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das Rechtsinstitut

English translation: legal principle or concept

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Rechtsinstitut
English translation:legal principle or concept
Entered by: Ulrike Lieder
Options:
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15:50 Oct 22, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: das Rechtsinstitut
In a Swiss legal document:
Die liechtensteinische Rechtslage im Hinblick auf das RECHTSINSTITUT der Verwirkung der Geltendmachung von Rechten durch Untaetigkeit reflektiert plastisch den Umstand, dass das liechtensteinische Privatrecht in wichtigen Rechtsfragen eine Zwischstellung zwischen dem Oesterreichsichen und dem schweizerischen Privatrecht einnimmt.
Dr. Fred Thomson
United States
Local time: 21:37
legal principle/legal doctrine
Explanation:
Fred, this is what we in the US would call the "equitable doctrine of estoppel by laches".

However, I would translate it as either "legal principle of estoppel by laches" or "legal doctrine of estoppel by laches" because you're dealing with a statutory law system that does not recognize the formal distinction between law and equity.

See also Dietl/Lorenz under "Verwirkung"
Selected response from:

Beate Boudro
United States
Local time: 21:37
Grading comment
Thanks to both Beates and also to Erika. I was toying with "legal concept" and/or "legal theory." "Legal principle" fits nicely, too.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3legal principle/legal doctrineBeate Boudro
4legal situationkostan


  

Answers


40 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
legal situation


Explanation:
although I am not a specialist in Liechtenstein law, it seems clear from the context that it concerns the general "legal situation" (or "position") regarding the forfeiture of claims.

kostan
Austria
Local time: 05:37
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 493
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42 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
legal principle/legal doctrine


Explanation:
Fred, this is what we in the US would call the "equitable doctrine of estoppel by laches".

However, I would translate it as either "legal principle of estoppel by laches" or "legal doctrine of estoppel by laches" because you're dealing with a statutory law system that does not recognize the formal distinction between law and equity.

See also Dietl/Lorenz under "Verwirkung"

Beate Boudro
United States
Local time: 21:37
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
Grading comment
Thanks to both Beates and also to Erika. I was toying with "legal concept" and/or "legal theory." "Legal principle" fits nicely, too.

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: Absolutely - my preference is legal principle
2 hrs

agree  Paul Svensson
3 hrs

agree  EMatt: legal concept would be another choice
3 hrs
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