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vor Jahresfrist, etc.

English translation: change in the law prior to expiration of the one-year statute of limitations

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23:55 Jan 29, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: vor Jahresfrist, etc.
Please could someone help me untangle this sentence?

Ich habe allerdings bereits darauf hingewiesen, dass aufgrund einer vor Jahresfrist vorgenommenen Gesetzesänderung nicht auszuschliessen ist, dass Frau X sich erfolgreich darauf beruft, dass diese Ausschlussfrist unwirksam ist, da sie die gesetzlichen Verjährungsfristen umgeht.

The Ausschlussfrist mentioned is the key to this dispute in which an employee (Frau X) is attempting to get her old employer to pay up the money she is owed.

I would like to know what is meant by 'vor Jahresfrist' and the best way to translate the last part of the sentence from ' ... da sie ... umgeht.'

Thanks in advance.
Julie Neill
Spain
Local time: 16:37
English translation:change in the law prior to expiration of the one-year statute of limitations
Explanation:
is how I would interpret the language immediately surrounding "Jahresfrist". A statute of limitations [or "statute of repose"] ("Verjährungsfrist") limits the amount of time a would-be plaintiff has to commence her action or otherwise be 'non-suited,' i.e. have her case summarily dismissed on motion, irrespective of substantive merit.
Here, the law or statute applicable to her claim was amended before, as we say, "the statute ran out." [Consult context for whether it shortened or extended the applicable period. It's not obvious.]

Frau X may be able to argue successfully that the deadline ("Ausschlussfrist") is ineffective [to preclude her] because it circumvents the statutory repose periods. [Hers is presumably a contract claim of action and the amendment may have attempted to alter the statutory period otherwise applicable to claims which sound in (are based on) contract theories.
Selected response from:

Maureen Holm, J.D., LL.M.
United States
Local time: 10:37
Grading comment
A very detailed and helpful answer - thank you!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5da sie ... umgeht.' . . . as according to the law, the term of limitations has been evaded.
Adrienne Gutmans
4 +1change in the law prior to expiration of the one-year statute of limitations
Maureen Holm, J.D., LL.M.
4a change in the law that (may occur) before the one year period is finished/within the 1-year period
Kaiya J. Diannen
4 -1vor Jahresfrist = one year ago
Steffen Walter


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
vor Jahresfrist = one year ago


Explanation:
i.e. in your case applicable legislation had been amended one year ago.

That's at least an answer to your first part, for a start.

Steffen :-)

Steffen Walter
Germany
Local time: 16:37
Native speaker of: Native in GermanGerman
PRO pts in pair: 11890

Peer comments on this answer (and responses from the answerer)
disagree  Adrienne Gutmans: Tense and terminology are not correct.
6 hrs
Login to enter a peer comment (or grade)

14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
a change in the law that (may occur) before the one year period is finished/within the 1-year period


Explanation:
because it (would) circumvent(s) the statutory limitation period/period of limitation/statute of limitations

Kaiya J. Diannen
Australia
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 165
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
change in the law prior to expiration of the one-year statute of limitations


Explanation:
is how I would interpret the language immediately surrounding "Jahresfrist". A statute of limitations [or "statute of repose"] ("Verjährungsfrist") limits the amount of time a would-be plaintiff has to commence her action or otherwise be 'non-suited,' i.e. have her case summarily dismissed on motion, irrespective of substantive merit.
Here, the law or statute applicable to her claim was amended before, as we say, "the statute ran out." [Consult context for whether it shortened or extended the applicable period. It's not obvious.]

Frau X may be able to argue successfully that the deadline ("Ausschlussfrist") is ineffective [to preclude her] because it circumvents the statutory repose periods. [Hers is presumably a contract claim of action and the amendment may have attempted to alter the statutory period otherwise applicable to claims which sound in (are based on) contract theories.

Maureen Holm, J.D., LL.M.
United States
Local time: 10:37
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
Grading comment
A very detailed and helpful answer - thank you!

Peer comments on this answer (and responses from the answerer)
agree  ezbounty@aol.co
53 mins
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 5/5
da sie ... umgeht.' . . . as according to the law, the term of limitations has been evaded.


Explanation:
No explanation

Adrienne Gutmans
Local time: 17:37
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