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interrumpir el término prescriptivo

English translation: interrupted the statutory limitation (period)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:interrumpir el término prescriptivo
English translation:interrupted the statutory limitation (period)
Entered by: Jeff Whittaker

14:46 Jul 8, 2016
Spanish to English translations [PRO]
Law/Patents - Law (general) / Medical malpractice lawsuit
Spanish term or phrase: interrumpir el término prescriptivo
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..."
Jeff Whittaker
United States
Local time: 13:27
interrupted the statutory limitation
Explanation:

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 ...
Selected response from:

patinba
Argentina
Local time: 14:27
Grading comment
Thanks to all!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3interrupted the statutory limitation
patinba
4 +1(US + UK) stop the limitation period running
Adrian MM. (X)
5to toll the statute of limitations (or) to toll the limitations period
Rebecca Jowers
4interrupted the statutory limitation period
Robert Carter


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
interrupted the statutory limitation


Explanation:

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 ...


patinba
Argentina
Local time: 14:27
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1373
Grading comment
Thanks to all!

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: I think this is more elegant than Adrian's solution, which is too colloquial for a legal document.
3 mins
  -> Thank you, Phil!
agree  Robert Carter: Too late to the party.
6 mins
  -> Thank you, Robert!
agree  Tim Friese
16 mins
  -> Thank you!
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
interrupted the statutory limitation period


Explanation:
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...

Robert Carter
Mexico
Local time: 11:27
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1368
Notes to answerer
Asker: Thanks. I like the addition of "period"

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10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
(US + UK) stop the limitation period running


Explanation:
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'.

--------------------------------------------------
Note added at 36 mins (2016-07-08 15:22:34 GMT)
--------------------------------------------------

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(s):
  • 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.

    Reference: http://www.allenovery.com/publications/en-gb/Pages/Know-your...
Adrian MM. (X)
Local time: 19:27
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1292

Peer comments on this answer (and responses from the answerer)
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.
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3 days 19 hrs   confidence: Answerer confidence 5/5
to toll the statute of limitations (or) to toll the limitations period


Explanation:
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...


Rebecca Jowers
Spain
Local time: 19:27
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2222
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