I would like to understand this paragraph:
§ 2. Lorsque (un opérateur d'un [¹ réseau public de communications électroniques]¹) a l'intention d'établir des câbles, lignes aériennes et équipements connexes, de les enlever ou d'y exécuter des travaux, elle tend à rechercher un accord quant à l'endroit et la méthode d'exécution des travaux, avec la personne dont la propriété sert d'appui, est franchie ou traversée.
Argos Translate yields:
§ 2. When (an operator of a [¹ public electronic communications network]¹) intends to establish cables, airlines and related equipment, to remove or perform work therein, it tends to seek an agreement on the location and method of carrying out work, with the person whose property serves as a support, is crossed or crossed.
I think tends is a false friend here because it seems unlikely in this context. A commercial machine translation yields:
§ 2. When (an operator of a [¹ public electronic communications network]¹) intends to establish, remove or carry out work on cables, overhead lines and related equipment, it shall seek agreement as to the location and method of carrying out the work with the person whose property is used as support, is crossed or is being traversed.
Sounds more accurate. I’m disappointed that there seems to be no requirement that the telecom company obtain consent from property owners. Is that correct? The telecom operator does not need consent on whether to use someone’s private property, only consent on how they deploy the cables?
As written, it really seems like the correct translation is "tends to". I've never seen this used in law texts and why is a law written this way in the first place??? But then again i don't have much law experience so maybe it's really common?
I can at least tell you I've never ever ever seen "tend" being used to mean "shall".
Are you saying tends is not a false friend and the French and English meanings are quite similar? Because in English that word is astonishing in this legal context. Commercial translation tools are often better quality than Argos, so I was more tempted to trust the commercially translated version.
(edit) tends has a couple different meanings in English. One might have a tendency to do something or feel something. You might also tend to a store, which means to oversee something. Perhaps it’s that latter meaning that is intended by lawmakers. That the telecom operator oversees agreement.
Yes. It is equally as astonishing in french. In simple terms the law you're quoting says "generally speaking, ISPs will most likely try to obtain consent". Why this is a law at all makes no sense to me.
I don't think this works here. You see it in this form in the phrase "je tend a mes affaires" (I am tending to my own business) which is incredibly old fashioned and doesn't work here anyway.
I thought so, too. My HOA mandates that I tend to my yard. However, if they meant that, I'd think they'd use the verb "occuper".