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Techniques of Legal Translations

14 Mar, 2009

legal advise
Armando Riquier asked:


Legal translation is the translation of texts within the field of law. As law is a culture dependent subject field, legal translation is not a simple task. Only professional translators specializing in legal translation should translate legal documents and scholarly writings. The mistranslation of a way in an agreement, for example, could lead to law suits and loss of money.

When translating a copy within the field of law, the translator must maintain the subsequent in mind. The legal method of the source text is prepared in a way that suits that ethnicity and this is replicated in the legal language; in the same way, the target text is to be read by someone who is familiar with another legal system and its language.

A professional in legal translation must be a linguist, a legal intellectual and a bit of a willing detective so that he is able to glean the finer points out of any text. And he should also be capable of researching how to describe legal concepts expressed in the source language of a document that may not even have an equivalent in the language or legal system of the target text.

In the very first stage, the translator must decipher the source text and reconstruct its meaning in the target text. In numerous cases, there is some restriction for the translator to finding a functional comparable for a word or phrase or a parenthetical clarification because an accurate translation is impossible.

Translators of legal texts often seek advice from law dictionaries, especially bilingual law dictionaries. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation.

Every legal translator should maintain some rules, when they translate something. Translation must be taken from original copies, and should be translated completely and accurately. It should approximately follow the format and layout of the source text. The translator cannot change any name of people, titles and marks of nobility, not even the spelling of that name. It should be taken from original document.

An expert legal translator should also know that even within the legal field there are entirely separate vicinity of law that entail specific translation techniques: a contractual text has little in common with a determination, an administrative certificate, a judicial decision or a statute, to name a few examples. The translator knows that he or she must consult not only a monolingual legal dictionary, but also a dissertation regarding the subject matter, and that bilingual dictionaries while useful, should be used with vigilance.

Apart from terminological lacunae, or lexical gaps, the translator may focus on the following aspects. Textual conventions in the source language are often culture-dependent and may not correspond to conventions in the target culture. Linguistic structures that are often found in the source language have no direct equivalent structures in the target language. The translator therefore has to find target language structures with the same functions as those in the source language.

When faced with international arguments connecting different languages and legal structures, legal adviser and their clients would be well recommended to obtain the services of translators able to successfully viaduct the divide of legal systems, as well as language and culture, in order to provide literate rather than literal translations.



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Legal Translations in Real Estate Transactions

11 Mar, 2009

legal advise
Priya Singh asked:


All binding legal documents relating to an Italian real estate transaction must be written in Italian, independently from the nationality of the parties.

Italian legal writing is highly technical, ritualistic and often archaic due to the close links with Roman law.

Ultimately it can appear to be obscure for people lacking a solid legal background in Italian law.

All this is further complicated by the profound differences between legal systems, more specifically between the English/American system based on Common Law and the Italian one based on Civil Law.

As a matter of fact there are juridical concepts in Roman Law that simply do not exist in Common Law and vice versa there are concepts bearing the same names in the two systems but having different meanings.

As a consequence an accurate understanding of the legal systems and the legal processes involved is essential for translators or interpreters involved in such important transactions.A deep knowledge of the specialist terminology is required as well as knowledge of the legal concepts implied.

This is why a legal document should never be signed without the assistance of a bilingual qualified lawyer who can explain in English the full scope of your commitment.Many real estate agents use printed contracts with an English translation.Such translations are rarely faithful and can often mislead the buyer.

It’s important to underline that in case of litigation the Italian version will always prevail.In the most crucial phase of the transaction, when signing the Deed of Sale in front of the Notary public, the Italian law requires the presence of an interpreter if the buyer is not fluent in Italian.

Our advice is to make sure that such interpreter is duly qualified not only under a strictly linguistic point of view, but also in terms of legal background.

Another crucial aspect to bear in mind is the independence of the interpreter.

This would exclude a bilingual real estate agent, an English speaking relative or friend of the seller or an Italian English teacher.

Explaining to you the Deed or Sale that you are about to sign is a very delicate task and you want to make sure you are entrusting the right professional.

Please remember that the Italian version of the Deed will prevail so it’s essential an expert and independent explanation of the legal implications that are involved.Your independent legal adviser has the right qualifications to assist you throughout the real estate transaction and will always make sure you have a full understanding of the documents you are requested to sign and the legal consequences implied.

 



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Legal Issues To Be Taken Care For Structured Settlement

05 Mar, 2009

legal advise
Christina Brown asked:


Lawyers play a very important role when you go in for any legal contract, be it for any purpose. Some might structured settlement are quite a good investing option and upon reading the advantages definitely you will go in for them. However, some legal aspects need to be tackled as well. Especially at the time of selling the structured settlement, it becomes necessary for us to take the help of a solicitor because your application for selling is determined by the judge. He will review the case in order to determine that upon selling the structured settlement, will you be benefited from it or not. The legal adviser will tell you how to put down the things and easily get the selling structured settlements request approved.

Judges usually approves the request. However, if they appear to be non-genuine one then he denies it as well. This complete procedure takes about two months. Once you get the approval, it becomes necessary for you find the company who is willing to purchase. Get a legal contract made with the help of a solicitor and take his advice on the matter before singing and documents. He will look for your interest at this point of time. He will see that you receive fair terms and are flexible for getting the payment for your settlement.

Further, at the time of selling structured annuity settlement they help you in negotiating the deal by telling you on how to discount the present value (at this time of recession or high inflation rates, one need to be careful). To know more about the benefits of hiring a lawyer for handling legal issues for structured settlement, visit prosperitypartners.com



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