1. raise a plea of OR 2. invoke the statute of limitations

Discussion in 'Legal Terminology' started by apoziopeza, Dec 31, 2012.

  1. apoziopeza Senior Member


    I am translating an expert opinion and am not sure

    whether to use "to raise a plea of statute of limitations" [in case something is statute-barred]
    invoke the statute of limitations? Please see the text in bold.



    1. The protection, which under the law is connected with the raising of the plea of statute of limitations, consists in commercial relationships in the fact that the court under Section 388 (1) of the Commercial Code cannot adjudicate a right which it has already adjudicated as statute-barred, if the party, against which the right is being asserted, raises a plea ofinvokes the statute of limitations.[1]

    [1] Section 388 (1) of the Commercial Code stipulates: By the statute of limitations the right to performance of an obligation of the other party does not cease to exist, however, it cannot be adjudicated or recognized by the court if the obligor challenges the statute of limitations after the expiry of the limitation period. Section 388 (1) see in Annex ____.

    The increased demands for application of these correctives in commercial relationships was summed up by the Supreme Court as follows: „… in commercial relationships it is particularly important to emphasize the exceptionality of the grounds which could lead to the conclusion that there is a conflict of the plea of of the invocation of the statute of limitations with the principles of fair business practice.This is because the parties to this contractual relationship are usually entepreneurs of whom a certain professional ability to protect their rights is expected….
  2. paieye Senior Member

    English - British
    As you know from another post, I am an English lawyer, so that may be relevant to what I advise.

    I do not like "raise a plea of:" either "plead," "invoke" or "rely upon" would be my preference.
    Last edited: Jan 1, 2013
  3. robjh22 Senior Member

    U.S.A. & English
    I agree with "invokes" for the English version, paieye, but we still need a translation:

    To you and to my amigos hispanohablantes, is there something wrong with "invocar"? I thought about "interponer," but that doesn't seem right in these circumstances.

    I also suggest a simple "presentar" or maybe "plantear" [una excepción y defensa basada en (la) prescripción].
    Last edited: Jan 1, 2013

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