Glossary entry

English term or phrase:

tolled by

French translation:

gênée par l'ingérence

Added to glossary by FX Fraipont (X)
Aug 12, 2014 07:52
9 yrs ago
7 viewers *
English term

tolled by

English to French Law/Patents Law (general)
Statute of limitations had been tolled by « party' "interference" with the authorities' following the December 2003 tax audit.
Change log

Aug 27, 2014 06:30: FX Fraipont (X) Created KOG entry

Discussion

Sylvie André (asker) Aug 13, 2014:
en effet Francis rien à voir avec un péage ;-)) j'essaie pour l’instant de débroussailler le doc dont je n'ai qu'une partie .. pas simple pour le contexte
Francis Marche Aug 13, 2014:
En fait il est bien possible que ce "toll" ne soit pas celui de l'octroi ou du péage d'autoroute qui "greverait" la loi mais bien celui du glas qui sonne l'heure de la prescription. Seul le contexte peut en décider.
Sylvie André (asker) Aug 13, 2014:
I don't have much.... ;-(
Tony M Aug 12, 2014:
Context Asker, I have some ideas as to what this might mean here — and what are your own thoughts on the matter? But could you just fill us in please on a bit of the background?

Proposed translations

+1
1 day 26 mins
Selected

gênée par l'ingérence

d'une des parties

littéralement, "grevée" par l'ingérence

--------------------------------------------------
Note added at 24 mins (2014-08-12 08:16:54 GMT)
--------------------------------------------------

toll = impose a toll on, not "for whom the bells toll".

--------------------------------------------------
Note added at 23 hrs (2014-08-13 07:50:48 GMT)
--------------------------------------------------

"Article 113 of the X Tax Code establishes a three-year statute of limitations for all tax offenses.743 In respect of the 2000 tax year, XXX had argued before the XXX courts that it was improper for the authorities to levy any fine because their assessment was not issued until 14 April 2004, i.e., a few months after the posited expiration of the statute of limitations for fines. XXX ’ argument was considered by XXX’s courts and ultimately rejected on the ground that the statute of limitations had been tolled by XXX’ “interference” with the authorities’ following the December 2003 tax audit."

C'est difficile - il faut aider, on ne peut aider que quand on fait des recherches sérieuses, et il faut argumenter sa réponse - la quadrature du cercle
Peer comment(s):

agree Tony M : Now THAT's what I call context!
11 mins
thanks Tony! ;-)
Something went wrong...
4 KudoZ points awarded for this answer.
+1
3 mins

précisé par, affiné par

Peer comment(s):

disagree Tony M : I'm pretty sure that doesn't correspond to any meaning of the verb 'to toll' in EN of which I am aware. / Well, it does of course depend on the exact context in which you heard it being used — but I don't believe this could possibly be the meaning here.
2 mins
I heard this on the BBC "...has been tolled by XXX" and meant "A été confirmé par".
agree GILLES MEUNIER
8 mins
Merci !
agree mchd : ou cadré/encadré par
22 mins
Merci !
neutral Francis Marche : The BBC : a possible confusion with "extolled" perhaps ?
23 hrs
Something went wrong...
23 hrs
English term (edited): had been tolled by

était entrée en vigueur / avait pris effet

In the absence of more context, but in the light of your more recent question (does it follow on?) I suspect that the idea might be that because of the 'interference', things had been (tactically?) delayed in order for some action to be 'timed-out' under the SoL.

Asker's later question (assuming it more or less follows on from this sentence) says that "The tax authorities would have nonetheless been deemed within the statute of limitations period under the obstruction of the audit limb of the Resolution." This would seem to suggest that the first sentence is intended to imply that the statute of limitations would have run out, had it not been for this 'obstruction of the audit' limb.

I'd like to thank Francis Marche for taking the trouble to suggest this as a correction to my original suggested formulation in FR; my only reason for posting here at all was to try and suggest an alternative reading, based on the additional knowledge gleaned about the wider context.
Something went wrong...
1 day 1 hr

suspendu

It just means that the running of the statute of limitations is suspended for that period of time. This also came up in a comment a couple of seeks ago.

--------------------------------------------------
Note added at 14 days (2014-08-27 06:47:05 GMT) Post-grading
--------------------------------------------------

The chosen answer is absolutely wrong. "Tolling a statute of limitations" is basic, American legal English. It has nothing to do with "ingerence". Ask any American lawyer-- ask twenty bishops, for that matter. I can seeit won't make a difference. I'm not adding this comment to try to convince anyone on this site to change the outcome-- I realize that's a lost cause. I just want to warn translators who might choose to rely on this post, that the chosen answer is simply wrong.

--------------------------------------------------
Note added at 15 days (2014-08-28 05:20:56 GMT) Post-grading
--------------------------------------------------

Thanks Sylvie-- glad the misunderstanding is straightened out. What I find a little strange about this particular question and answer session on proz.com is that none of the people who commented apparently thought to google "toll the statute" or "tolling the statute". There are plenty of ghits and many of the answers are correct and very clear. See, e.g. "Tolling the Statute

Statutes of limitations are designed to aid defendants. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit." at http://legal-dictionary.thefreedictionary.com/Tolling the St... What this does for me, I'm sorry to say, is raise a fundamental doubt about the entire process on which proz.com is based. How many other "approved" or "chosen" answers to French-English legal translation questions are incorrect?
Note from asker:
ingérence c'est pour "interference" pas tolling ... suis-je allée trop vite? je réfléchis encore je recherche encore d'autres sources.. merci
après recherche et discussion avec mon client, nous optons pour suspension.. merci d'avoir signalé mon erreur... j'ai été trop rapide ...
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search