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שיהוי וחוסר ניקיון כפיים

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11:03 Dec 9, 2003
This question was closed without grading. Reason: Answer found elsewhere

Hebrew to English translations [PRO]
Law/Patents
Hebrew term or phrase: שיהוי וחוסר ניקיון כפיים
. כמפורט בהמשך, נגועה בקשת המבקשת בשיהוי וחוסר ניקיון כפיים
Leah Aharoni
Local time: 13:24
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Summary of answers provided
4laches and unclean handsDaniel Isaacs
4 -1delaying tactics and bad faith
Raphyel


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
delaying tactics and bad faith


Explanation:
delaying tactics = שיהוי
bad faith = חוסר ניקיון כפיים


    Reference: http://translate.google.com/translate?hl=en&sl=fr&u=http://l...
    Reference: http://www.google.com/search?q=bad+faith&hl=en&ie=UTF8&oe=UT...
Raphyel
Local time: 13:24
Native speaker of: Native in FrenchFrench, Native in HebrewHebrew
PRO pts in pair: 4

Peer comments on this answer (and responses from the answerer)
disagree  Daniel Isaacs: see below.
1 day 21 hrs
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1 day 23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
שיהוי וחוסר ניקיון כפיים
laches and unclean hands


Explanation:
both "shihuy" and "nikayon kapayim" are direct translations of the above English legal expressions derived from equity (dinei hayosher). These equitable principles were imported into Israeli contract law, despite the absence of "equity" from the Israeli legal system. "laches" means, essentially, "doing nothing whilst a breach occurs" or "waiting for too when a breach has occurred". A person guilty of acting in laches cannot then come and claim that the breach occurred to his detriment, because equity says that he ought not have been so complacent.
The "clean hands" principle is close to (but slightly different from) good faith - the original idea, in equity, was that a person coming to seek a remedy in equity must also do equity. Therefore, his own acts must be untainted.

Daniel Isaacs
Local time: 13:24
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 64
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