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verjähren nach einem Jahr (in sechs Monaten)

English translation: lapse after one year (in six months)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:verjähren nach einem Jahr (in sechs Monaten)
English translation:lapse after one year (in six months)
Entered by: William Stein
Options:
- Contribute to this entry
- Include in personal glossary

18:48 Dec 6, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: verjähren nach einem Jahr (in sechs Monaten)
Ansprüche auf Schadenersatz verjähren nach einem Jahr (in sechs Monaten). Die Frist beginnt mit der Beendigung des Auftrages..

six months or a year? Or is it simply a mistake in the original?
algy
United Kingdom
Local time: 20:42
lapse after one year (in six months)
Explanation:
Claims generally "lapse".

CSVHC
... The Organiser reserves his right for further claims for damages. ... Statute of Limitations Claims of the Exhibitor against the Organiser lapse after 12 months if ...
www.csvhc.com/pages/cont_terms.htm -

There are various ways to explain the time difference. They could be different alternatives matching two variations of the contract, one with a 12-month term and the other with a six month term It could be that the service contract was completed six months ago, so that there are another six months remaining. In either, the suggested translation would work.


--------------------------------------------------
Note added at 1 hr 8 mins (2003-12-06 19:57:31 GMT)
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I don\'t know where David gets the idea that claims don\'t lapse. All you need to do look on Google to find hundreds of examples.

For example, this is from the Eurolex legal glossary:

Contractual Netting Contract about netting in terms of §§387ff. BGB in combination with the clearing conditions. All claims lapse that can be offset against each other. The remaining balance of claims, that cannot be offset, must be physically fulfilled (also refer to Settlement Netting, Offsetting Block, Net Delivery Obligation).
Selected response from:

William Stein
Costa Rica
Local time: 14:42
Grading comment
Thanks William and all others who took the time to contribute to this one. Yes, it seems most likely that the year´s "Frist" ends in six months rather than being alternative periods, though I don´t know why the contract would be drawn up six months after completion of the assignment.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +6claims will expire after one year/six months
Kim Metzger
4 +2lapse after one year (in six months)
William Stein
4 +1lapse after a year (in six months' time)David Moore
4barred after one year (in six months)xxxdesiderata
4Requirements regarding compensation fall under the statute of limitations (or expire) after one yearxxxRNolder


  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +6
verjähren nach einem Jahr (in sechs Monaten)
claims will expire after one year/six months


Explanation:
I think the sechs Monaten in parentheses is supposed to indicate an alternative for the Client. In other words, the Client will decide which version he wants to use in each individual contract.


Kim Metzger
Mexico
Local time: 14:42
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 21840

Peer comments on this answer (and responses from the answerer)
agree  Cilian O'Tuama: or maybe the year expires 6 months from now
2 mins
  -> Yes. "in sechs Monaten" is either a typo for "nach sechs Monaten" or ...?

agree  xxxRNolder: the year will expire in six months from now. Sorry, I didn't see your answer when I sent mine!
20 mins
  -> I think Algy needs to talk to his client.

agree  Wolf Brosius: verjähren does not always mean 1 year,it is often a time period,in this case 1 year or less.
1 hr

agree  Jose Paez
2 hrs

agree  avantix
4 hrs

agree  Olaf
1 day 12 hrs

neutral  Gareth McMillan: It's not that simple. In UK you can revive your right to sue if you notify your intent within the expiry time (Verjährungsfrist).
1 day 16 hrs
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18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Requirements regarding compensation fall under the statute of limitations (or expire) after one year


Explanation:
Exp.

--------------------------------------------------
Note added at 2003-12-06 19:09:29 (GMT)
--------------------------------------------------

which is in six months!

xxxRNolder
Local time: 15:42
Native speaker of: English
PRO pts in pair: 163
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52 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
lapse after a year (in six months' time)


Explanation:
Claims do not lapse, but the right to make them does. In this case, I would translate the sentence: "The rights to compensation payments lapse after one year (in six months' time). This period commences with completion...."

David Moore
Local time: 21:42
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 9634

Peer comments on this answer (and responses from the answerer)
disagree  William Stein: I don't know where you get the idea that "claims don't lapse", claims for damages are not "compensation payments", and in any case I'm sure its the right to file a claim that lapses, not the right to payment itself.
17 mins
  -> Please read my answer again; I wrote"....but the right to make them does....", didn't I????

agree  Kim Metzger: Yes, the right to make them lapses.
2 hrs

agree  xxxdesiderata
1 day 21 hrs
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35 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
verjähren nach einem Jahr (in sechs Monaten)
lapse after one year (in six months)


Explanation:
Claims generally "lapse".

CSVHC
... The Organiser reserves his right for further claims for damages. ... Statute of Limitations Claims of the Exhibitor against the Organiser lapse after 12 months if ...
www.csvhc.com/pages/cont_terms.htm -

There are various ways to explain the time difference. They could be different alternatives matching two variations of the contract, one with a 12-month term and the other with a six month term It could be that the service contract was completed six months ago, so that there are another six months remaining. In either, the suggested translation would work.


--------------------------------------------------
Note added at 1 hr 8 mins (2003-12-06 19:57:31 GMT)
--------------------------------------------------

I don\'t know where David gets the idea that claims don\'t lapse. All you need to do look on Google to find hundreds of examples.

For example, this is from the Eurolex legal glossary:

Contractual Netting Contract about netting in terms of §§387ff. BGB in combination with the clearing conditions. All claims lapse that can be offset against each other. The remaining balance of claims, that cannot be offset, must be physically fulfilled (also refer to Settlement Netting, Offsetting Block, Net Delivery Obligation).

William Stein
Costa Rica
Local time: 14:42
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1734
Grading comment
Thanks William and all others who took the time to contribute to this one. Yes, it seems most likely that the year´s "Frist" ends in six months rather than being alternative periods, though I don´t know why the contract would be drawn up six months after completion of the assignment.

Peer comments on this answer (and responses from the answerer)
neutral  Kim Metzger: You'll also find thousands of examples of claims expiring in Google. I'd say both phrases are used loosely to refer to the right to file a claim.
2 hrs
  -> Well nothing is used "loosely" in a contract. And I am not the one who's arguing that "a claim doesn't lapse", that's nonsense.

agree  Maureen Holm, J.D., LL.M.: fully with WStein on this one -- sleep on your rights and they LAPSE -- here's an insurance context: www.insurance.state.mo.us/reports/medmal/sect3/
5 hrs

agree  Gareth McMillan: I was going to point out that it's not so simple- you saved me the trouble. In DE this is very complex. In UKE it means you can notify your intent to sue within this "Frist" to keep it alive. "He who snoozes, looses"..
1 day 16 hrs
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1 day 22 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
barred after one year (in six months)


Explanation:
the claim is "barred" (US), i.e. will be subject to dismissal if the statute of limitation is properly pleaded in defense. Here, the claim will be so barred in six months from the time of writing. The claim doesn't lapse or expire, viz. can still be discharged, compromised, offset, etc.

xxxdesiderata
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 205
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