Glossary entry

Spanish term or phrase:

extinguido

English translation:

extinguish/ed; discharged (by constructive dismissal)

Added to glossary by Justin Peterson
Dec 27, 2019 12:28
4 yrs ago
39 viewers *
Spanish term

extinguido

Spanish to English Law/Patents Law: Contract(s) Labor Law
An employee leaving because he feels the terms of his contract have been violated

"Mi decisión de abandonar ... se fundamente en el hecho de que el contrato indicado está exinguido por las siguientes razones"

extinguido
He's claiming that it is extinguido due to breaches of it
terminated, dissolved, resolved, cancelled, voided, rescinded
Which is the most appropriate and exact term??

I know the standard translations ... I need a lawyer who understands what is really the best term, and why ... as this is the most important word in the whole letter

Proposed translations

+3
1 hr
Spanish term (edited): extinguir / extinguido
Selected

extinguish/ed; discharged (by constructive dismissal)

None of your permutations or combinations IMO.

Both extinguishment (extinguishing is idiomatically commoner for us 'British commoners') and discharge appear or 'figure' in Barron's US law dictionary.

Discharge is the superordinate term in Anglo-Am. contract law and a trigger for law students to swot or 'bone up' on the various ways a contract can be discharged e.g. for repudiatory breach, end of term or frustration (impossibiliuty of performance).

The scenario appears to be one constructive dismissal in English law, namely the employers have misbehaved themselves entitling the employee to sue for breach.

Example sentence:

Extinguishment (extinguishing) is the destruction of a right or contract. If the subject of the contract is destroyed then the contract may be made void.

The discharge of a contract happens when these obligations come to an end. There are many ways in which a contract is *discharged*.

Peer comment(s):

agree Katherine Coelho
33 mins
Gracias, obrigado and thanks!
neutral philgoddard : I've never heard of a contract being extinguished. And if it's what lawyers say, this guy is not a lawyer.
44 mins
Look up 'extinguish' - plus 'discharge' & 'constructive dismissal' you omit - in all of your law dictionaries. You would have heard of it - and seen it on paper - if you had ever worked in a legal environment..
agree neilmac : A search for "contract extinguished" gets about 1,960 results...
2 hrs
Thanks and gracias.
agree AllegroTrans : both terms correct, but "discharged" seems better here
4 hrs
Thanks and gracias. There seems to be a misunderstanding of the term of 'termination' that backdates to the cut-off point only - and not to the start of the contract, as extinguish & discharge would.
Something went wrong...
4 KudoZ points awarded for this answer.
+2
2 hrs

terminated

it is a pretty common term.
Peer comment(s):

agree Katherine Coelho
11 mins
agree philgoddard
23 mins
Something went wrong...
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