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until 的法律意义

时间:2013-09-04 12:17:28

(单词翻译:单击)

  Hi,
Could anyone confirm the meaning of until in a financial document? specifically
"Early repayment1 charges apply to the loan until 31/10/2008"
Do they apply on 31/10/2008 as the dictionary definition in this context appears to be "before" in which case my understanding would be they do not apply on 31/10/2008.
Thanks
Yaryl
================
Hi, yary, thanks for joining us. Welcome to English Forums2.
In this context, it means a special rule applies from the beginning of the deal, and continues to apply up through the specified3 date. After that date, the rule no longer applies.
The rule is that if you decide to pay the loan off earlier than originally planned, there's an extra charge. It's like an early termination of contract charge on your cell phone.
If you're asking whether you have to pay the special charge if you pay the loan off exactly on 31/10/2008, that's a grey area. (That would be kinda cold.) Read the fine print. For example, if I don't pay my car insurance premium4 by 12:01 AM on the day it's due, I have no insurance. They don't give me all day to pay.
You might find wording such as "up to and including 31/10/2008."
Best wishes, - A.
================
Hi Avangi,
Thanks for the response. I searched high and low throughout the documentation and the only reference to a time period is "……until 31/10/08" Although a day here or there may not matter in these circumstances there is a material effect. If the loan can be paid off without penalty on 31/10/08 there is no additional cost but if it is paid off on 01/11/08 there are charges for another complete month. Therefore the precise definition (legal) of the term "until" becomes important to the operation of the loan.
I thought, particularly, in financial contracts, clear language was a pretty basic requirement yet I appear to have encountered a commonly used term that may have a meaning open to interpretation5. However I would have thought any interpretation would be guided by dictionary definition or at least the common understanding of the use within the English language and it's here that my understanding is "until" means "before"
Any further thought and views welcome, particularly from anyone with a legal background!
Thanks
Yaryl.
================
Sorry about that. If we go by the dictionary definition, when the calendar shifts from "30" to "31" (the stroke of midnight) you may execute your "early repayment" without fear of being charged the penalty fee. But October 31 being the last day of the month, you've gotta wonder if that's what they really mean.
And attorneys don't respect dictionaries. They respect only "precedent6." Once a judge rules on a case, that will be the law, until someone takes the issue to a higher court and wins.
That is, if a litigant7 can quote case law (a previous case in which a judge ruled that the client had to pay the penalty fee on the 31st, or something with the same principle) the judge is obliged to honor that previous decision. His ruling may then be appealed to a higher court. (At least, that's the way I understand it. Other opinions are encouraged.)
Sometimes even the dictionary leaves you scratching your head.
The movie will be blacked out in Boston until 31/10/2008.
The movie cannot be shown in Boston until 31/10/2008.
That is, the ambiguity8 may rest with the verb, not with the preposition.
Sometimes "through 31/10/2008" can clear it up.


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1 repayment repayment     
n.偿还,偿还款;报酬
参考例句:
  • I am entitled to a repayment for the damaged goods.我有权利索取货物损坏赔偿金。
  • The tax authorities have been harrying her for repayment.税务局一直在催她补交税款。
2 forums 68daf8bdc8755fe8f4859024b3054fb8     
讨论会; 座谈会; 广播专题讲话节目; 集会的公共场所( forum的名词复数 ); 论坛,讨论会,专题讨论节目; 法庭
参考例句:
  • A few of the forums were being closely monitored by the administrators. 有些论坛被管理员严密监控。
  • It can cast a dark cloud over these forums. 它将是的论坛上空布满乌云。
3 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
4 premium EPSxX     
n.加付款;赠品;adj.高级的;售价高的
参考例句:
  • You have to pay a premium for express delivery.寄快递你得付额外费用。
  • Fresh water was at a premium after the reservoir was contaminated.在水库被污染之后,清水便因稀而贵了。
5 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
6 precedent sSlz6     
n.先例,前例;惯例;adj.在前的,在先的
参考例句:
  • Is there a precedent for what you want me to do?你要我做的事有前例可援吗?
  • This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。
7 litigant o3syP     
n.诉讼当事人;adj.进行诉讼的
参考例句:
  • A litigant generally must make a motion in writing.诉讼当事人通常必须作出书面申请。
  • In civil proceedings,the litigants shall have equal litigant rights.民事诉讼当事人有平等的诉讼权利。
8 ambiguity 9xWzT     
n.模棱两可;意义不明确
参考例句:
  • The telegram was misunderstood because of its ambiguity.由于电文意义不明确而造成了误解。
  • Her answer was above all ambiguity.她的回答毫不含糊。