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Key Words: jurilinguistic transfer, cultural transfer, legal translation, legal discourse,
cultural implications, legal meaning, legal terminology, referencing, legal
conventionalities, lexis, syntax, context, legal tradition, contract,
agreement, equivalence, function, legal systems, civil law, common law,
legal function.
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CONTENTS
CHAPTER 1
INTRODUCTION
CHAPTER 2
2.1
2.2
2.2.1
Functional equivalence
2.2.2
12
2.3
14
16
3.1
16
3.1.1
17
3.2
18
3.3
18
CHAPTER 3
3.3.1
19
3.3.2
Semi-technical terms
21
3.3.3
Non-technical terms
26
3.4
Latin terms
30
3.5
31
3.6
32
3.7
Terminological errors
33
3.8
Terminological vagueness
34
3.9
37
3.9.1
Business entities
37
3.9.2
39
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CHAPTER 4
SURVEY
40
CHAPTER 5
CONCLUSIONS
43
APPENDIX I
45
APPENDIX II
65
APPENDIX III
69
APPENDIX IV
71
Figure 2.1
Near-functional equivalence
Figure 2.2
Figure 2.3
Non-equivalence
10
REFERENCES
75
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CHAPTER 1 INTRODUCTION
Legal translation has been described by researchers as a category in its own right
(Garzone, 2000: 395). This is mainly due to the complexity of legal discourse that
combines two extremes: the resourcefulness of the literary language used for the
interpretation of ambiguous meanings and the terminological precision of specialised
translation. The translation of legal terminology requires particular attention because it
consists primarily of abstract terms deeply and firmly rooted in the domestic culture and
intellectual tradition (Chrom, 2004: 48) and thus entails a transfer between two different
legal systems, each with its own unique system of referencing. An excellent example of
problems relating to the translation of such terms may be found in the official translations
of contracts.
In this study, I will analyse key aspects and problem areas to be considered by a translator
in the translation of the legal terminology of contracts that have their origins in English
common law and are translated into Polish civil law. The study is based on five official
translations of English contracts that can be used for the purpose of evidence in a Polish
Court. Such translations are done by qualified translators who are required to swear to
the accuracy of their work. The official translations were prepared on the assumption that
the target text reader is a legal professional. However, the proposed translation choices
took into consideration the fact that the aforementioned targeted legal professional comes
from a different legal tradition and that there is consequently a difference in his/her
referential classification.
The selected contracts consist of: an Employment Contract, a Cohabitation Agreement, a
Tenancy Agreement, a Guarantee Agreement and an Agreement for the Sale of a Vehicle,
all taken from 301 Legal Forms, Letters and Agreements (2005) by Lawpack Publishing
that I translated into Polish language using five bilingual dictionaries of legal terms and a
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Lexicon of Law Terms, all published after 2004, and recent monolingual material in the
form of the Encyclopaedia of [Polish] Law, the Collins English Dictionary, the Oxford
Dictionary of [English] Law (listed in the References) and the Birmingham University
Bank of English Corpora.
The paper consists of five chapters. Chapter 2 will discuss the relevant theoretical
framework and translation practice. It will focus on the issue of equivalence in legal
translation, paying particular attention to functional equivalence and a selection of
alternative translating methods. The chapter will also assess problem areas and the
translator's agenda when dealing with this type of translation. Chapter 3 will analyse the
translating process and will thus consider contextual differences between Polish and
English law, Polish and English legal languages and, associated with them, the function
of contracts in two different legal systems and their target text readers. The chapter will
then focus in detail on terminological issues present in the selected contracts, providing
practical examples of how these issues were resolved in their proposed official
translations. In order to analyse the benefit of legal training for translators when dealing
with terminological issues, the paper is supported by a survey of experienced
professionals working with the language pair Polish/English.
presented in chapter 4 include proposals, based on their opinions, as to the most accurate
form of terminology translation and analyse whether it is possible for the target text to
have the same legal effect as the original. Chapter 4 also includes a summary of changes
that have influenced official legal translators of contracts working with the
aforementioned language pair. Chapter 5 provides conclusions based on the analysis and
findings presented in the paper.
The four appendices consist of all the aforementioned original contracts and their
proposed official translations into Polish, the terminology of all the translated legal
documents, the survey questions with results and the Code of Practice of the Polish
Society of Sworn and Specialised Translators (TEPIS) that I translated into English.
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The reference abbreviations used throughout this study are as follows: ST1 (source text
1) = Employment Contract in English common law; ST2 = Co-habitation Agreement in
English common law; ST3 = Tenancy Agreement in English common law; ST4 =
Guarantee Agreement in English common law; ST5 = Agreement for the sale of a vehicle
in English common law; 1 = paragraph one; 2 = paragraph two, etc.; TT1 (target text
1) = Employment Contract translated into Polish civil law; TT2 = Co-habitation
Agreement translated into Polish civil law; TT3 = Tenancy Agreement translated into
Polish civil law; TT4 = Guarantee Agreement translated into Polish civil law and TT5 =
Agreement for the sale of a vehicle translated into Polish civil law; SL (source language)
= English; TL (target language) = Polish and BT (back translation) = from Polish into
English language. My personal comments are added in square brackets.
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Sinclair proposes that the advantage of a theoretical framework is that it offers a quick
route to sophisticated observation and insight (2005: 13). From the epistemological
perspective legal translation stands at the crossroads of legal theory, language theory and
translation theory and therefore the scholarly views presented below combine a selection
of aspects from these disciplines. The most general view is Schleiermachers distinction
that refers to foreignization and domestication of the TT:
The translator can either leave the writer in peace as much as possible and bring the reader to
him, or he can leave the reader in peace as much as possible and bring the writer to him.
(Schleiermacher von, 1838: 47, as translated in Wilss, 1982: 33)
Bringing the reader to the ST would require the TT reader to process the translation in
its original foreign context, while bringing the writer to the reader would mean
domesticating the ST in terms of the context familiar to the TT readers and thus making it
easy for it to be assimilated by them. Comparable methods are considered in translation
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theory relating to legal language and terminology. In support of foreignizing strategies,
Koller (1979: 89) insists that full adaptation is not an accepted method of translation in
legal texts as it results in semantic distortion. Nord further maintains that a TT cannot be
regarded as a translation if it is not bound to the ST (1988: 31). Eugene Nida proposes a
theory of formal equivalence that focuses on gloss translation, resolving all lexical and
grammatical differences between ST and TT by remaining as close as possible to the ST:
it is essential that formal equivalence is stated primarily in terms of a comparison of the way in
which the original receptors understood and appreciated the text and the way in which receptors of
the translated text understand and appreciate the translated text. (Nida, 1993: 116)
Cesana further supports the foreignisation of legal terminology and proposes the use of
neologisms and loan words to render new legal concepts: it is fidelity to the original
which counts, not the beauty or elegance of the target language (Cesana, 1910: 188, as
translated in arevi, 2000: 37). This view is also supported by Weisflog (1987: 194)
who advocates formal equivalence, also known as formal correspondence.
I believe that on occasion, in official translations of contracts authorised for use in a
Polish court of law, direct reference to foreign legal terminology is necessary since a
particular legal concept might be totally unknown in the TT legal tradition and the
translations should stay faithful to the ST. Examples of such terms, e.g. the contractingout certificate available to certain civil service pensioners in the United Kingdom and
common-law wife, are analysed in section 2.2.1 below. However, the excessive use of
loan words without explanation in the translated document can easily render it
incomprehensible or unclear to a reader, even one with a great degree of legal
background in the TL, such as the judge. For the same reason I do not agree with the use
of neologisms in the aforementioned type of documents as these are invented words
whose precise meaning has often not been fully established in the TL.
TT-oriented methods derive from contrasting views on the translation of legal terms that
also have a large group of scholarly supporters. Another of Nidas theories proposes the
method of dynamic equivalence, that is the aforementioned domestication of the ST
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(Hatim and Mason, 1990: 7). Tomek (1990: 113) proposes that legal translation is a
procedure based on both linguistic and legal comparative approaches. He supports the
view of that the focus should be the target language, and divides the translation process
into intrasemiotic and intersemiotic (1991: 147).
transfer of information from the first to the second semantic level of the SL i.e. transfer
from the legal language to the legal metalanguage while intersemiotic translation is the
translation of a legal text from the SL to the TL. In my opinion, the legal translator
should not aim at the full domestication of contracts that may be used in a Polish court of
law for two principal reasons. Firstly, official legal documents should stay faithful to the
ST and it is extremely unlikely that the direct and indirect meanings of legal concepts of
the ST have precisely the same legal meaning when domesticated in the TL legal culture.
Secondly, the judge should know that the document originates from a foreign legal
system and thus determine which law or part of the instrument is to be applied when
interpreting certain legal terminology.
In legal translation, many scholars associate legal equivalence with the extent to which
the same legal effect can be produced in the TT while maintaining fidelity to the ST.
This technique, often referred to as a functional equivalence, is described by Newmark as
a procedure that occupies the universal area between the SL and the TL (2005: 83). I
agree with Jean-Claude Gmar who recommends the use of functional equivalence for
the purpose of the official translation of contracts (1995-II: 163 166) because it makes
the TT both comprehensible to the target reader and faithful to the original ST.
Functional equivalence is further analysed in section 2.2.1.
Newmark (1981: 47) further suggests that when dealing with legal documents like
contracts that are concurrently valid in the TL, the translator should focus on a
communicative approach that is TT-orientated. Vermeer agrees with the view that legal
criteria should be taken into account when selecting the most appropriate translation
strategy since the meaning of legal texts is determined by the legal context:
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For instance, in regard to contracts, the decision whether and to what extend target-language
formulae should be used is determined primarily by the law governing the contract. This fact is
essential because it determines whether the contract will be interpreted according to the source or
the target legal system.
Beaupr also supports the statement and proposes that legal translation should formulate
two equal versions of the same instrument, which strive not so much for verbal and
grammatical parallelism but:for linguistic purity within the confines of legal equivalence Hence the decision-making
process of the legal translator is based primarily on legal considerations.
(Beaupr, 1987: 179, as translated in arevi, 2000: 47)
Examples of the practical application of the above theory in the official translation of
contracts are presented in chapter 3. I agree with de Beaugrande (in Bell, 1991: 23) who
warns that it is inappropriate to expect that a theoretical model of translation should
solve all the problems a translator encounters. Instead, it should formulate a set of
strategies for approaching problems and for coordinating the different aspects entailed.
In official translations of contracts that can be used in a court of law, the strategies used
must above all focus on one main principle, which is fidelity to the source text:
Legal translators have traditionally been bound by the principle of fidelity. Convinced that the
main goal of legal translation is to reproduce the content of the source text as accurately as
possible, both lawyers and linguists agreed that legal texts had to be translated literally. For the
sake of preserving the letter of the law, the main guideline for legal translation was fidelity to the
source text. Even after legal translators won the right to produce texts in the spirit of the target
language, the general guideline remained fidelity to the source text. (arevi, 2000:16)
2.2
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legal system. Equivalence aims to give the lexis and terminology of two languages equal
meaning and corresponding import and significance, and, as can be seen from some of
the research presented above, it also strives to achieve the same legal effect based on
legal interpretation of the source information.
2.2.1
Functional equivalence
Near-equivalence occurs when legal concepts in Polish and English share most of
their primary and incidental characteristics or are the same, which is very rare.
P
E
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defined purpose i.e. construction of a building, professional advice and etc. The word has
identical connotations in English language: a person who undertakes a contract
especially to provide materials, conduct building operations, etc. (Concise Oxford
English Dictionary, 2002: 312) as opposed to an employee who is a person who works
under the direction and control of another (the employer) in return for a wage or salary
(Dictionary of Law, 2003: 170).
Another example that demonstrates near-functional equivalence is the term annual
bonus in ST1 that is translated into Polish literally as premia roczna. However, it has
to be highlighted that the term premia roczna is more often referred to in Poland as
trzynastka (thirteen [pay]). Since the term trzynastaka is unknown in English culture
and the meaning of premia roczna is equally clear to a Polish reader I have chosen the
latter as a safer but equally adequate option.
b)
Partial equivalence occurs when the Polish and English legal concepts are quite
similar and the differences can be clarified, e.g. by lexical expansion.
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The next example belonging to this group of equivalents is the term contract (ST1).
The Polish concept of contract (kontrakt or umowa) is much broader than its English
equivalent as it also incorporates the legal notion of the semi-technical term agreement,
which is discussed further in point 3.3.2. The word contract (kontrakt) is also an
example of the etymological equivalents that often belong to the group of partial
functional equivalents. Since in this case the translation was into Polish the term was
translated literally, i.e. umowa, maintaining its intended English meaning.
Another term Council Tax (ST2) is a tax levied on households by local authorities in the
United Kingdom. This tax shares many similarities with Polish podatek miejski (Town
Tax). Nonetheless, these taxes are calculated slightly differently in Poland and in the
United Kingdom and thus, for the purposes of translation that can be used in a court of
law, after translating the term as podatek miejski it is necessary to add (Council Tax) in
brackets for further clarification.
c)
Non-equivalence occurs when only few or none of the important aspects of Polish
or English legal concepts coincide or if there is no functional equivalent in the
target legal system for a specific ST concept.
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out certificate does not exist in the Polish legal tradition. For the purpose of the official
translation of contracts the legal meaning of this non-equivalent term is most precisely
conveyed by the use of a descriptive paraphrase with the original in parenthesis:
Zawiadczenie o odczeniu si drog umowy (contracting-out certificate) Certificate
confirming contracting-out by way of agreement (contracting-out certificate). Since the
Act it refers to follows the term, it is the target readers responsibility to investigate the
legal implications regarding the certificate.
Another example of a non-equivalent term is severability (ST1). The term does not
have a functional equivalent in Polish legal terminology and none of the latest bilingual
or monolingual legal or general dictionaries used in the paper attempts to translate it. The
translator must thus first understand the implications of the term in English law and then
find a corresponding concept in the TL legal terminology. Severability is the title of a
contract clause that is intended to condense the meaning of the entire clause and which
defines consequences for the entire contract if part of the contract has become impossible
to fulfil or is no longer required. The term must not be translated as rozdzielno
(separation, divisibility) since then the clause could be interpreted in many ways in a
Polish context. Rather, it should be replaced by a neutral paraphrase: rozdzielna
interpretacja postanowie umowy (separate interpretation of the contract provisions [in
case of annulment]) that has the same legal effect as severability.
The ST3 term Assured Shorthold Tenancy has similar implications. Just as in the case
of severability discussed above, the term does not have a functional equivalent in Polish
legal terminology and none of the latest bilingual legal or general dictionaries used for
this paper attempts to translate it. The Assured Shorthold Tenancy provides an instrument
whereby the landlord can be certain of his right to repossess his/her property. It is based
on English Law, i.e. the Housing Act 1988 as amended by the Housing Act 1996, and the
legal concept of the Assured Shorthold Tenancy is therefore unknown in Polish law. The
use of the term shorthold tenancy could easily be misinterpreted by a translator
unfamiliar with the law as a tenancy agreement for a short period of time. In order to
resolve all possible ambiguities in understanding the entire meaning of the Assured
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Shorthold Tenancy, the alternative equivalent should contain some clarification. Thus the
paraphrase Umowa Najmu Zabezpieczajca Prawo Wasnoci Waciciela w Wielkiej
Brytanii (Tenancy Agreement assuring the ownership rights of the owner / landlord to
his/her property in the United Kingdom) followed by the original English term in
brackets (Assured Shorthold Tenancy), is in my opinion, the most appropriate way since
it also indicates to the judge the legal system according to which the term is to be defined.
Determining the acceptability of functional equivalents is, in my view, the most important
aspect of the process of legal translation and it frequently depends on the context.
arevi (2000: 242) suggests that when assessing the acceptability of a functional
equivalent the legal translator should take account of the structure, classification, scope
of application and legal effects of both the functional equivalent and its source term.
Therefore, when dealing with legal conceptual voids or partial equivalents a legal
background can be very helpful for the translator.
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render an accurate legal correspondence for official translations of contracts that can be
used in a Polish court of law. In my opinion, in this situation a descriptive paraphrase
with the original in parenthesis, most precisely conveys the legal meaning, and hence has
the same legal effect, indicating to the Judge that the term originates from a foreign legal
framework: wspyjca jako ona bez lubu wedug prawa zwyczajowego w Anglii
(common-law wife) (cohabiting without marriage with a woman described in English
Common Law as wife (common-law wife)).
An important translating rule to be borne in mind when using an alternative equivalent is
that the legal translator should uphold the principle of language consistency by using the
same equivalent everywhere reference is made to a particular legal concept. Akehurst (in
arevi, 2000: 254) points out that English courts presume that a difference of
terminology implies difference in meaning and thus the use of synonyms is objected to.
Polish courts take the same view. For example, the Employment Contract (ST1) defines
its subject i.e. Dr Smith, as an employee translated into Polish as pracownik. The term
employee must therefore be used throughout the document on all occasions when it
refers to the subject.
(zatrudniony, pracobiorca etc.), would suggest that they refer to another person, as would
any other corresponding Polish synonyms.
Lawyers agree that from their viewpoint the most effective way of translating legal terms
is to use descriptive paraphrases and definitions as these compensate for terminological
incongruency by presenting the legal information in neutral language (arevi, 2000:
253). This method, however, requires a certain degree of research, legal training and
relevant background knowledge on the part of the translator. Lawyers (arevi, 2000:
255) also recommend retaining the functional equivalent but followed by the borrowing
in parenthesis, with the aim of making it clear that the term derives its meaning from a
foreign legal system and thus must be interpreted with reference to the relevant foreign
law, i.e., taking the terms already analysed in point 2.2.1, Council Tax (ST3) should be
translated as Podatek miejski (Council Tax) and Housing Act 1988 (ST3) as Ustawa o
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Gospodarce Mieszkaniowej 1988 (W Wielkiej Brytanii) (Housing Act 1988 (in the
United Kingdom)).
In a situation where a legal text refers to a specific technical term this lexeme can be used
as a borrowing in the TT. Asensio (2003: 56) recommends that borrowings or loan words
are necessary when identification is the main concern, as is the case of proper nouns,
degrees, grades, etc. I do not agree that this recommendation always ensures the most
precise alternative equivalent since, for example, the title of doctor in ST3, abbreviated as
Dr. in Anglo-Saxon countries, is not always equivalent to the title of doctor in Poland due
to differences in the educational systems. Since it is not the main aspect of the translation
and so there is no more contextual information available, the title has not been altered in
the TT. Otherwise, an alternative with annotation would be necessary in order to draw
the attention of the judges / lawyers to the fact that the term should be interpreted as part
of a foreign system.
Borrowings without explanation and any naturalisations, modified phonologically or
graphologically, derived from them, should be avoided whenever an acceptable
equivalent already exists in the target legal system.
2.3
Translators who engage in the official translation of contracts that can be used in courts
of law and who, in Poland, are referred to as sworn translators, are subject to legal and
sociological factors that condition the way they translate.
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preferences, in order to produce a TT of the same legal effect as the original. My
presence might, when necessary, be signalled by those intrusions into the official
translations of contracts that are indicated by the use of square brackets, and aim at
further clarification of conceptual voids in order to ensure accuracy in understanding the
exact meaning of the ST by the target reader. Perhaps the need to certify my own work
enhances my self-awareness in pursuit of terminological precision. There are laws and
codes of ethics written for the monitoring of translation as a profession, regulating the
translator's relations with other translators and with clients. These are imposed by the
government (for instance the Polish Ministry of Justice) or by professional translating
associations such as the Polish Society of Sworn and Specialised Translators (TEPIS)
and, in the United Kingdom, the Chartered Institute of Linguists (CIL) and the Institute of
Translation and Interpreting (ITI). The Polish Court Translator Code and Translating
Rules for Translating Official and Legal Documents are quite precise and a translation is
presented in appendix 4. I believe that the TEPIS Code is useful as a reference and
justification for my translation choices presented in this paper. CIL and ITI each have
their own Code of Professional Conduct, although neither refers to legal translation in
particular.
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CHAPTER 3 THE TRANSLATION PROCESS
Meaning is a plural and contingent relation, not an unchanging unified essence, and therefore a
translation cannot be judged according to mathematics-based concepts of semantic equivalence or
one-to-one correspondence. (Venuti, 1995: 18)
Venutis concept of meaning highlights the complexity of the process of translating legal
terminology between two different legal systems. My translating process and strategy,
for instance, are based on several principles: preserving the information content so that
the TT has the same legal effect as the ST; preserving the communicative function of the
translation, i.e. contracts that can be used in a court of law; determining to whom the text
was addressed in the target culture; taking account of the situational factors of the
particular communication process; and taking account of the legal considerations and
context, e.g. the law governing the document.
The key aspects and problem areas in the translating process of the analysed texts, in
terms of terminology transfer between two different legal systems, are analysed
underneath.
3.1
This means that in order to translate the terminology of official contracts written in
different legal traditions accurately it is necessary to understand those traditions since
the main challenge of the legal translator is the incongruency of legal systems (arevi,
2000: 13). Sandrini adds that the translatability of legal texts depends directly on the
relatedness of the legal systems involved in the translation (1999: 17). The Polish legal
system is based on Roman law, i.e. on civil law, and has a civil code, the Civil Code of
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Poland. The supreme law in Poland is the Constitution of Poland. The United Kingdom
does not have a written' constitution and its law is made up of four main parts: statute
law, common law, conventions and works of authority. Common law that consists of
rules based on common customs and on judicial (court) decisions has therefore very little
relatedness to Polish civil law that is created by statue.
Polish and English history and tradition have also little in common and thus the
languages of law have been subject to very different influences. English legal terms have
their roots in Latin, French and Norman, Greek, Anglo-Saxon and English traditions.
Polish terminology originates from Latin and mainly from the western subgroup of the
Slavonic languages with some impact from the annexations Poland was subjected to
(Prussian, Austrian and Russian). The vast differences in the histories of Polish and
English law and the associated incongruency of terminology highlight the many
challenges in the official translation of the contracts analysed that are further discussed in
this chapter.
3.1.1 The function of contracts in two different legal systems
Before contracts are translated as official documents that can be used in a court of law, it
should be established how they are defined in the two different legal systems in order to
identify their purpose and consequently its possible impact on the translation.
The
function of the translated contracts is the same in both the civil and the common law
frameworks, i.e. formal instruction without option (Bell, 1991: 205), influencing future
usage and thus having a regulatory or prescriptive character (Treitel, 2004).
The
important consideration for a translator is that contracts are legally binding agreements
that will serve as normative instruments containing rules of conduct concurrently valid in
the TL and that they are interpreted according to the law governing them regardless of the
language in which they are written (arevi, 2000: 68). The above should be reflected
in translational choices in terms of terminology transfer, which will indicate to judges the
legal system according to which the term is to be defined. Polish judges do not know
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foreign legal systems and would therefore have to seek a relevant expert advice. In the
proposed translations, this system is English common law.
3.2
The linguistic principle maintains that communication is effective only if the text author
achieves interaction with the text reader.
Greg Myers proposes that the coining and acceptance of a term is a crucial step in
forming a disciplinary concept (2005: 187). Legal terms are dynamic in nature and their
meaning alters under the influence of changes in the social and cultural environment and
of the development of human knowledge and new technologies. In legal translation, the
technical accuracy of these subject-field notions is an essential prerequisite of good
justice (Alcaraz and Hughes, 2002: 5). The legal terms analysed in the assignment are
symbolic or representational signs that refer to things or ideas found in the world of
reality, physical or mental and they may be one-word units or compound units. The
concepts can be further divided into three subcategories i.e. purely technical legal terms,
semi-technical terms and non-technical legal terminology (Alcaraz and Hughes, 2002:
16). Purely technical words or phrases are restricted to a specific legal framework. The
second subcategory of semi-technical terms consists of vocabulary and phrases from
everyday language that also have additional meaning relating to their legal context. In
terms of translation techniques the semi-technical lexical items are more likely to belong
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to the group of near and partial equivalents, with certain cases of non-equivalence,
already analysed (see 2.2.1). The third group of legal terms consists of non-technical
terminology which is the everyday lexis used in legal texts. This section will analyse the
translation process for the three groups of terms and will highlight key aspects and
problem areas in terms of terminology transfer between Polish civil law and English
common law. The analyses are based on the official translations of contracts provided in
appendix 1.
3.3.1
Purely technical terms are monosemic, semantically stable and unambiguous and almost
exclusively attached to their legal context. The interpretation of a legal contract largely
depends on the correct translation of these terms. This is because they contain a great
degree of foreign law content. The terms are often highly culture-bound and thus are
easy to distinguish from the rest of the lexical items of any legal text. Alcaraz and
Hughes (2002: 17) refer to this group of legal vocabulary as true terms of art that can
only be adapted or left untranslated. In the absence of a functional equivalent in the
target legal system for system-bound source terms, the translator must select an
alternative equivalent as discussed above in points 2.2.1 and 2.2.2 of this paper.
Several of the purely technical terms and the problems they pose for translation have
already been looked at in chapter 2, i.e. Assured Shorthold Tenancy, Common-law Wife
and Contracting-out Certificate. The following examples further highlight the problem
areas in the official translation of contracts that can be used in a Polish court of law in
terms of terminology transfer between two different legal systems.
Tenants in Common
This technical legal phrase has a unique meaning in English common law. English law
explains tenancy in common as equitable ownership of land by two or more persons
(Dictionary of Law, 2003: 493). A tenant in Polish and English legal understanding is
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one who rents from a landlord. In Polish civil law tenant is further divided depending
on the type of rent or lease. One who rents land is dzierawca (tenant) and one who
rents a flat or house is lokator, najemca (tenant). However, neither of these meanings is
applicable here since the contract refers to ownership and not rental.
Bilingual
The Parties agree that they shall hold the beneficial interest in the Home as tenants in
common in equal shares. (6)
TT2:
BT:
The Parties agree to announce that they co-own the Home (tenants in common) in which they
have the same share of the beneficial interest.
Common law
Common law is a general system of law deriving exclusively from common customs and
court decisions in England. Some scholars i.e. Alcaraz and Hughes suggest that the term
may appear untranslated in the TL, either because it is very well known even to
moderately cultivated jurists or because it is extremely complex technically and therefore
it is easier to understand [it] conceptually than to translate [it]' (2002: 155). This could
be a reason why some Polish/English legal dictionaries avoid providing a translation for
the term i.e. Myrczek (2006). Other researchers i.e. Oga (2006) and Jalan, J. and
Jalan, H. (2004) provide a selection of propositions on how to translate common law
into Polish language.
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zawartego w ustawach) (customary law (in contrary to law outlined in statutes)), prawo
cywilne (civil law) and prawo precedensowe (case law).
A translator with a legal background in both Polish and English law is perhaps more
likely to avoid translating 'common law' into prawo cywilne (civil law) without further
clarification, since this could lead to misinterpretation.
usually drawn between the two systems is that common law draws abstract rules from
specific cases, whereas civil law starts with abstract rules, which judges must then apply
to the various cases before them. The contextual differences between Polish and English
law are analysed further in point 3.1 of this paper.
In the TT4 the term was translated as prawo zwyczjowe (customary law thus not a
civil law that is outlined in statute). The translation was followed by the original term
'common law' in brackets for further clarification. This way the term is easy to read and
understand by a Polish legal professional, yet it maintains its precise original meaning.
ST4:
TT4:
BT:
This guarantee is subject to English customary law (common law) and [English]
criminal law
3.3.2
Semi-technical terms
The semi-technical legal lexis represents perhaps the most problematic group of terms for
a translator between the English and Polish languages, since it can contain terminology
with one or many meanings in the everyday language as well as one or many meanings in
the specialised legal context. The number of semi-technical terms is also constantly
growing, which means that any popular general word might in time acquire a legal
meaning in view of the expansion of the law to meet the developing requirements of
social evolution. The expansion of meaning is not always obvious, especially at its initial
stages. Moreover, semi-technical terms are semantically more complex than the other
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two groups of legal terms i.e. technical and non-technical, and their translation is
therefore complicated by their additional and often connotative meaning, the range of
partial synonyms and the context. The following section will provide some examples of
such terms present in the translated texts and the way they were translated for the purpose
of legal contracts that can be used in a Polish court of law.
Guarantee
The word guarantee and the related English word warranty have a number of legal
meanings in both Polish and in English laws. Depending on the context, the English lexis
guarantee often has to be translated by a Polish term other than its literal translation
gwarancja, i.e. zapewnienie (assurance), or additional words have to be added in order
to reflect the original legal guarantee sense in the Polish language, e.g. klauzula
gwarancyjna (guarantee clause), gwarancja jakoci (warranty of quality) etc. The most
popular meaning of the term is attached to responsibility for the quality of the product or
services provided, and in this sense it might be used interchangeably with the term
warranty:
ST5:
This warranty is expressly in lieu of all other warranties or conditions, expressed, implied or
statutory, including any implied warranty of merchantability or fitness for particular purpose.(6)
TT5:
BT:
This guarantee clause expressly excludes the use of all other warranties of quality or
conditions, expressed, implied or statutory, including any implied warranty of quality for
merchantability use or fitness for particular purpose.
The term can also refer to someones guarantee of his/her eligibility or authority and in
this case it has to be translated by a different Polish term to reflect the English legal
meaning:
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ST4:
The Guarantor warrants and represents it has full authority to enter into this guarantee. (11)
TT4:
Gwarant zapewnia, e jest w peni uprawniony do zawarcia niniejszej gwarancji zapaty. (11)
BT:
The Guarantor assures that s/he has full authority to enter into this guarantee of payment.
Another English meaning of the word is the liability for a debt where a third party
(Guarantor) provides financial cover for a legal or natural person who takes a loan from a
creditor. In this case, the word usually has to be complemented by an additional word i.e.
gwarancja zapaty (guarantee of repayment) or substituted by another word since its
direct translation would render the TT meaning very imprecise, and in the case analysed,
simply unacceptable:
ST4:
TT4:
Gwarancja zapaty wymagana na mocy niniejszej Umowy jest bezwarunkowa i cakowita (7)
BT:
Equity
This term has many English legal meanings that can in turn be translated into many
Polish equivalents of a purely technical, semi-technical and general nature.
When
approaching the translation of the lexical item equity its context has to be analysed first.
The ST2 example refers to general financially viable assets and not to a regulated scheme
of legal principles. This assessment narrows the translation choice to several meanings
i.e. akcja/e zwyke (ordinary share/s), kapita wasny (own capital), fundusze wasne
(own funds), rodki wasne (own means), cz majtku pozostaa po spacie wszystkich
zobowiza oraz dugw (residue), udzia w zysku (share of profit), prawo do dywidendy
(right to dividends). This list is not exhaustive.
ST2:
Any money in any bank or building society account maintained separately by either Party or any
other individual accumulation of equity shall belong to that Party alone. (8)
TT2:
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BT:
All funds that belong to the separate bank or building society accounts or any other individual
accumulation of own means shall belong exclusively to that Party that owns them separately.
The example above refers to individual (own) general personal economic assets and
therefore, in this case the general term rodki wasne (own means) is, in my opinion, the
most accurate translation choice.
Agreement
In general terms this semi-technical lexical item means accordance in opinion or feeling
or consistency (Collins English Dictionary, 2007) and thus it can have an array of
Polish equivalents that all mean agreement: zgoda, porozumienie, ugoda,
uzgodnienie, zobowizanie and ukad. The selection of the correct Polish equivalent
relies firmly on the context. When the situation relates to ST1 collective agreements in
force directly relating to the terms of the employment, the analysis of parallel corpora
shows that there are two equivalents that should be used: uzgodnienie or
porozumienie. The term uzgodnienie is more appropriate in this case because of its
connotative Polish meaning of result of something:
ST1:
TT1:
BT:
In a second example of the normal meaning of the term agreement in English, the
correct Polish equivalent is zgoda, because in the Polish language it refers to approval
and thus fits the context of the original message:
ST2:
TT2:
BT:
The legal meaning of agreement is a less formal term than contract and must therefore
be translated with this connotation in mind in the context of the ST. It has to be
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mentioned that the most widely recognised legal translation of the word agreement into
Polish is the term porozumienie, which has a different connotation and often relates to
an agreement made between parties with the aim of finishing some conflict, making a
business or political deal etc.
ST2:
TT2:
BT:
Cohabitation Contract
ST3:
TT3:
BT:
Rental Contract
Claim
The general sense of this semi-technical term is the assertion of a right or demand. In
common law claim means a demand for a remedy or assertion of a right, especially the
right to take a particular case to court (Dictionary of Law, 2003: 83). In Polish civil law
the term has a broader meaning and might relate to situations that can be resolved in court
or outside it. The translator thus has to select a Polish equivalent with the same legal
effect from a selection of words with their different semantic fields depending on the
context, i.e. roszczenie (claim/pleas), danie (demand), uprawnienie (right), skarga
(complain), zaalenie (complaint), pretensja (claim), utrzymywanie e (maintaining
that),
zapewnienie
(assurance),
owiadczenie
(declaration/statement)
and
The Landlord agrees that the Tenant may live in the Property without unreasonable interruption
from the Landlord or any person rightfully claiming under or in trust for the Landlord. (27)
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TT3
BT:
The Landlord confirms that the Tenant may live in the Property without unreasonable interruption
from the Landlord or any person acting within legal rights or in trust for the Landlord.
Damages
The word damages has direct one-to-one equivalent in the Polish word szkody. The
legal meaning of the term is, in this context, translated into Polish as odszkodowanie
(compensation).
ST1:
The Employer hereby shall be entitled to apply for an injunction to prevent such disclosure or use
and to seek any other remedy including without limitation the recovery of damages in the case of
such disclosure or use. (16)
TT1:
BT:
The Employer is entitled to apply for an injunction to prevent such disclosure or use and to seek
any other remedy including unlimited compensation in the case of such disclosure or abuse.
3.3.3
Non-technical terms
These terms are general words that have maintained their everyday meaning without
acquiring legal import but regularly occur in legal texts. They are usually easier to
understand than to translate because they often are contextually bound. The following
examples of such lexical items will illustrate some key aspects and problem areas in
terms of non-technical terminology translation.
Section
ST1:
section 1(1)(a) Employment Rights Act 1996. (4) [section 1 subsection 1 paragraph a]
TT1:
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Section might be a problematic term. First of all, there is a Polish homophone, in the
word sekcja, that has the outward appearance of an equivalent but is a false friend.
Sekcja indeed means section in BT but in Polish relates to a part of something, which
is relevant to the context and thus it could be very misleading.
translation into Polish in the case of the ST1 contract is paragraf. It could also have
been translated as rozdzia (division) if the contract was very lengthy or artyku
(clause), if it was used in other legal documents, acts or statutes. The Polish word
paragraf could be confused with its English false friend paragraph that in turn is
another division of Anglo-Saxon legal texts that is of lesser importance than section.
Symbols marking non-technical terms in Polish and English texts could also be very
misleading. The sign in English refers to section and in Polish to paragraf, which,
as mentioned above, could be confused with the English paragraph denoted by the
sign.
After the termination of this Agreement the Employee shall not disclose or use any of the
Employers trade secrets or any other information which is of sufficiently high degree of
confidentiality to amount to a trade secret. (16)
TT1:
Po rozwizaniu niniejszej umowy pracownik nie ujawni lub naduyje jakichkolwiek tajemnic
dziaalnoci gospodarczej pracodawcy lub wszelkiej innej informacji wystarczajco poufnej by
przyczyni si do ustanowienia tajemnicy dziaalnoci gospodarczej.
BT:
After the unfastening of this Agreement the Employee shall not disclose or abuse any of the
Employers trade secrets or any other information which is sufficiently confidential to amount to
a trade secret.
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Consent
Consent is defined as deliberate or implied affirmation, compliance with a course of
proposed action (Dictionary of Law, 2003:106). It is therefore congruent with the
general definition of the term that refers to giving permission, approving or agreeing to
do something (Concise Oxford English Dictionary, 2002: 303).
Depending on the
context the term must be translated into one of a range of general Polish terms that
regularly occur in legal texts to mean permission or approval.
ST2:
This Agreement shall be varied only by written consent of the Parties. (11)
TT2:
Niniejsza Umowa zostanie zmieniona wycznie poprzez pisemne pozwolenie Stron. (11)
BT:
ST3:
TT3:
BT:
Dispute
In English the term has several meanings and mainly refers to debate, argument, quarrel,
calling into question and/or opposition. In Polish it also has a range of meanings but in a
legal context it is usually limited to general connotations: spr (dispute), zakwestionowa
(argue, oppose). If the problem causing the dispute is not rectified by the responding
party then it becomes a legal dispute to be resolved by the Court, as per the example
below. In this context the non-technical term has only one Polish equivalent i.e. spr
prawny (legal dispute).
ST4:
This guarantee is subject to English law and the parties agree to submit to the exclusive
jurisdiction of the English courts in connection with any dispute hereunder. (13)
TT4:
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BT:
This guarantee is subject to English law and the parties agree to submit to the exclusive
jurisdiction of the English courts in connection with any legal dispute under this Agreement.
Termination
Termination means bringing something to an end and in a general context it is cognate
with the Polish term terminacja. The English terms meaning is much broader than that
of the Polish term as it might refer to assassination, abortion, end of employment, etc.
The Polish language has a more specific vocabulary to describe similar concepts. The
literal translation of the word 'termination' is therefore rarely used and as shown below, it
is strictly related to the context of the text or discourse.
In the context of the termination of employment when one party exercises its right to
terminate the contract for any reason, the correct Polish term is the semi-technical
wypowiedzenie (give notice).
ST1:
TT1:
BT:
However, when the termination refers to the cessation of an agreement or contract when
both parties amicably choose to finish it, the correct Polish non-technical term used
should be the neutral word rozwizanie (lit. unfasten or undo).
ST2:
TT2:
BT:
3.4
Latin terms
A significant part of Polish and the English legislation was set down in the Middle Ages
when Latin was the lingua franca throughout Europe for legal professionals and scholars.
This does not mean, however, that Latin terms used in legal contracts always have the
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same meaning in each language. This is because they have over the centuries been
subject to their unique national influences. Therefore, according to arevi: instead of
serving as a reliable source for alternative equivalents, the use of Latin phrases by
lawyers generally makes the translators task more difficult (2000: 264). The decision
relating to the translation of the type of terms found in the contracts that can be used in a
court of law must be made in accordance with the accepted standard practice in Poland,
i.e. the target legal system. In Poland, official translators are authorised to translate
between certain specific languages. If the English contract includes a term or terms in
Latin, that term or terms should be kept unchanged in the translation. This instruction is
specifically stipulated in the Polish Court Translator Code 2000 that can be viewed at the
TEPIS website at <http://www.tepis.org.pl/biuletyn/40/tepis.htm>, which has been
translated in the appendix 4, and it is as follows:
The use of one target language in the entire documents translation, i.e. the language of the
chosen country or one of the countries within the language zone, with other language inclusions if
this was the originals author intention;' 26 (1)
This means that the term must firstly be explained by a lawyer from the relevant legal
system. The translator might, if s/he so wishes and if s/he is qualified so to do, add a
definition of what the term means in Common law as an annotation. Otherwise, the
translator must draw the matter to the attention of the client and leave it to him/her to
seek further clarification.
Based on the above information I have translated the Latinisms in the texts analysed as
follows:
ST2:
TT2:
BT:
(1) Dotyczy osoby niepenoletniej oraz nie w peni uprawnionej (describing the status of a person who is
not of full age and capacity).
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ST1:
TT1:
BT:
(2) Latinism odpowiednik angielskiego bez powiadomienia (Latin term that refers to English without
notice).
As shown above I have provided annotations as an extra aid to point the interpreting
lawyers in the right direction although this is not an official requirement.
In the official translations of contracts from English into Polish it is also permissible to
insert the following phrase and thus avoid any responsibility for the Latin words: The
original document contains third-language expressions which have not been translated.
3.5
The presence of French or Norman terms in English contracts and also in other English
legal texts is due to the Norman invasion of 1066 and the subsequent French influence.
The rules for dealing with these terms in official translations of contracts are essentially
the same as the ones used to resolve the problems involved in translating Latinisms,
already discussed in point 3.4.
Hence, the following translation of the term chose, which could be confused with the
past tense of choose:
ST3:
TT3:
BT:
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3.6
The Germanic invaders, who spoke Anglo-Saxon, left their stamp on English history in
the form of many terms and expressions they introduced that have survived in todays
English legal language. In legal contracts and other English legal texts references are
constantly being made to very old texts, such as judicial decisions, wills or venerable
text-book definitions, which are quoted in support of legal arguments about the
continuing validity of rules, doctrine or precedents. Many of these terms belong to the
subcategory of purely technical legal terminology already discussed in point 3.3. This is,
however, not always the case. Some of the terms are examples of everyday vocabulary
also present in English legal texts where their meaning might change depending on the
context. One example of an archaic term of this kind is the word sound. Unsound is
an adjective that in the context of the ST1 means unhealthy and thus in TT1 the term
was changed to schorzenie (illness).
ST1:
TT1:
BT:
The term sounding in the context of damages means in the ST4 an action brought by an
unpaid creditor for damages rather than simply to recover the debt.
ST4:
TT4:
BT:
The archaic Anglo-Saxon terms are very problematic for the Polish translator and indeed,
they often are also very difficult for native English speakers to understand. Hence the
Plain English Campaigns repeated efforts to simplify legal language in the face of
consistent resistance from lawyers who maintain that:
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technical accuracy is an essential prerequisite of good justice and that if linguistic precision is
watered down to suit the demands of an uncomprehending majority, legal certainty will all but
disappear. (Alcaraz and Hughes, 2002: 5)
3.7
Terminological errors
In contrast to arevis view, Asensio (2003: 102) suggests that errors with respect to
facts should be treated with common sense. By this he understands that on some
occasions they should be translated literally but on the other occasions this would not
contribute anything positive to the translated text and they should be corrected or
improved (2003: 63). Thus, errors such as the one described below should, in my
opinion, be corrected when translating official documents.
However, both views are useful depending on the type of error and the individual context
of the authenticated translation. On one occasion in the ST1, I have amended with
annotation a source of potential misunderstanding in the TT in the full realisation that any
terminological correction in official legal texts is very unwelcome. In this case the
Contractor (ST1) was changed to Pracownik (TT1) (the Employee).
The word
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pracownik (employee) providing appropriate annotation.
Terminological vagueness
interpretation. This puts the legal translator into a difficult position since it is generally
emphasised that the translator must avoid interpreting legal uncertainty because this is a
task for legal professionals. Therefore, Germar (1995a: 143) suggests that it is very
important for legal translators to be trained to interpret legal texts. The issue of whether
and how an official translator would benefit from legal training when dealing with
terminological problems in contracts has been analysed in greater detail in a survey
carried out among experienced translators working with the language pair Polish/English.
The survey results are presented in Chapter 4.
The examples of vague terms analysed below refer to certain standards of conduct
relevant to legal practice in England that often have no meaning in Polish legal tradition.
My aim therefore is to point out that they sometimes have to be interpreted by the
translator on the basis of legal research and/or consultation with a lawyer in order to
make the text logical, often preventing misinterpretation by the target reader. When
possible, as in some of the examples presented, the interpretation must be left to a legal
professional.
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Reasonable
The word reasonable means rozsdny in Polish. This is a very common term in
English contracts whereas it is unknown in Polish civil law and would thus require
further clarification.
appropriate, rightful etc., will usually have to be used in the official translation:
ST3:
TT3:
BT:
In Polish law the parties to the contract would have to agree between themselves what
standards of practice they mutually understand to be reasonable and/or unreasonable
and include the definitions in the agreement. Otherwise, the translator has to make sure
that the judge / lawyer who interprets the official translation knows that the word
reasonable refers to English legal understanding and must therefore be interpreted in
this light.
The best interest of...
In the best interest of is a very ambiguous phrase that might mean many things even in
English. In analysing the ST2 example below, the Polish lawyer should seek clarification
as to whether the idea of what is the best for a child in English common law is the same
as in Polish civil law. In this particular context of the Cohabitation Agreement, the view
of the Polish legal tradition, immersed as it is in the Catholic social context, is that it
would be in the best interest of the child not to be born outside a marriage. The phrase
might therefore have a slightly broader meaning than the English meaning that refers to
acting in order to protect the minor in general. After analysing the context of this case, I
left its interpretation to the Polish lawyer and translated the phrase literally.
ST2:
'it is in the Childrens best interest that the legal guardian shall remain in the Home with
them...'
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TT2:
'w najlepszym interesie Dzieci ley aby opiekun ustawowy pozosta z nimi w Domu...'
BT:
'it lies in the Childrens best interest that the legal guardian shall remain in the Home with
them...'
In a tenant-like manner
The example above refers not only to differences between civil and common legal
systems but also to cultural differences in Poland and in England. In Poland 85 percent
of the population lived for 50 years as tenants in governmental flats and each tenant could
do as s/he wished e.g. redecorate, or have pets or an unlimited number of flat shares etc.
For some, in particular the older Polish generation, this perception of a tenant-like
manner still applies. Tenants in England are usually more restricted regarding what they
are expected or allowed to do in their rented properties. Since the contract is based on
English law, I clarified the matter by adding English and the foreign tenant would be
probably advised by his/her agent to carry out additional research on this subject.
ST3
Tenant is responsible by virtue of his duty to use the Property in a tenant-like manner (31)
TT3
BT
Tenant is responsible by virtue of his duty to use the Property in a [English] tenant-like manner
Fair
Another term often used in English legal contracts is the word fair. Its meaning
depending on the context can be rzetelnie (honestly / properly) or sprawiedliwie
(honestly / fair).
Since the use of word fair is unknown in Polish legal practice, the author of the ST
would be requested by a legal professional to define precisely what exactly s/he
understood by it.
ST3:
TT3:
BT:
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Best practice
This phrase does not appear in Polish legal language and its literal translation has no
meaning in Polish civil law. It can however be interpreted in such a way as to represent
the same meaning in Polish legal tradition, retaining the same degree of ambiguity:
ST1:
TT1:
BT:
represent a way of conduct that has been agreed by the company as the most appropriate
3.9
English business entities and names of institutions and legal acts also come into the
category of legal terminology that might cause problems in translation between two
different legal systems.
3.9.1
Business entities
The legal classification of business entities appears in all corporate contracts. Differences
in common law and civil law result in several degrees of terminological incongruency
between Polish and English business entities, varying from almost identical concepts to
near and partial equivalents and to terms with no comparable counterparts in the TL.
Over recent decades, the Polish national business infrastructure has been changing from
communist-type state ownership to privately-run enterprise and company law is
consequently subject to ongoing changes. The translator must be aware of all of these
legislative developments as they incur ongoing terminological changes. The examples
given below highlight some key aspects and problem areas in the translation of this group
of legal terms.
Company
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It should be emphasised above all that the semantic field of company is organised
differently under the English common law and Polish civil law systems. The main
difference is that English law makes a finer distinction - between unlimited and limited
companies, companies limited by guarantee and by shares and private and public
companies. By contrast, all Polish companies are limited and are limited only by shares;
however, their breakdown into Spka z ograniczon odpowiedzialnoci (Limited
Liability Company) and Spka Akcyjna (Public Limited Company / Public Joint Stock
Company) is not based on the criterion of whether they are private or public. Thus, the
boundaries of the TL and SL concepts will inevitably differ.
Another difference is that the English system specifically divides entities into two types
using two separate terms: individual trader/ partnership corresponding to the Polish
spka osobowa (partnership company) and company spka kapitaowa (capital
company). This indicates that the Polish term spka does not have an equivalent at the
same level of specificity, i.e. Polish uses a more general term while English has more
specific lexemes for the same subject.
Public Limited Company
ST1, 2
GlobalMedia plc
TT1, 2
BT:
The English entity Public Limited Company (plc) shows a relatively high degree of
conceptual similarity to the Polish business entity spka akcyjna abbreviated to S.A.
[joint-stock company].
Since the main difference between the two entities is that the S.A. does not have to be a
public company while the plc is, I have added. publiczna [public] before S.A and this
precisely reflects the meaning of the SL term plc.
Limited Company
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Limited or Ltd companies are private companies limited by shares or guarantees in the
United Kingdom. The entity is highly comparable to the Polish business entity Spka z
ograniczon odpowiedzialnoci (Sp. z o.o.), however the Polish Sp. z o.o. is not always
private. Consequently, it can be used as a functional equivalent when word private is
added.
ST4:
TT4:
BT:
3.9.2
Names of English institutions and legal acts are usually translated literally to facilitate
their identification (arevi, 2000: 259).
institutional terms are available from the terminological departments of the particular
organisations and some professional organisations for legal translators such as TEPIS. As
a rule, a translator should normally use the official or generally accepted translation of
any institutional term (Newmark, 2005: 89), even when the translator believes that s/he
can produce a better one.
The original name should be provided in brackets in order to indicate the system the
name originates from and for the purpose of further clarification.
ST5:
DVLA (5)
TT5:
Agencji Prawa Jazdy i Licencji Pojazdw (DVLA) (Driver and Vehicle Licensing Agency
(DVLA)) (5)
BT:
ST1:
TT1:
BT:
CHAPTER 4 SURVEY
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Several scholars, e.g. Germar (1995a: 143) and Rayar (1990: 643), suggest that it is
imperative for legal translators to be legally trained in order to interpret legal texts. Legal
as well as linguistic qualifications are required from all Polish legal translators at the
European Court of Justice. The main aim of the survey contained in appendix 3 was
therefore to elicit and present opinions, drawn from the practice of experienced legal
translators working with the language pair Polish/English, as to whether and/or how legal
training is important when it comes to the translation of contracts that can be used in a
court of law. The survey conclusions also assess to what degree, in the opinion of the
translators, it is possible for a translated contract to have the same legal effect as the
original and proposes the most accurate form of terminology translation. The results
summarise the changes that have influenced official legal translators of contracts working
with the aforementioned language pair.
According to the 57 replies received, the most favoured way of resolving problems of
incongruent legal terminology in official translations of contracts (translators were
allowed to select between several methods) are: functional equivalents 100%, followed
by neutral terms 98%, descriptive paraphrases 95% and annotations - 35%. All the
translators who use annotations stressed that they provide them only when necessary
unless their clients require them to do otherwise. This means that experienced translators
believe that the best way to translate the terminology of contracts is to choose a method
that aims at incorporating all the SL information into the main body of the translated
document.
None of the translators found legal training or access to it not useful for dealing with
terminological issues. Experienced translators of legal contracts therefore agree that they
benefit or would benefit from it, with 67% considering it to be necessary.
The largest proportion (49%) of the translators claimed that perfection exists, i.e. that it is
possible for the translated contracts to have the same legal effect as the originals. This
group included 39% (out of the 49%) with no legal training and 10% (out of the 49%)
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with legal training. The second-largest group (47%) were translators who believed that,
on average, it is almost possible for translated contracts to have an identical legal effect to
the original. Of this group, 44% (of the 47%) had legal training and 3% (of the 47%) did
not. The translators with training in both Polish and English law all belonged to this
group. This might mean that a legal background helps translators to understand the
complexity of legal contracts and thus increases their sensitivity to their legal content.
This in turn, in my opinion, is likely to increase the quality of translation. The second
groups higher degree of self-criticism might be misleading. In fact, this group has more
representatives with legal experience and thus it might on average provide translations of
contracts of more accurate legal effect than the first group, but make a less superficial
judgement about their quality. However, this would have to be confirmed by analysing a
number of official translations of contracts done by both groups.
As an additional observation 14% of the translators surveyed pointed out that literal,
word-for-word translation is sometimes required from them by their clients when
translating contracts that can be used in a court of law. This observation is relevant to the
paper because in this case the emphasis on translators comprehension of legal points
decreases since there is no need for interpretation.
translated contract suffers, making it harder to understand for a legal professional from
the other legal system. Should the demand for this type of translation continue, then legal
training for translators might not be considered worth investing in since it would not add
any value to the quality of translation. The translators opinions suggest that requests for
literal translations seem to be a decreasing phenomenon with some translators refusing to
undertake such assignments.
Social and political changes - globalisation, the ongoing expansion of the European
Union, the influx of foreign companies into domestic markets, international corporation
mergers or franchises, increased mobility of employees and the progress and
development of information technology where the main language is English - are already
influencing the legal translation professionals working in the Polish/English language
pair. This is particularly true of the official translations of contracts since this type of
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document is exchanged on an everyday basis and thus perhaps represents the most
requested type of official translations. All these changes call for greater professionalism
in the field. There are already a number of relatively new international examinations,
mentioned by translators in the survey, that confirm the level of English legal language
skills for translators specialising in legal translation i.e. the International Test of Legal
English Skills (TOLES) or the International Legal English Certificate (ILEC). The
requirement that a legal translator should have this type of qualification and/or certificate
is becoming more and more popular among employers and clients but for the present, as
indicated by the results of the survey, sound experience in the legal translation of
contracts and thus equally close acquaintance with the legal cultures of both the ST and
the TT are the prevailing criteria.
CHAPTER 5 CONCLUSIONS
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When translating from one legal system into another the differences between those
systems have to be taken into consideration. The level of equivalence of terms depends
on the extent of relatedness of the legal systems and not of the languages involved.
The study highlights some key aspects and problem areas in the official translations of
legal contracts that can be used in a Polish court, in terms of terminology transfer
between two different legal systems. The main issues that the study draws attention to in
this respect, together with the practical approaches that were taken to resolve them, are:
different categories of terminological equivalence in the translation of legal terms,
different types of legal terminology, terminological errors, terminological vagueness and
the associated problem of interpretation as well as sources for authoritative legal
terminology such as the translation of names of English institutions and legal acts.
Based on the opinion of 96 per cent of the experienced translators questioned in the
survey, and the results of the analysis of examples from the proposed translations, it has
been demonstrated that official translations of contracts that can be used in a court of law
may have the same or nearly the same legal effect as the originals. This is possible
despite the conceptual differences between common and civil laws. In theory, the most
accurate official translations of legal contracts in terms of legal terminology transfer
would be the ones in which nothing was hidden from the reader, all problems were
elaborated on and all defects of the original were noted. The analysis confirmed that in
practice, the translator is required to make a decision and avoid lengthy explanatory notes
by incorporating all the information into the main body of the translated contract. The
most successful way to achieve this in terms of legal terminology transfer appears,
according to the results of this study, to be an official translation based on functional
equivalents.
As shown in this paper, legal language is formalised at lexical, syntactic, textual and
generic levels. Legal terms are not emotionally charged in English contracts and their
official translations into Polish. The essential meaning of many terms is inherently
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connected with the tradition of the legal culture they originate from and with their
context, and thus the terminology always has to be assessed separately in relation to
varying circumstances. Therefore, a translator who deals with the aforementioned type of
translation would benefit from at least a certain degree of legal training, ideally in both
source and target languages, in order to resolve terminological issues. The survey shows
that trends in legal translation and the opinions of experienced professionals confirm this
view.
In official
translations of contracts any such interpretation must be approached with caution since,
as highlighted in this assignment, for the translator, the purpose of interpretation is to
decide on the closest possible equivalence in the target language, while for the judge it is
to match up the resulting propositions against the definitions established in existing law
(Alcaraz and Hughes, 2002: 24).
REFERENCES
www.harroptranslations.com
301 Legal Forms, Letters and Agreements (2005). London: Lawpack Publishing.
Alcaraz, E. and Hughes, B. (2002) Legal Translation Explained. Manchester: St. Jerome
Publishing.
Asensio, R. M. (2003) Translating Official Documents. Manchester: St. Jerome
Publishing.
Belitt, B. (1978) Adam's Dream: A Preface to Translation. New York: Grove Press.
Bell, R. T. (1991) Translation and Translating: Theory and Practice. London: Longman.
Chrom, M. (2004) Legal Translation and the Dictionary. Tbingen: Max Niemeyer
Verlag.
Colins English Dictionary (8th eds.). (2006) London: HarperCollins.
Concise Oxford English Dictionary. (2002) Oxford: Oxford University Press.
Dictionary of Law (5th eds.). (2003) Oxford: Oxford University Press.
Doonan, E. (1995) Drafting. London: Cavendish Publishing.
Encyclopeadia of [Polish] Law. (2004) Bielsko-Biaa: Park.
Gmar, J. (1995a) Traduire ou lart dinterprter, Fonctions, statut et esthtique de la
traduction, tome 1: Principles, Saint-Nicolas (Qubec): Presses de l Universit du
Qubec.
Garzone, G. (2000) Legal Translation and Functionalist Approaches: a Contradiction in
Terms?. In ASTTI/ETI (2000), p. 395-414.
Groot de, G.-R. (1998) Language and Law. In Netherlands reports to the fifteenth
International Congress of Comparative Law. Antwerp and Groningen:
Intersentia,
p. 2132.
Hatim, B. and Mason, I. (1990) Discourse and the Translator. London: Longman.
Holland, J. A. and Webb, J. S. (2003) Learning Legal Rules. Oxford: Oxford University
Press.
Jalan, J. and Jalan, H. (2004) English - Polish Dictionary of Legal and Economic
Terms.
Warsaw: Wiedza Powszechna.
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1.
THIS AGREEMENT IS MADE the 15th day NINIEJSZ UMOW zawarto w dniu 15
of August 2007
sierpnia 2007 roku
2.
3.
4.
5.
6.
WYNAGRODZENIE ZASADNICZE I
WIADCZENIA. Pracodawca
zobowizany jest to pacenia Pracownikowi
wynagrodzenia zasadniczego w wysokoci
185000 GBP na rok w rwnych, zalegych
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on an annual basis by the Compensation
Committee in the discretion of the Board of
Directors. The base salary will be subject
to statutory deductions and will comprise a
number of elements which may include:
7.
8.
PREMIA OKOLICZNOCIOWA. W
uznaniu i w podzikowaniu za wyniki pracy
Pracownika, przedsibiorstwo zapaci
Pracownikowi specjaln premi uznaniow
w wysokoci do 30000 GBP patn
jednorazowo w sierpniu w czasie okresu
zatrudnienia, wczon do najbliszej
wypaty wynagrodzenia zasadniczego.
Niniejsza patno jest podporzdkowana
standardowej praktyce wypaty wynagrodze
i podlega obowizujcemu podatkowi
pobieranego zaliczkowo.
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one hour for lunch between the hours of
12pm to 2pm, and the Employee may from
time to time be required to work such
additional hours as is reasonable to meet the
requirements of the Employers business at
no additional payment.
10
11
WIADCZENIE EMERYTALNE.
Pracownik jest upowaniony do przyczania
si do systemu emerytalnego Pracodawcy,
ktrego szczegy s przedoone w
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Pension Scheme which is available on
request. A contracting-out certificate under
the Pension Schemes Act 1993 is in force in
respect of this employment.
ZACHOWANIE POUFNOCI.
Pracownikowi wiadomo jest, e w czasie
zatrudnienia moe mie dostp do poufnych
informacji dotyczcych pracodawcy i jego
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Employers business. The Employee shall
not during the term of this employment
disclose or allow the disclosure of any
confidential information (except in the
proper course of his employment). After
the termination of this Agreement the
Employee shall not disclose or use any of
the Employers trade secrets or any other
information which is of sufficiently high
degree of confidentiality to amount to a
trade secret. The Employer hereby shall be
entitled to apply for an injunction to prevent
such disclosure or use and to seek any other
remedy including without limitation the
recovery of damages in the case of such
disclosure or use.
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and effect.
w obecnoci (wiadka):
Nazwisko i imi:
Adres
Z DAT
Zawd
The word contractor translated into Polish is
kontrahent or wykonawca. Kontrahent or
wykonawca is one of the parties who
undertakes a contact (The New Dictionary of the
Polish Language, 2003: 353) but of a different
kind than the permanent employment contract
described in the ST. Kontrahent often refers to
one off contracts with a set deadline and
clearly defined purpose i.e. construction of a
building, professional advice etc. According to
(1)
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the Dictionary of Law (2003: 38) word
wykonawca means in English executor.
Following Polish legal language in the set context
the word should be replaced by another word
pracownik (Encyclopaedia of [Polish]Law,
2004: 757) which in English means employee.
Word contractor has also similar connotations in
English language: a person who undertakes a
contract especially to provide materials, conduct
building operations, etc. (Concise Oxford
English Dictionary, 2002: 312) as opposed to an
employee a person who works under the
direction and control of another (the employer) in
return for a wage or salary (Dictionary of Law,
2003: 170). Since the entire ST clearly refers to
employee employed on a permanent contract in
a professional capacity and also repetitively uses
the term employee when referring to Dr. John
Smith, I have replaced kontrahent (contractor)
with pracownik (employee).
(2). (
ST 2. Co-habitation Agreement
1.
COHABITATION AGREEMENT
(for Unmarried Partners)
2.
3.
BETWEEN:
POMIDZY:
(1)
Mr John Paul Smith of 23 Preston
Road, Kent KN9 20NT (the First Party);
and
(2)
Ms Jane Pauline Harrison of 23
Preston Road, Kent KN9 20NT (the
Second Party).
ZWAYWSZY, E:
(a)
(a)
4.
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other.
5.
6.
7.
8.
(b)
(c)
1.
1.
2.
2. PODZIA DOCHODU ZE
SPRZEDAY DOMU
DIVISION OF PROCEEDS OF
SALE OF THE HOME
3.
4.
4.
KONTA BANKOWE BD
OSZCZDNOCIOWEJ KASY
BUDOWLANEJ
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5.
5.
COMMON EXPENSES
6.
CHILDREN
10
6.
Should the said cohabiting Partners have a
child or children (Children) together and
subsequently separate it has been decided
that it is in the Childrens best interest that
the legal guardian shall remain in the Home
with the Children and the other parent will
assign in trust for his/her Children the alieni
juris his or her entire share of the former
Home.
7.
WSPLNE WYDATKI
DZIECI
VARIATION OR TERMINATION
11
7.
This Agreement shall be varied only by
written consent of the Parties. This
Agreement shall terminate by written
agreement of the Parties or upon the death
or marriage of either one of them or upon
the Parties separation without Children for
a period exceeding three months following
which the Home shall be valued and either
sold and the proceeds divided or the Party
leaving compensated approximately in
accordance with the provisions of this
Agreement.
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warunkw niniejszej Umowy.
SIGNED AS A DEED
12.
Przez rzekomego______________________
Imi i nazwisko _______________________
W obecnoci
Podpis_______________________________
Imi i nazwisko _______________________
Adres________________________________
(1) Okrela osob niepenoletni oraz nie w peni
uprawnion.
[Describing the status of a person who is not of
full age and capacity.]
ST 3. Tenancy Agreement
1.
2.
3.
4.
5.
6.
7.
KAUCJA: 550,00
8.
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the Tennant and attached hereto in the
Appendix 1.
DATED___________________
SIGNED__________________
(The Landlord)
DATA________________________
PODPIS_______________________
(Waciciel Nieruchomoci)
DATED___________________
SIGNED__________________
(The Tenant)
DATA________________________
PODPIS_______________________
(Lokator)
10.
11.
WARUNKI I POSTANOWIENIA
UMOWNE
12.
13.
14.
1. Zobowizania Lokatora:
1.1. Paci Czynsz na czas i w sposb
okrelony powyej.
1.2 Paci wszelkie opaty za zuyt lub
doprowadzon do Nieruchomoci
elektryczno, gaz, wod, telefon i
telewizj i inne usugi skorzystane lub
dostarczone do Nieruchomoci oraz
podatek miejski (Council Tax)lub
wszelki inny podatek od
nieruchomoci ktry moe by
pobrany dodatkowo bd w jego
9.
15.
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16.
1.3
17.
1.4
18.
1.5
19.
1.6
23.
1.7
24.
1.8
20.
21.
22.
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25.
1.9
26.
27.
2.1
28.
2.2
29.
2.3
30.
31.
32.
33.
2.3.2
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by the Landlord.
34.
3.2.1
35.
36.
4. The Deposit
4.1
The Deposit will be held by the
Landlord and will be refunded to
the Tenant at the end of the Term
(however it ends) at the forwarding
address provided to the Landlord
based on fair assessment and less
any reasonable deductions properly
made by the Landlord to cover any
reasonable costs incurred or losses
caused to her by any breaches of the
obligations in her Agreement by the
Tenant.
37.
4.2
4. Kaucja
4.1 Kaucja bdzie przechowywana
przez Waciciela Nieruchomoci i
w oparciu o uczciwe oszacowanie,
zostanie zwrcona Lokatorowi po
zakoczeniu Terminu
(zakoczonego w jakikolwiek
sposb) na adres podany
Wacicielowi Nieruchomoci
zredukowana o stosowne kwoty
odpowiednio wypacone przez
Waciciela Nieruchomoci na
pokrycie wszelkich stosownych
kosztw bd strat spowodowanych
zajciem w rezultacie naruszenia
przez Lokatora jego zobowiza
zawartych w niniejszej Umowie.
4.2 Kaucja Lokatora nie podlega
oprocentowaniu.
38.
39.
5. Other provisions
5.1
The Landlord hereby notifies the
Tenant under Section 48 of the
Landlord and Tenant Act 1987 that
any notices (including notices in
proceeding) should be served upon
the Landlord at the address first
above stated.
40.
5.2
5. Inne zapewnienia
5.1 Waciciel Nieruchomoci na mocy
niniejszej Umowy zawiadamia
Lokatora i na mocy
Artykuu 48 Ustawy o Warunkach
Dzierawy 1987 (the Landlord and
Tenant Act 1987), i wszelkie
zawiadomienia (wczajc
zawiadomienia o postpowaniu
sdowym) powinny zosta dorczone
Wacicielowi Nieruchomoci na
adres podany w postanowieniach
wstpnych.
5.2 Ze wzgldu na opat stemplow
Waciciel Nieruchomoci oraz
Lokator potwierdzaj i nie istnieje
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to which this Agreement gives
effect.
41.
DATED___________________
SIGNED__________________
(The Landlord)
DATA________________________
PODPIS_______________________
(Waciciel Nieruchomoci)
42.
DATED___________________
SIGNED__________________
(The Tenant)
DATA________________________
PODPIS_______________________
(Lokator)
(1) Umowa
ST 4. Guarantee Agreement
1.
2.
BETWEEN:
POMIDZY:
3.
(1)
Mr Roman Bielski of 234 Regent
Street, London WL13 5MD (the
Guarantor); and
4.
(2)
Bank plc with registerd office at ul.
Makowiecka 19, 00 850 Warsaw, Poland
(the Creditor).
5.
NINIEJSZYM UZGADNIA si co
nastpuje:
6.
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hereby agreed that the Guarantor does
hereby guarantee to the Creditor the prompt,
punctual and full payment of all monies
now or hereinafter due to the Creditor from
the Customer and the Guarantor
understands that the Creditor might decide
upon an action sounding in damages against
the Guarantor should the above not be
fulfilled.
7.
8.
9.
10.
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11.
12.
13.
14.
15.
16.
in presence of (witness)
Name____________________________
Address__________________________
Occupation________________________
W obecnoci (wiadka)
Imi i nazwisko ___________________
Adres___________________________
Zawd___________________________
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1.
BETWEEN:
POMIDZY:
2.
3.
4.
5.
www.harroptranslations.com
podpisaniu niniejszej Umowy, informujc
DVLA o danych Nabywcy Samochodu.
WARRANTY
6.
KLAUZULA GWARANCYJNA
THIS WARRANTY IS EXPRESSLY IN
LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESSED, IMPLIED
OR STATUTORY, INCLUDING ANY
IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE.
7.
8.
9.
NINIEJSZA KLAUZULA
GWARANCYJNA W SPOSB
WYRANY WYCZA STOSOWANIE
WSZELKICH INNYCH WARUNKW
USTANAWIAJCYCH
ODPOWIEDZIALNO
Z TYTUU GWARANCJI JAKOCI LUB
POSTANOWIE UMOWNYCH
OKRELONYCH, DOROZUMIANYCH
LUB USTAWOWYCH,
WCZAJC W TO JAKKOLWIEK
DOROZUMIAN
ODPOWIEDZIALNO Z TYTUU
GWARANCJI JAKOCI NA NADANIE
SI DO ZBYCIA ALBO TE NADANIA
SI DO CELW SZCZEGLNYCH.
Jedynym rodkiem prawnym
przysugujcym z tytuu niniejszej klauzuli
gwarancyjnej jest prawo do dania
naprawy lub wymiany wadliwego elementu
dokonane wedug opinii Sprzedawcy.
Sprzedawca zastrzega sobie prawo do
dania udostpnienia mu lub zwrotu
wszelkich stosownych wadliwych
materiaw w celu dokonania ich przegldu
i oceny.
W adnym przypadku Sprzedawca nie
bdzie odpowiedzialny za wszelakiego
rodzaju szkody o charakterze wyjtkowym,
ubocznym, porednim bd wtrnym,
wczajc w to midzy innymi holowanie,
okresy przestoju, obnienie
produktywnoci, szkody w adunku,
podatki, lub jakiekolwiek inne straty lub
koszty spowodowane przez wadliwy
element objty niniejsz klauzul.
Niniejsza umowa stanowi wyczerpujce i
kompletne porozumienie pomidzy
Sprzedawc i Nabywc odnonie
odpowiedzialnoci za wady i aden z
pracownikw nie jest upowaniony do
skadania w imieniu Sprzedawcy
owiadcze odnonie rozszerzenia zakresu
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tej odpowiedzialnoci.
GOVERNING LAW
10.
11.
12.
PRAWO WACIWE.
The applicable law of this Agreement is
English law.
AS WITNESS OF WHICH the parties
hereto have signed this Agreement the day
and year first written above.
PODPIS Sprzedawcy_________________
SIGNED by the Buyer_________________
PODPIS Nabywcy___________________
SIGNED by a Witness_________________
PODPIS wiadka____________________
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Target Text
Umowa o prac
Commencement
Under section
Data rozpoczcia
Na podstawie paragrafu
Job title
Base salary
In the capacity of
Benefits
Compensation Committee
Tytu subowy
Wynagrodzenie zasadnicze
Na pozycji
wiadczenia
Komisja do spraw
wynagrodze
wiadczenia nie pienine
Podatek od wiadcze
niepieninych
Premia roczna w rodkach
pieninych
Wypaty wynagrodzenia
zasadniczego
Podatek pobierany zaliczkowo
Podstawowe godziny
Urlop
Wynagrodzenie
Cafeteria benefits
Fringe Benefits Tax
Annual Bonus in cash
Regular payroll
Witholding taxes
Normal hours
Holidays
Remuneration
Sickness
Termination
Payment in lieu
Confidentiality
Nieobecno [w pracy] z
powodu choroby
Emerytura
Nieobowizkowe skadki
emerytalne
Zawiadczenie o odczeniu
si drog umowy
Zgodnie z Ustaw o
Systemach Emerytalnych
Wypowiedzenie
Zapata w miejsce (zamiast)
Zachowanie poufnoci
Non-competition
Zakaz konkurencji
Customer / Client
Grievance procedure
Klient
Procedura rozpoznawania
skarg / Postpowanie
zaatwiania skarg
Procedura apelacyjna
Pension
Voluntary pension contribution
Contracting out certificate
Under Pension Scheme Act
Appeal procedure
Back Translation
Employment contract /
Agreement contract
The date of commencement
(in accordance to) under
section
Service title
Base reward / principal reward
As / In the position of
Services
Compensation Committee /
Remuneration Committee
Non cash benefits
Non cash benefits tax
Annual Bonus paid by the
monetary means
Base salary pay
Tax taken in advance
Basic hours / Standard hours
Leave [at work]
Compensation / Pay /
Remuneration
Sick leave / Sickness absence
[at work]
Retirement / Pension
Non mandatory pension
contributions
Contracting out certificate
According to Pension Scheme
Act
Termination / Pronouncement
Payment instead of
To preserve / keep
confidentiality
Non-competition / Ban on
competition
Client
Grievance recognition
procedure / Grievance
resolution procedure
Appeal procedure
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Notice
Severability
Powiadomienie
Rozdzielna interpretacja
postanowie umowy
Governing law
Jurisdiction
Full force and effect
In witness whereof
The term of employment
Shall be reviewed
Prawo waciwe
Jurysdykcja
Pena moc prawna
W dowd powyszego
Czas trwania zatrudnienia
Bdzie przedmiotem analizy
Recovery of damages
Injunction
Apply for an injunction
Held to be invalid
Otrzymanie odszkodowania
Nakaz sdowy
Ubieganie si o nakaz sdowy
Uznane za niewane
Notification
Separate interpretation of
agreements (contract)
decisions
The correct law
Jurisdiction
Full legal force
As a proof for the above
The employment period
It will be the subject of
analysis
Receipt of damages
The court order
Apply for an court order
Assessed as not important
Target Text
Umowa Wsplnego Poycia
Podzia dochodu
Wspwaciciele Domu
(tenants in common)
w ktrym posiadaj ten sam
udzia interesu beneficyjnego
Oszczdnociowa Kasa
Budowlana
Abonament telewizyjny
Wspyjcy bez lubu
Podpisano jako dokument
prawny
Interes beneficyjny
Akumulacja rodkw
wasnych
Back Translation
Living together without
marriage
This deed of Contract
Whereas
Trust / Zarzd Powierniczy
The right to the house
ownership
Division of income
Co-owners of the Home
(tenants in common) in which
they have the same share of
the beneficial interest.
Building Society Saving [in
the UK]
(Paid) subscription for
Television
Cohabiting without marriage
Signed as a legal document
Beneficial interest
Accumulation of
own means (financial)
Target Text
Umowa Najmu
Back Translation
Tenancy Agreement assuring
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Tenancy Agreement
Zabezpieczajca Prawo
Wasnoci Waciciela
(Assured Shorthold Tenancy)
Umowa Najmu [Lokalu]
Rental Agreement
Umowa Czynszowa
Tenant
Let
Rent
Lokator, najemca
Wynaj/mowa
Wynaj/mowa, Najmowa
(Bra w wynajem)
Okres, Termin
Warunki
Warunki i Postanowienia
Umowne
ma na celu ustanowienie
(warunkw) na podstawie
ktrych
Na mocy niniejszej Umowy
Ustawa o Gospodarce
Mieszkaniowej 1988
Zapewnienie
Niniejszy Lokator potwierdza
po zakoczeniu niniejszego
Terminu.
Podatek miejski
Zwrci
Brak zgody powinien by
uzasadniony
Nieruchomo, mienie
Term
Terms
Terms and Conditions
is intended to create
(conditions) whereby
Hereby
Housing Act 1988
Provision
The Tenant understands
at the end of the Term
Council Tax
To yield up
Consent not to be withheld
unreasonably
Property
Use all reasonable efforts
Reasonable costs
Unreasonable interruption
Landlord and Tenant Act 1987
Address first above stated.
Stamp duty
Naleycie postara si
Stosowne [uzasadnione]
koszta
Nieuzasadniona
przeszkoda
Ustawy o Warunkach
Dzierawy 1987
Adres podany w
postanowieniach wstpnych
Opata stemplowa
Target Text
Umowa Gwarantujca Zapat
Back Translation
Payment Guarantee Agreement
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It is hereby agreed
This guarantee is unlimited as
to amount or duration
The said indebtedness
Guarantor waives all rights
Subrogation
The Guarantor guarantee and
represents it has full authority
to enter into this guarantee
Shall be binding
Inure to the benefit of the
parties
Assignee
Signed by or on behalf of the
Guarantor
Niniejszym uzgadnia si
Niniejsza gwarancja zapaty
nie jest ograniczona w
stosunku do wysokoci bd
okresu trwania
Rzekome zaduenie
Gwarant zrzeka si wszelkich
praw
Subrogacja
Gwarant zapewnia, e jest w
peni uprawniony do zawarcia
niniejszej gwarancji
Obowizuje
Stanowi korzy na rzecz
stron
Cesjonariusz
Podpisane przez bd w
imieniu Gwaranta
It is agreed
This payment guarantee is
unlimited as to amount or
duration
The said indebtedness
Guarantor waives all rights
Subrogation
The Guarantor reassures that
s/he has full authority to enter
into this guarantee
Is valid, is binding
It is of benefit to parties
Assignee, cessionary
Signed by or on behalf of the
Guarantor
Target Text
W zamian za sum
Sprzedawca gwarantuje
Nabywcy
Nie jest zastawiony i jest
wolny od obcie
Niniejszy Samochd nie
podlega umowie sprzeday
ratalnej
Agencja Prawa Jazdy i
Licencji Pojazdw w Wielkiej
Brytanii
Na dowd powyszego
Strony niniejszej umowy
Back Translation
In exchange of the sum
The Seller guarantees to the
Purchaser
Clear of all liens and
encumbrances
The Vehicle is not subjected to
purchase agreement providing
payment by instalments
Driver and Vehicle Licensing
Agency in the United
Kingdom
As a proof of the above
Parties to this Agreement
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Yes
No
100%* (57)**
Yes
No
59% (33)
41% (24)
3. If yes, what legal system have you received your training at?
Polish law
76% (25 from 33)
English law 15% (5)
Both, Polish and English law 9% (3)
4. Based on your experience, how important is the legal training in translation the
contracts?
Necessary
67% (38)
Beneficial, but not necessary 33% (19)
Not necessary -
5. Could you provide reasons (if any) for legal training that would support translation of
contracts?
6. Do employers/clients enquire about your legal training when requesting translation of
contracts?
If yes, could you detail what is required/asked for?
7. How do you tend to resolve problems of legal terminological incogruencies in
contracts (choose one or more)?
Functional equivalents
100% (57)
Neologisms 9% (5)
Descriptive paraphrases
95% (54)
Neutral terms sometimes accompanied by definition for additional clarification or
original term in brackets
98% (56)
Annotations 35% (20)
Borrowings
33% (19)
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Naturalisations
Literal equivalents
Other:
11% (6)
23% (13)
8. How often do you believe that it is possible for the translated contracts to have the
same legal effect as the original?
100%
86% - 99%
71% - 85%
56% - 70%
45% - 55%
21% - 44%
0% - 20%
49% (28)
47% (27)
4% (2)
-
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APPENDIX IV: Translation of the Polish Court Translator Code published by the
Polish Society of Sworn and Specialised Translators TEPIS.
The text below is my translation of the Polish Court Translator Code published
by the Polish Society of Sworn and Specialised Translators TEPIS. The original Polish
version is available on http://www.tepis.org.pl/biuletyn/40/tepis.htm
THE POLISH COURT TRANSLATOR CODE
Respecting the rules of:
Cooperation with the management of the Sworn Translators section of the Polish
Translators Association;
The art of legal translation and the opinions of the recognised authorities of Polish
translation studies;
The statue of the Polish Society of Sworn and Specialised Translators TEPIS,
As a result of the meeting hold on the 7th June 1991 the Principal Council of the Polish
Society of Sworn and Specialised Translators TEPIS, in force of its Statues section 2
paragraphs 1 and 2 agreed the Polish Court Translation Code provided underneath.
ARTICLE II
TRANSLATING RULES FOR DOCUMENTS TRANSLATION
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22.
The document is by the rules of the Code a text that is potentially a subject to
domestic and foreign legal turnover as well as the conveyer on which it was
recorded.
23.
24.
25.
The rules of the art of legal translation are defined by appointed for this purpose
international and domestic regulating bodies also inclusive of the Council of
Translators TEPIS, based on the opinions of recognised authorities of translation
studies.
26.
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6. The use of appropriate equivalents in the target language that the best convey
the meaning of specialised concepts of the source language culture;
7. If there is no target language equivalent that conveys the same meaning or in
case of absence of such equivalent in the regulating bodies recommendation,
the use of:
1. borrowing from the source language with explanation if the borrowing
had not been previously naturalised in the target language,
2. linguistic calque with explanation if the calque had not been
previously naturalised in the target language,
3. paraphrasing equivalent that refers to similar concept of a universal
character,
4. paraphrasing equivalent that refers to similar concept known in the
target language culture,
5. translators notes explaining the chosen equivalent;
8. To transfer in the target language the culture of the source language text;
9. Based on the abilities of the translator and the need of the reader, maintain in
the target language features characteristic to the epoch the source language
document was created in;
10. The use of all translating methods that lead to the optimal equivalence of the
translation and its adequacy to the function given and thus depending on
requirements such as:
1. literal translation of the least contextualised lexical elements i.e. if the
linguistic, cultural and situational contexts are not much relevant or if
the relevance is similar in the source and target languages and relates
to the grammatical structures, if such structures exist in the target
language,
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