tolled by

French translation: gênée par l'ingérence

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:tolled by
French translation:gênée par l'ingérence
Entered by: FX Fraipont (X)

07:52 Aug 12, 2014
English to French translations [PRO]
Law/Patents - Law (general)
English term or phrase: tolled by
Statute of limitations had been tolled by « party' "interference" with the authorities' following the December 2003 tax audit.
Sylvie André
France
Local time: 03:36
gênée par l'ingérence
Explanation:
d'une des parties

littéralement, "grevée" par l'ingérence

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Note added at 24 mins (2014-08-12 08:16:54 GMT)
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toll = impose a toll on, not "for whom the bells toll".

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Note added at 23 hrs (2014-08-13 07:50:48 GMT)
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"Article 113 of the X Tax Code establishes a three-year statute of limitations for all tax offenses.743 In respect of the 2000 tax year, XXX had argued before the XXX courts that it was improper for the authorities to levy any fine because their assessment was not issued until 14 April 2004, i.e., a few months after the posited expiration of the statute of limitations for fines. XXX ’ argument was considered by XXX’s courts and ultimately rejected on the ground that the statute of limitations had been tolled by XXX’ “interference” with the authorities’ following the December 2003 tax audit."

C'est difficile - il faut aider, on ne peut aider que quand on fait des recherches sérieuses, et il faut argumenter sa réponse - la quadrature du cercle
Selected response from:

FX Fraipont (X)
Belgium
Local time: 03:36
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1gênée par l'ingérence
FX Fraipont (X)
5suspendu
Attorney DC Bar
3 +1précisé par, affiné par
KLamTranslation
1était entrée en vigueur / avait pris effet
Tony M


Discussion entries: 4





  

Answers


3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
précisé par, affiné par


Explanation:


KLamTranslation
France
Local time: 03:36
Native speaker of: French

Peer comments on this answer (and responses from the answerer)
disagree  Tony M: I'm pretty sure that doesn't correspond to any meaning of the verb 'to toll' in EN of which I am aware. / Well, it does of course depend on the exact context in which you heard it being used — but I don't believe this could possibly be the meaning here.
2 mins
  -> I heard this on the BBC "...has been tolled by XXX" and meant "A été confirmé par".

agree  GILLES MEUNIER
8 mins
  -> Merci !

agree  mchd: ou cadré/encadré par
22 mins
  -> Merci !

neutral  Francis Marche: The BBC : a possible confusion with "extolled" perhaps ?
23 hrs
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23 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
had been tolled by
était entrée en vigueur / avait pris effet


Explanation:
In the absence of more context, but in the light of your more recent question (does it follow on?) I suspect that the idea might be that because of the 'interference', things had been (tactically?) delayed in order for some action to be 'timed-out' under the SoL.

Asker's later question (assuming it more or less follows on from this sentence) says that "The tax authorities would have nonetheless been deemed within the statute of limitations period under the obstruction of the audit limb of the Resolution." This would seem to suggest that the first sentence is intended to imply that the statute of limitations would have run out, had it not been for this 'obstruction of the audit' limb.

I'd like to thank Francis Marche for taking the trouble to suggest this as a correction to my original suggested formulation in FR; my only reason for posting here at all was to try and suggest an alternative reading, based on the additional knowledge gleaned about the wider context.

Tony M
France
Local time: 03:36
Native speaker of: Native in EnglishEnglish
PRO pts in category: 114
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1 day 26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
gênée par l'ingérence


Explanation:
d'une des parties

littéralement, "grevée" par l'ingérence

--------------------------------------------------
Note added at 24 mins (2014-08-12 08:16:54 GMT)
--------------------------------------------------

toll = impose a toll on, not "for whom the bells toll".

--------------------------------------------------
Note added at 23 hrs (2014-08-13 07:50:48 GMT)
--------------------------------------------------

"Article 113 of the X Tax Code establishes a three-year statute of limitations for all tax offenses.743 In respect of the 2000 tax year, XXX had argued before the XXX courts that it was improper for the authorities to levy any fine because their assessment was not issued until 14 April 2004, i.e., a few months after the posited expiration of the statute of limitations for fines. XXX ’ argument was considered by XXX’s courts and ultimately rejected on the ground that the statute of limitations had been tolled by XXX’ “interference” with the authorities’ following the December 2003 tax audit."

C'est difficile - il faut aider, on ne peut aider que quand on fait des recherches sérieuses, et il faut argumenter sa réponse - la quadrature du cercle

FX Fraipont (X)
Belgium
Local time: 03:36
Native speaker of: Native in FrenchFrench
PRO pts in category: 1071

Peer comments on this answer (and responses from the answerer)
agree  Tony M: Now THAT's what I call context!
11 mins
  -> thanks Tony! ;-)
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1 day 1 hr   confidence: Answerer confidence 5/5
suspendu


Explanation:
It just means that the running of the statute of limitations is suspended for that period of time. This also came up in a comment a couple of seeks ago.

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Note added at 14 days (2014-08-27 06:47:05 GMT) Post-grading
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The chosen answer is absolutely wrong. "Tolling a statute of limitations" is basic, American legal English. It has nothing to do with "ingerence". Ask any American lawyer-- ask twenty bishops, for that matter. I can seeit won't make a difference. I'm not adding this comment to try to convince anyone on this site to change the outcome-- I realize that's a lost cause. I just want to warn translators who might choose to rely on this post, that the chosen answer is simply wrong.

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Note added at 15 days (2014-08-28 05:20:56 GMT) Post-grading
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Thanks Sylvie-- glad the misunderstanding is straightened out. What I find a little strange about this particular question and answer session on proz.com is that none of the people who commented apparently thought to google "toll the statute" or "tolling the statute". There are plenty of ghits and many of the answers are correct and very clear. See, e.g. "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." at http://legal-dictionary.thefreedictionary.com/Tolling the St... What this does for me, I'm sorry to say, is raise a fundamental doubt about the entire process on which proz.com is based. How many other "approved" or "chosen" answers to French-English legal translation questions are incorrect?

Attorney DC Bar
Local time: 03:36
Specializes in field
Native speaker of: Native in EnglishEnglish
Notes to answerer
Asker: ingérence c'est pour "interference" pas tolling ... suis-je allée trop vite? je réfléchis encore je recherche encore d'autres sources.. merci

Asker: après recherche et discussion avec mon client, nous optons pour suspension.. merci d'avoir signalé mon erreur... j'ai été trop rapide ...

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