Glossary entry (derived from question below)
Spanish term or phrase:
interrumpir el término prescriptivo
English translation:
interrupted the statutory limitation (period)
Added to glossary by
Jeff Whittaker
Jul 8, 2016 14:46
7 yrs ago
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Spanish term
United States
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Native in: English (Variants: UK, British, US, Canadian, US South, New Zealand, Australian)
Works in: Spanish to English, German to English, French to English, and 2 more.
interrumpir el término prescriptivo
Spanish to English
Law/Patents
Law (general)
Medical malpractice lawsuit
This is from a medical malpractice lawsuit filed in Puerto Rico. Sources give "statute of limitations" as the translation for "término prescriptivo", but that doesn't seem to fit the context here.
The plaintiff attempted to negotiate with the defendant, but when these negotiations failed, he "interrumpió el término prescriptivo" and filed a lawsuit.
Heading: Reclamación Extrajudicial, Interrupción de Término Prescriptivo
"La parte demandante interrumpió el término prescriptivo para iniciar su causa de acción por los daños sufridos a consecuencia de..."
The plaintiff attempted to negotiate with the defendant, but when these negotiations failed, he "interrumpió el término prescriptivo" and filed a lawsuit.
Heading: Reclamación Extrajudicial, Interrupción de Término Prescriptivo
"La parte demandante interrumpió el término prescriptivo para iniciar su causa de acción por los daños sufridos a consecuencia de..."
Proposed translations
(English)
Proposed translations
+3
10 mins
Selected
interrupted the statutory limitation
Interruption of the statute of limitations by means of a notice of default ...
www.peeters-law.be/.../71-notice-lawyer-interruption-statut...
The notice of default, sent by a creditor's lawyer, will henceforth have an interrupting effect on the statute of limitations.
Interruption of statutory limitation by way of written notice ... - Stibbeblog
www.stibbeblog.nl/.../interruption-of-statutory-limitation-...
Dec 2, 2015 - According to Article 3:317(1) Dutch Civil Code, this statutory limitation period is interrupted if the claimant sends the defendant a written notice ...
4 KudoZ points awarded for this answer.
Comment: "Thanks to all!"
16 mins
Robert Carter
Mexico
Mexico
Native in English
Specializes in field
Mexico
Translating full-time since 1998
Native in: English (Variant: British) 
Works in: Spanish to English
Related KudoZ points
:
1376
interrupted the statutory limitation period
Your research is correct. If a party files a claim regarding the underlying cause of action in a certain area of law, this can have the effect of interrupting (extending) the statutory limitation period on that claim.
The notice of default, sent by a creditor's lawyer, will henceforth have an interrupting effect on the statute of limitations.
1. Why this new law on the notice of default ?
In the past, only a writ of summons to oppose in court sent by a bailiff could be effective to interrupt the statute of limitations. The notice of default sent by a creditor’s lawyer to the debtor had no interruptive effect on the limitation period. The creditors were compelled to call on the bailiff’s service. This last one had no other means than delivering a summons in court in order to make the debtor appear in court. The purpose was to interrupt the period of limitation relating to his claim.
The case often occurs that when an unpaid creditor sends a notice of default with the aim to be paid, the debtor is hoping to reach the limitation period, knowing that it can take a long time leading to a solution.
See more at: http://www.peeters-law.be/documents/news-items/71-notice-law...
The notice of default, sent by a creditor's lawyer, will henceforth have an interrupting effect on the statute of limitations.
1. Why this new law on the notice of default ?
In the past, only a writ of summons to oppose in court sent by a bailiff could be effective to interrupt the statute of limitations. The notice of default sent by a creditor’s lawyer to the debtor had no interruptive effect on the limitation period. The creditors were compelled to call on the bailiff’s service. This last one had no other means than delivering a summons in court in order to make the debtor appear in court. The purpose was to interrupt the period of limitation relating to his claim.
The case often occurs that when an unpaid creditor sends a notice of default with the aim to be paid, the debtor is hoping to reach the limitation period, knowing that it can take a long time leading to a solution.
See more at: http://www.peeters-law.be/documents/news-items/71-notice-law...
Note from asker:
| Thanks. I like the addition of "period" |
+1
10 mins
(US + UK) stop the limitation period running
It certainly does make sense as, throughout most of the Western world, issue of proceedings (a writ) suspends the statute (and not statue) of limitation.
This is also a litigation tactic used by UK, Can and US etc. laywers during the course of negotiations with the other side and is oft-misunderstood as an insult by non-EN Common Lawyers who claim to be 'acting in good faith'.
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Note added at 36 mins (2016-07-08 15:22:34 GMT)
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There seems to be a misapprehension that my answer is too colloquial. Quote from the reference:
'Whilst a valid acknowledgment strictly speaking does not suspend the running of time but, rather, restarts it, for all practical purposes the effect is the same.'
This is also a litigation tactic used by UK, Can and US etc. laywers during the course of negotiations with the other side and is oft-misunderstood as an insult by non-EN Common Lawyers who claim to be 'acting in good faith'.
--------------------------------------------------
Note added at 36 mins (2016-07-08 15:22:34 GMT)
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There seems to be a misapprehension that my answer is too colloquial. Quote from the reference:
'Whilst a valid acknowledgment strictly speaking does not suspend the running of time but, rather, restarts it, for all practical purposes the effect is the same.'
Example sentence:
The period stops when either the claimant issues proceedings or on expiry of the statutory period or any agreed extension. The critical date is issue, not service.
Peer comment(s):
| agree |
Robert Carter
: You're either too lawyer-y or too vernacular-y, it seems :-)//I didn't mean for me, I think it's fine, hence the agree.
17 mins
|
|
- point taken. Sometimes a practical explanation, even to legal translators and interpreters transatlantically, requires an idiomatic style.
|
3 days 19 hrs
Rebecca Jowers
Spain
Spain
Native in English
Specializes in field
Spain
30 yrs experience legal-commercial
Native in: English
Works in: English to Spanish, Spanish to English
Related KudoZ points
:
2222
to toll the statute of limitations (or) to toll the limitations period
The formal expression in legal English for “interrumpir el término prescriptivo” (often expressed simply as “interrumpir la prescripción”) is “to toll the statute of limitations” or “to toll the limitations period”:
Tolling the Statute
Statutes of limitations are designed to aid defendants. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit.
http://legal-dictionary.thefreedictionary.com/Tolling the St...
See the many (thousands) of google entries for “tolling the statute of limitations” and “tolling the limitations period.”
Also, see this former Kudoz question:
http://www.proz.com/kudoz/english_to_spanish/law_general/228...
Tolling the Statute
Statutes of limitations are designed to aid defendants. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit.
http://legal-dictionary.thefreedictionary.com/Tolling the St...
See the many (thousands) of google entries for “tolling the statute of limitations” and “tolling the limitations period.”
Also, see this former Kudoz question:
http://www.proz.com/kudoz/english_to_spanish/law_general/228...
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