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  3. Law: Contract(s)

extinguido

English translation: extinguish/ed; discharged (by constructive dismissal)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:extinguido
English translation:extinguish/ed; discharged (by constructive dismissal)
Entered by: Justin Peterson

12:28 Dec 27, 2019
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Labor Law
Spanish term or phrase: extinguido
An employee leaving because he feels the terms of his contract have been violated

"Mi decisión de abandonar ... se fundamente en el hecho de que el contrato indicado está exinguido por las siguientes razones"

extinguido
He's claiming that it is extinguido due to breaches of it
terminated, dissolved, resolved, cancelled, voided, rescinded
Which is the most appropriate and exact term??

I know the standard translations ... I need a lawyer who understands what is really the best term, and why ... as this is the most important word in the whole letter
Justin Peterson
Spain
Local time: 13:00
extinguish/ed; discharged (by constructive dismissal)
Explanation:
None of your permutations or combinations IMO.

Both extinguishment (extinguishing is idiomatically commoner for us 'British commoners') and discharge appear or 'figure' in Barron's US law dictionary.

Discharge is the superordinate term in Anglo-Am. contract law and a trigger for law students to swot or 'bone up' on the various ways a contract can be discharged e.g. for repudiatory breach, end of term or frustration (impossibiliuty of performance).

The scenario appears to be one constructive dismissal in English law, namely the employers have misbehaved themselves entitling the employee to sue for breach.

Selected response from:

Adrian MM.
Austria
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2terminated
Andrea Luri Abe
3 +3extinguish/ed; discharged (by constructive dismissal)
Adrian MM.


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
extinguir / extinguido
extinguish/ed; discharged (by constructive dismissal)


Explanation:
None of your permutations or combinations IMO.

Both extinguishment (extinguishing is idiomatically commoner for us 'British commoners') and discharge appear or 'figure' in Barron's US law dictionary.

Discharge is the superordinate term in Anglo-Am. contract law and a trigger for law students to swot or 'bone up' on the various ways a contract can be discharged e.g. for repudiatory breach, end of term or frustration (impossibiliuty of performance).

The scenario appears to be one constructive dismissal in English law, namely the employers have misbehaved themselves entitling the employee to sue for breach.



Example sentence(s):
  • Extinguishment (extinguishing) is the destruction of a right or contract. If the subject of the contract is destroyed then the contract may be made void.
  • The discharge of a contract happens when these obligations come to an end. There are many ways in which a contract is *discharged*.

    Reference: http://en.wikipedia.org/wiki/Extinguishment
    Reference: http://www.proz.com/kudoz/spanish-to-english/law-contracts/7...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 278

Peer comments on this answer (and responses from the answerer)
agree  Katherine Coelho
33 mins
  -> Gracias, obrigado and thanks!
neutral  philgoddard: I've never heard of a contract being extinguished. And if it's what lawyers say, this guy is not a lawyer.
44 mins
  -> Look up 'extinguish' - plus 'discharge' & 'constructive dismissal' you omit - in all of your law dictionaries. You would have heard of it - and seen it on paper - if you had ever worked in a legal environment..
agree  neilmac: A search for "contract extinguished" gets about 1,960 results...
2 hrs
  -> Thanks and gracias.
agree  AllegroTrans: both terms correct, but "discharged" seems better here
4 hrs
  -> Thanks and gracias. There seems to be a misunderstanding of the term of 'termination' that backdates to the cut-off point only - and not to the start of the contract, as extinguish & discharge would.
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
terminated


Explanation:
it is a pretty common term.


    https://www.legalmatch.com/law-library/article/termination-of-contract.html
Andrea Luri Abe
Peru
Local time: 06:00
Native speaker of: Portuguese

Peer comments on this answer (and responses from the answerer)
agree  Katherine Coelho
11 mins
agree  philgoddard
23 mins
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