Legal translation is a meticulous process, when dealing with legal terms in any language, one must be certain of how they will be interpreted and how they have been interpreted in proceeding cases. Translation of legal terminology must take into account both the meaning of the source document and also the legal effect of the words chosen for the target language translation. The vast differences in the way that legal terms are defined and perceived is evident within the English language alone. Even though England and America share the same language and very similar legal systems, the perceived meaning of certain legal terms can result in very different outcomes.
The stylistic requirements and choice of words that differ between US and English legal terminology can create problems. English law contracts favour “best endeavours” while in American law documents it is better to use “best efforts”. These subtle differences are the exact things which legal translators have to know all about. Legal translation involves expert bilingualism as well as a great deal of technical knowledge. An article from wordstodeeds.com reveals more of these subtle differences:
each set of laws requires express waiver of the application of different statutes and treaties if the parties do not wish them to apply. In the United States, for example, parties to a contract for the sale of goods between a US entity and an entity of another country that is party to the United Nations Convention on Contracts for the International Sale of Goods (CISG) must expressly state in the contract they do not want the convention to apply, if that is their intent. The United Kingdom, however, has not ratified the CISG, so it will not apply to an English law contract. Similarly, English law contracts must state expressly that the parties opt out of the Contracts (Rights of Third Parties) Act 1999 in order to prevent third parties from having certain rights. Under the laws of most US states, however, parties do not need to reference a particular statute and need only evidence an intent to limit third-party beneficiary rights.
Even though US and English law sometimes enforce the same contractual language, the results can be very different, so think of the differences involved in legal translation between two entirely different languages and legal systems. This is why legal translation is not like other translation services and cannot be undertaken by any translator but requires a specially trained professional.
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