Content: introduction. I. Chapter. Legal texts
particular concerning structure, form, languages and authority. Private legal
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LEGAL TRANSLETION
particular concerning structure, form, languages and authority. Private legal documents come into being as opposed to public texts; hence the distinctive traits concern the involved subjects: privates vs. States or international organisations. Yet, private is not synonym of individual nor citizen, at least not only. We should therefore put a stress on the differences among these terms. Briefly, the term citizen comes into play as related to state, being it each person entitled with rights and duties as established by the national legislation. 9 Individual and private are broader terms, which express no relation with a higher entity, but once more they are not equivalent: private may refer to an entity including more than one individual, as well (e.g. a private company) and comes into being as opposed to public, i.e. all that is related to state. Going back to texts, a private legal document is usually translated or drafted in more than one language when the contractors speak different languages and/or come from different juridical system. 9 Linguistique Juridique, Domat droit privé, Montchrestien, Paris COMMISSIONE EUROPEA (2010), 29 This is to warranty equal treatment and make the text accessible to both (all) parties. But once again, having two or more texts written in two or more languages does not make them equal. Their legal status changes according to the will of the contractors. They may agree that the translation and the original text have equal force in the court of law in case of litigation, attaching them with a prescriptive function, or else specify nothing, so that translated texts will be considered just for informative purposes, giving them no legal status at all. Private legal documents are product of one national system, and therefore follow the rules imposed by that particular jurisdiction, this is especially true for contracts. By definition, an agreement has to fulfil some requirements in order to be considered a fully legally binding contract, on pain of invalidity: the contract must be drafted in the appropriate form (with ‘appropriat • signature, date and execution. Let us say that when we say that translation is needed, it means it has to be done because it is provisioned by law or, in the case of contracts, by contracts themselves. As seen when dealing with international treaties, the language in which the contract is valid is the one the parties want to be authentic. The language of the contract is presumed to be the only official language, unless the parties choose differently, but this choice should be stated clearly in the document. This is done through the language clause, typical feature of agreement between parties speaking different languages. The formulation of language clauses is officially free but once again seems to follow a model. Cao in her Translating Law, gives us a couple of examples of typical formulation of language clauses: “The contract shall be written in both … and English and both language versions shall have equal force. In case of inconsistency of the two language versions, the ... version shall prevail.” “This Agreement and any attachments hereto are rendered in both ... and English. In the event of any conflict between the provisions of the English version and the ... version which the parties cannot resolve by mutual agreement, then ... provisions shall apply.” We can see how language clauses not only fix the languages in which the document is authentic and authoritative, but also the text that should prevail in case 30 of divergence. Once more it is important to underline the word version, which, as said for international agreements, assumes the two (or more) texts to be equally authentic. 10 Download 294.15 Kb. Do'stlaringiz bilan baham: |
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