You are on page 1of 42

ht???






















Legal Translation Workshop





An introduction to Legal Translation










 aa.safwah@gmail.com







    
  


  












  


 













 |
Article 151: " The President of the Republic shall conclude treaties and communicate
them to the Peoples Assembly, accompanied with suitable clarifications. They shall
have the force of law after their conclusion, ratification and publication according to
the established procedure " .








>@

Appeal and Review

  

  
 











 @Wj?fb
Case-study
Activity 1:



First Party shall pay the brokerage' fees not less than three months.









Activity 2:



The Court will be decided the limitation challenge after next hearing.








Activity 3:



The evidence at trial established that Claimant had actual authority to contract on
behalf of the Defendant.









Activity 4:



Arbitration award discharged the innocent Company to conduct these transactions


with the Other Party.







Activity 5:



A tribunal is established by the present statute as the first instance of the two-tier
formal system of administration of justice, to be known as the United Nations
Dispute Tribunal

  





























 osteosclerotic anemia 





prison
distress,



staying
seize











 






 AMPARO





 temporary protection 



 


  
   


habeas corpus

 
CCPR/C/95/D/1388/2005





Activity 6:
Translate the following sentence :
" Civil personality is extinguished by death. The effect of death upon the rights and
obligations of the deceased is determined by law, by contract and by will"















Activity 7:
Translate the following sentence :
After giving due consideration to all relevant factors, including the best interest of
child and Legal Articles thereto in point, Mother shall have sole legal custody and
sole physical custody of the minor with father having visitation.












 






    
  

 Nature Personality  
 juridical personality 

  Civil Personality 
 

 


            


  
             
 
  Personality  ( Civil 


 


    death



Balance in the addressee's language 


  










Legal Translation Typology

 The Nature of Legal Language


Sources of Difficulty in Legal Translation
Legal Translator's tasks
Legal Translation Typology

  




             
 

Deborah Cao, Translating Law, Library of Congress Cataloging in Publication Data,p.8



 
  
   
 
  
         
 (SOURCE) 
          
 
 
 (ELABORATION)            
 (SIMPLIFICATION
 

translating domestic statutes and international treaties



translating private legal documents



translating case law



translating non enforceable law, e.g. legal scholarly works


TRANSLATING DOMESTIC STATUTES AND INTERNATIONAL TREATIES

Basic Conceptions 

 


 Public Law
1) Deborah Cao.Op.Cit.p9





Constitutional

Law




  
    





  









prison 
imprisonment
fine

Capital punishment

jail or

Prison and Jail 



 Jail    prison 

 Public Law  Common Law 



nullity or invalidity


compensation or indemnity
revocation

Compensation and indemnity


indemnity Compensation
Disciplinary  



 
Individual freedom is a natural right and
shall not be touched.
Except in cases of a flagrant delicate no
person may be arrested, inspected,
detained or his freedom restricted or
prevented from free movement except by
an or necessitated by investigations and
preservation of the security of the society.
This order shall be given by the
competent judge or the Public
Prosecution in accordance with the
provisions of the law.
The law shall determine the period of
custody.

  




 

 

Administrative Law 








2)Neil Hawke, LLB (Hons) INTRODUCTION TO ADMINISTRATIVE LAW, First published in 1998 by
Cavendish Publishing Limited, The Glass House
Wharton Street, London WC1X 9PX, United Kingdom

Criminal Law
 

 

          






Criminal Procedures Law


Financial Law


legislation & Law

Lawlegislation
  
 
 


Penal Law


             



 
 


  
 
             




  
  






  
   
             


              

 

              
  



  






  
    
  
  

              
      

                
 
  
           





Meaning and Spelling of Words

And and Or

 And and Or 


 a high degree of precision
The basic rule therefore is that and should be used when the intention is to
refer to one thing, such as a husband and father

 and   



a husband and father .



a husband and a father .

A father and a husband shall file a statement

 and 

a minister of education and a minister of health shall sign the Agreement ..



a minister of education, and a minister of health shall sign the Agreement ..



 or  and 
a minister of education or a minister of health shall sign the Agreement ..

               

 And and Or 
A father and husband or wife shall

 And/or 


  and/or 
and/or  
A, An, The
 a, an 

1. A person shall not stand on a bench in a public park.


2. An employer shall have a right to leave from the duty every Sunday.
(1 Reed Dickerson, The Difficulty of Choice Between And and Or, [1960] A.B.A. Journal, p. 310.

(1) Bonitto v Fuerst Bros. Co. Ltd.32 Viscount Simon L. C.

 The


Private Law
Civil Law

             

 

  Jus civil
    Jus gentium        
            


  Corpus juris civilis 
Corpus juris canonici

 Statutes Law 
                Law

Family


 
 

      Real Right   

 Personal Right  


Commercial Law 


  

 
 
             
.

  
. 
 Commerce Commercial Law 
 
 
 
 
.


Maritime Law  
 

 

 
.  
  
 
  
 
.

 



  
 
.              
.               
 
     

Air Law
 
 
 
Labour Law





 
 

 
Ordinance

 
 
 
 

Act
Statue
Code







Activity 8
Which Law deals with the following matters.
1) Ignorance of the law does not afford any excuse for an act or omission which
would otherwise constitute an offence, unless knowledge of the law bythe offender is
expressly declared to be an element of the offence
2) Ships of any nationality are forbidden to discharge oil or oily mixtures in the
territorial sea or the exclusive economic zone of the Arab Republic of Egypt.
3) An agreement by which the professional activities of a commercial agent are
restricted after the cancellation of the commercial agency contract (restrictions on
competition) shall be entered into in writing.
4) The wages, less lawful deductions, earned by but not yet paid to an employee
whose contract of serviceterminates in accordance with section 11(1) or of section 12
shall be paid to such employee not later than the day on which such contract of
service soterminates.
5) Civil servants are promoted to the immediately following uniform rank, if they
have completed the required time of service at their current rank and if they have the
material qualifications according to the information in their personal records
In particular in regard with the promotion to rank A, a civil servant must undisputedly
have the material qualifications required according to the information in his personal
record.
6) A lawsuit arising from air transport shall be under the jurisdiction of thepeople's
court in the place where the transport began, where it ended or wherethe contract was
signed.


  





translating private legal documents



A contract is an agreement by which one or several 
persons bind themselves, towards one or several others, to transfer, to do or not to do

 pacta sunt servandasomething.


 


 The Elements of a Contract 




>Offer & acceptance@  
>Object@
>Consideration @
>Offer & acceptance@
  agreement 
               






  
GENUINE CONSENT
CAPACITY
LEGAL OBJECT


capacity to exercise capacity to enjoyment 
           















vices of consent
Error 


Fraud 

       

Coercion




>Object@

In consideration of mutual agreements of seller and buyer to be set forth, seller agrees to sell
and buyer agrees to buy one kilo of Heroin ..

  




Consideration 

Contract boilerplate clauses


 Definitions 




"The following words and expressions have the meaning assigned to them respectively ,
except where the context otherwise required or contrary intention appears .







In application of this law the following terms shall each have the respective meaning
corresponding thereto , unless otherwise indicated in the text .

Interpretations 






" The singular includes the plural and the masculine or feminine genders includes the neuter ,
and vice versa .. "




  

Applicable law
 

Jurisdiction 

Insurance contracts 
The insurance contract is a contract whereby the insurer will pay the insured (the person
whom benefits would be paid to, or on the behalf of), if certain defined events occur. Subject
to the "fortuity principle", the event must be uncertain. The uncertainty can be either as to
when the event will happen (i.e. in a life insurance policy, the time of the insured's death is
uncertain) or as to if it will happen at all (i.e. a fire insurance policy.






Insured
Insurer
premium

Risk

Deductible
 Caracteristics of Insurance contract

Aeatory



Adhesion



 Uberrima fides Utmost Good Faith
                




Personal contract 
 


              


Parties
InsuredInsurer



Insured obligations




Commercial contracts







>@

 
 

:
        
  

Individual Establishment:
It is an establishment owned by a sole proprietor to operate an economic activity
(commercial, professional, industrial, agricultural or real property). An establishments
financial liability is linked to the proprietor who shall be responsible for all its financial
obligations.

:

 
 

 
.
Commercial Company:
A company is a contract by which two or more persons enter into an economic profitgenerating enterprise. They shall each subscribe a share either in the form of money or work
effort, and share an enterprises profit or loss. An economic enterprise includes any
commercial, financial, industrial, agricultural, real property or any other type of economic
activity.
:

  
. 
Civil Companies :
Civil companies are formed to practice activities which involve the use or investment of
intellectual faculties, acquired information or the use of skills like carpentry.


Legal Forms of Commercial Companies


SOLE PROPRIETORSHIP COMPANIES
General Partnership:
    
.


               




 


made and entered into this 
Partners' name 

Company's name 


principal office of business 
Company's object 
Capital
Company's term 
Management 
Fiscal year 
Profits and Losses 
Withdrawal and assignment of shares 
Dissolution 
Winding-up and liquidation 
Limited Partnership
  
          
 

This company consists of two teams of partners including at least a general partner liable with
all their money for the company's debts and another group comprising at least of a limited
partner liable for the debts of the company to the extent of their share in the corporate capital.








 


Particular Partnership

 
 
 
Corporations 

               

Joint stock company 


joint stock company (JSC) is a type of business entity: it is a type of corporation or
partnership. Certificates of ownership or stocks are issued by the company in return for each
contribution, and the shareholders are free to transfer their ownership interest at any time by
selling their stockholding to others.

Partnership limited by shares 

 


Limited liability company 
 

Limited Liability Company is a company that consists of two or more partners liable for the
company's debts to the extent of their shares in the corporate capital. Number of partners in
this company shall not exceed 50



Company's name , Object , Term and Head Office

Capital Shares


Directors

The general Meeting



Company's fiscal year , inventory , closing account , reserves, and distribution of dividends

Auditor and Counsel

Disputes


Dissolution and liquidation
Administrative contracts





Contract of public works 



Supply contracts


Concession Agreement 









Marriage contract 




The marriage contract is the formal bond that turns two individuals from strangers to husband
and wife.


Eligibility of Bride and Groom  
Brides Permission
The Womans Wali
The Witnesses
The Mahr (Dower)
special conditions 
Will
Distribution of estate contract 



Employment contract 


 Obligations 


 
 
 Rights 
 Real rights  

  Personal rights 

  



 





Source of Obligations 



              



Contract 
Free Volition 
Damages 
Illicit gain
Law 
 

1. Legally valid civil intercourse;



2. Decisions of the Court or other competent State authorities;



3. Legal occurrences which are stipulated by the law;



4. Creation of spiritual values which are objects of intellectual property ownership;



5. Possession of property with a legal basis;


6. Causing of damages due to acts contrary to the law;




7. Performance of works without authorization;



8. Possession or use of property for one's benefits without a legal basis;



9. Other bases which are stipulated by law.


                  
           






             










 is 

Causes of Ownership
Article 140- Ownership is acquired
1- By the rehabilitation of waste land and the annexation of the allowable properties.
2- By means of contracts and obligations.
3- By acquisition in virtue of a right of pre-emption.
4- By inheritance





               
>@  Ownership is acquired

 

              
 Ownership shall be acquired






 ( Contract ) ( Agreement ) 
  ( Agreement )  
 
 
 
 
   ( Contract ) 
 
   
.


  




 Uniform Commercial Code 
  


"Contract",
as
distinguished
from
"agreement", means the total legal obligation
that results from the parties' agreement as
determined by [the Uniform Commercial
Code] as supplemented by any other
applicable laws.

     
      

"Agreement",
as
distinguished
from
"contract", means the bargain of the parties in
fact, as found in their language or inferred
from other circumstances, including course of
performance, course of dealing, or usage of
trade as provided
in.





 

  

     
  




          
 

 
 imperative rule  
 

 : 
.           
 ) : 
:
. 
.
. 
. 

  (        
 supplementary rules 
         
 
              
.

 
  
             
:
            

 :  
:
: 
" "
""
"  "
:
             
:        
.            
.   

         
 
.         
. 




:
 ( Words of authorities ) 
 

 
... ( shall ) 

 
. 
Shall
 ( shall )  
 
 
. 
 
 
 .
: ( shall ) 
: 
The lease shall pay the rent on the first of each month

( must )   ( Shall ) 

 ( shall ) 


 
 .

The employee shall be reimbursed reasonable expenses.

 entitlement  Shall 




The lease shall terminate on December 31, 200.

 Shall 


" The Tenant shall do every effort to keep the premises in its previous conditions . "

 Shall 

 inevitability 

When the Coliseum falls, Rome shall fall.


abide by comply with adhere to


The licensee to abide by the following :

 abide by 




 shall 

The licensee shall abide by the following :

 shall 

 abide by  shall 



Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions
concerning the objectives of representation


 

shall 

declare , acknowledge , represent 
accept 

agree

The Company shall agree to


The Company agrees to

Must 


Must means is required to. Use must to show that the subject of the sentence is obligated to
do something. The employee must send notice within 30 days.

 must 




The employee must apply in writing to his/her supervisor for leave without pay

 
 
 must  shall 

will 
will 




 will  shall 

 will 

may

may shall 
  

If a labor certification is denied, the employer may make a request for reconsideration, in
writing and within 30 days of the date of the determination, to the Certifying Officer who
made the determination.







 labor certification 





shall not 



Employee shall not perform any work inconsistent with the Company's interests .

may not 






Tenant may not assign or sublet the Premises without Landlord 's consent .



 May not  Must not , May not 



The clerk may not accept papers for filing after 5:00 p.m.





The clerk is not authorized to accept papers for filing after 5:00 p.m.












You might also like