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  3. Law: Contract(s)

Affectio societatis

English translation: no form of affectio societatis exists

18:01 Feb 15, 2021
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: Affectio societatis
Hi everyone,

This is from a confidentiality agreement and the full sentence is:

En concluant le présent Accord de confidentialité, les Parties déclarent qu’elles n’entendent pas constituer une société ni une entité juridique quelconque et que toute forme d’affectio societatis est exclue.

Can anyone tell me how this works in practice? Is it a prohibition of any kind of partnership?

Cheers,
Nick
Nicholas Isard
Spain
Local time: 08:58
English translation:no form of affectio societatis exists
Explanation:

Basically the text states what affectio societatis is and then uses the term, so the term is redundant really, but I suppose you need to do something with it, so...

Latin terms can be used in legal English in italics.

I agree with Marco and Chris (AT) about research, but this is a little tricky in fairness, to be a bit indulgent with you.

--------------------------------------------------
Note added at 16 mins (2021-02-15 18:17:34 GMT)
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Oops sorry Phil, a case of mistaken identity, I was typing my answer when your discussion entry flashed up, I just glanced at it!
Selected response from:

Conor McAuley
France
Local time: 08:58
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2no form of affectio societatis exists
Conor McAuley
3 -1approx. corporate, merger-type linkage
Adrian MM.


Discussion entries: 3





  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
no form of affectio societatis exists


Explanation:

Basically the text states what affectio societatis is and then uses the term, so the term is redundant really, but I suppose you need to do something with it, so...

Latin terms can be used in legal English in italics.

I agree with Marco and Chris (AT) about research, but this is a little tricky in fairness, to be a bit indulgent with you.

--------------------------------------------------
Note added at 16 mins (2021-02-15 18:17:34 GMT)
--------------------------------------------------


Oops sorry Phil, a case of mistaken identity, I was typing my answer when your discussion entry flashed up, I just glanced at it!

Conor McAuley
France
Local time: 08:58
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 101
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
47 mins
  -> Thanks Chris!
agree  Eliza Hall: Yes, form or type.
1 hr
  -> Thanks Eliza!
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
approx. corporate, merger-type linkage


Explanation:
'Affectio societatis is the common will of several *legal persons or legal entities to merge into one entity*. It is a key characteristic of a company under French law. Articles 1832 and 1833 of the French Civil Code form the basis of this principle, although since there is no statutory definition, it has also been shaped by jurisprudence.'

See also Discussion Entries weblinks.

So not redundant as the Latin term is not confined to partnerships of indviduals and/or corporates. Query Bridge: intention to co-operate in a partnership and supervise its administration.

Much as I am keen on social anthropology, I doubt the meaning is 'affection for society' as in an answer on the first ProZ weblink.

Partnerships are bodies corporate in civil-law systems, rather than in Anglo-American law, unless LLPs or limited partnerships. So we need to know whether the parties here are indeed legal entities between which a partnership can indeed be formed in French law, as in an S.A.S. > société par actions simplifiée (SAS).

Alas, 'associative linkage' has psychological overtones.

Example sentence(s):
  • So what is corporate linkage? It's the relationship between different businesses within a corporate family.

    Reference: http://www.proz.com/kudoz/latin-to-english/law-general/11967...
Adrian MM.
Austria
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Why "approx"? What can possibly be wrong with Conor's answer?
4 mins
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