Glossary entry

Swedish term or phrase:

...till upphörande vid det kalenderarsskifte

English translation:

give notice of termination (to terminate clauses...) expiring at the end of the year

Added to glossary by Florin Hulubei
Feb 27, 2013 14:27
11 yrs ago
Swedish term

...till upphörande vid det kalenderarsskifte

Swedish to English Law/Patents Law: Contract(s) Koncernavtal
I don't quite understand this phrase:

Vardera parten äger fritt uppsäga punkterna 7, 8 och 9 av detta avtal till upphörande vid det kalenderårsskifte som infaller närmast efter det tre månader förflutit från det uppsägning ägde rum

Discussion

Deane Goltermann Feb 27, 2013:
uppsäga ... till upphörande Richard, I read this as the active part -- either side provides notice; the notice period is three months, and and then the clauses are no longer in efffect 'as of' the end of the coming Dec 31 ('as of' the beginning of Jan 1). Otherwise the contract remains in full force ... (at least in regard to this clause)
Christine Andersen Feb 27, 2013:
I translate the commoner expression - end of a month - on the lines of
either party is entitled to give notice of termination of the contract with effect from the end of the month,
or in this case, year.
Then it can be interpreted as the contract ending on the stroke of midnight. As different months end on different dates, you need to avoid that issue with months and quarters!
Adrian MM. (X) Feb 27, 2013:
uppsäga till... It's really the notice which expires at that time, so when the termination takes effect cf. zum Jahresende kündigen.
Richard Green Feb 27, 2013:
My thoughts too I had the same dilemma when thinking of a solution to this. As I read it, the agreement expires (passively) rather than terminates (actively) following the withdrawal of the parties from the points mentioned. I.e., the agreement expires as a result.

I did think about termination, but just had the idea that this was more an active act of saying, for example "I give notice of termination". Expiry seemed to fit better for me, as it is almost as a result of another action.

I may have misconstrued the context given, however, and you could well be right Deane! What do you think?
Deane Goltermann Feb 27, 2013:
Terminate vs. expire I read this as the parties actively ending the contract/clauses here, as in:
'Expiration is the ending of an agreement pursuant to its terms without any action by a party to the agreement. Expiration commonly occurs at the end of a defined period of time' vs.
'Termination is the ending of an agreement as the result of an action taken by a party to the agreement. For example, an agreement may provide that either party may terminate it upon ten days’ written notice'

or is this a British vs. US thing?

Proposed translations

+1
2 hrs
Swedish term (edited): uppsäga till upphörande vid det kalenderårsskifte
Selected

give notice of termination (to terminate clauses...) expiring at the end of the year

Don't forget the uppsäga. The termination takes effect on the day after cf. in EN leases give notice to quit expiring = paradoxically, taking effect at the end of the year when the premises need to be quit.

My similar answer was torpedoed last time. I hope it won't be this time.



Peer comment(s):

agree Charlesp : ok
4 days
Thanks.
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4 KudoZ points awarded for this answer. Comment: "Tack"
6 mins

upon expiry at the end of the calendar year

I hope this suggestion helps.
Peer comment(s):

disagree Deane Goltermann : Have to disagree here Richard -- 'upon' doesn't give the right timing, I'd say.
23 mins
No problem! I was erring between a few options, but settled for 'upon' in the end.
agree George Hopkins : But: ...to expire...
32 mins
Thanks George. I see what you mean.
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27 mins

"for termination as of December 31 of the year"

I'd say the parties' right is to provide notice of termination of these clauses and the termination will not become effective until the end of the year that occurs after a three month notice period.

Am pretty sure Richard, let's double check...
Peer comment(s):

neutral Christopher Schröder : To pick hairs, isn't it termination as of 1 January?!
13 mins
Hairs should be picked! Was focusing on the other end of the term.
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9 hrs

termination effective as of the end of the calendar year

Either party may give notice of termination in relation to clauses 7, 8 and 9 of this agreement, with termination effective as of the end of the calendar year....

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