Login or register (free and only takes a few minutes) to participate in this question.You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
English to German translations [PRO]
Law/Patents - Law (general) / equitable doctrines | | English term or phrase: doctrine of latches | | The Amended Complaint is barred by the equitable doctrines of latches, waiver, estoppel, accord and satisfaction and unclean hands. |
|  Gudrun RussoKudoZ activityQuestions: 134 ( 1 open) ( 10 without valid answers) ( 2 closed without grading) Answers: 67
| Local time: 16:16
|
| | Verwirkungseinwand | Explanation:
laches: failure to do something at the proper time, esp. such delay as will bar a party from bringing a legal proceeding. doctrine of laches: Verwirkungseinwand. Doktrin, der zufolge Rechtsansprüche innerhalb eines angemessenen Zeitraumes angemeldet sein müssen; ansonsten gehen sie ganz oder teilweise verloren ("Zahn").
Verwirkung: Wird ein Anspruch oder ein sonstiges Recht längere Zeit nicht geltend gemacht und treten besondere Umstände hinzu, auf Grund deren die verspätete Geltendmachung als unzulässige, unzumutbare Rechtsausübung und damit als Verstoß gegen Treu und Glauben anzusehen ist, so tritt Verwirkung ein.
--------------------------------------------------
Note added at 9 Stunden (2006-10-03 08:41:02 GMT)
--------------------------------------------------
laches: Verwirkung ("Romain") |
| Selected response from:
 Sebastian Witte
Germany
Local time: 22:16
| Grading comment Thanks, Sebastian. In my text the word was misspelled (latches). I found a translation close to the one of Zahn in Dietl/Lorenz, which I think is the most appropriate.
4 KudoZ points were awarded for this answer |
| |
| Discussion entries: 0 |
|---|
Automatic update in 00:
|
26 mins confidence:   s.b.
Explanation:
Nur als Hilfe:
http://courts.state.ar.us/opinions/2003b/20031112/e03-156.ht...
Nancy E. WALL v. DIRECTOR, Arkansas Employment Security Department
E 03-156 128 S.W.3d 480
Court of Appeals of Arkansas
Divisions III and IV
Opinion delivered November 12, 2003
1. Unemployment compensation -- overpayment -- repayment of amount. -- Pursuant to Ark. Code Ann. § 11-10-532 (Repl. 2002) if a person has received unemployment benefits to which he or she was not entitled, the person shall be liable to repay the amount for up to four years from the date the determination of the amount of the overpayment becomes final.
2. Estoppel -- defined -- elements of. -- The doctrine of estoppel is applicable when four essential elements are present: (1) the party to be estopped must know the facts; (2) he must intend that his conduct shall be acted on or must so act that the party asserting the estoppel had a right to believe it is so intended; (3) the latter must be ignorant of the true facts; and (4) he must rely on the former's conduct to his injury.
3. Equity -- doctrine of latches -- requirements of. -- The doctrine of laches requires a detrimental change in the position of the one asserting the doctrine as well as an unreasonable delay on the part of the one against whom it is invoked.
4. Equity -- laches & equitable estoppel -- distinguished. -- The doctrine of laches is based on a number of equitable principles that are premised on some detrimental change in position made in reliance upon the action or inaction of the other party; it is based on the assumption that the party to whom laches is imputed has knowledge of his rights and the opportunity to assert them, that by reason of his delay some adverse party has good reason to believe those rights are worthless or have been abandoned, and that because of a change of conditions during this delay it would be unjust to the latter to permit him to assert them; laches requires a demonstration of prejudice to the party alleging it as a defense resulting from a plaintiff's delay in pursuing a claim.
5. Unemployment compensation -- appellant suffered detrimental change in position due to appellee's delay in pursuing claim -- latches barred recovery of overpayment. -- Where appellant asserted a detrimental change in position in that she had not maintained records from 1997 and could not now seek recovery of the federal taxes withheld from benefits she received because the three-year period for filing amended tax returns had expired, and she suffered a disadvantage resulting from appellee's more than five-year delay in pursuing its claim, laches barred recovery of the overpayment; the case was reversed and dismissed. [cme]
(...)
The doctrine of latches requires a detrimental change in the position of the one asserting the doctrine as well as an unreasonable delay on the part of the one against whom it is invoked. Padgett v. Haston, 279 Ark. 367, 651 S.W.2d 460 (1983). In Arkansas County v. Desha County, 351 Ark. 387, 392, 94 S.W.3d 888, 890 (2003), the supreme court distinguished the closely-related defenses of laches and equitable estoppel, stating:
The doctrine of latches is based on a number of equitable principles that are premised on some detrimental change in position made in reliance upon the action or inaction of the other party. It is based on the assumption that the party to whom laches is imputed has knowledge of his rights and the opportunity to assert them, that by reason of his delay some adverse party has good reason to believe those rights are worthless or have been abandoned, and that because of a change of conditions during this delay it would be unjust to the latter to permit him to assert them. Laches requires a demonstration of prejudice to the party alleging it as a defense resulting from a plaintiff's delay in pursuing a claim.
| Fabio Descalzi
Uruguay
Local time: 17:16
Works in field
Native speaker of:  Spanish
PRO pts in category: 4
|
| | | Login to enter a peer comment (or grade) |
42 mins confidence:
Return to KudoZ list
| Changes made by editors |
|---|
| Oct 3, 2006 - Changes made by RobinB: | | Language pair | German to English => English to German |
|
|
| | | | X Sign in to your ProZ.com account... | | | | |
| KudoZ™ translation helpThe KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases. See also: Search millions of term translations  |
The translation workplace 
