:

conduit no idea, I'm afraid. The only reason I posted my comment above is because I wasn't convinced that transport meant "transport" here and I thought the two defs I posted would be useful. And you're right about valant, of course.

Caroline Marsh (asker) Mar 11, 2019:

Thank you for taking the time. I put the whole paragraph as the context here but I didn't ask about the word "valant" because I don't require its translation. It's clear from the preceding clause that the agreement (les présentes) is to be considered/valued as the "transport" - it was really this notion of transport that was befuddling me. You're right that the idea is that the landlord will be entitled to anything an insurance company pays the tenant - I'm really focussing on the document being valued/considered as "transport" up to the amount of monies due. I came up with the notion of conduit. What do you think? This is the full translation of the clause that I have so far:

By express agreement, all indemnities due to the lessee by any insurance company in the case of a claim, for whatever reason may be, will be assigned to the lessor, the present contract serving whenever required as the conduit for sums which may be due.

Ph_B (X) Mar 10, 2019:

transport means "transfer" or "assignment" here, the idea being that the landlord will be entitled to whatever an ins co will pay the tenant, should a loss occur. Cf. "DR. Cession d'un bien incorporel, droit ou créance. Synon. transfert. Transport d'une créance..." (http://stella.atilf.fr/Dendien/scripts/tlfiv5/advanced.exe?8... See also: https://www.dictionnaire-juridique.com/definition/transport-... It looks like some kind of guarantee for the landlord if the tenant owes him/her money. Note: valant... transport (valant should be part of your question).