Word of the Week
Once a week I will provide one legal English term together with an explanation, an example phrase and it's German translation.
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Posted: 15 Nov 2009 10:57 PM by sascha.li
Explanation:
Limitation is a period of time within which a civil claim, a criminal action etc. can be prosecuted (time restriction for legal action).
Examples:
1.) After ten years, all claims for which the federal civil law does not provide otherwise are barred by the statute of limitations (art. 127 Swiss Code of Obligations).
2.) The statute of limitations can not be waived in advance (art. 141 para 1 Swiss Code of Obligations).
German translation:
Verjährung, die (noun)
Phrase book:
limitation period (die Verjährungsfrist)
statute of limitations (die Verjährungvorschrift) - art. 127 et seq. CO
to plead the statute of limitations (die Einrede der Verjährung erklären)
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contra bonos mores (WoW start-up special)
Posted: Wed, 11 Nov 2009 23:34 by sascha.li
Explanation:
Contra bonos mores is Latin meaning literally against good morals. An act contra bonos mores is offensive to
conscience
a sense of justice and
public policy.
Example:
According to art. 20 para 1 Swiss Code of Obligations, an agreement contra bonos mores is null and void.
German translation:
sittenwidrig (Adj.), gegen die guten Sitten
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Posted: Fri, 06 Nov 2009 13:13 by sascha.li
Explanation:
Null means nothing or without value or consequence. It is derived from the Latin word nullus meaning none. In law, void means of no legal effect. An action, document or transaction which is null and void is of no legal effect whatsoever.
Example:
A contract providing for an impossibility, having illegal contents, or violating bonos mores, is null and void. (art. 20 para. 1 Swiss Code of Obligations)
German Translation:
nichtig
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gross negligence (WoW 45/2009)
Posted: Fri, 30 Oct 2009 08:40 by sascha.li
Explanation:
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
Example:
An agreement entered into in advance, according to which liability for unlawful intent or gross negligence would be excluded, is null and void. (art. 100 para. 1 Swiss Code of Obligations)
German Translation:
grobe Fahrlässigkeit, die
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