Pro Veritate Opinions
The topics reviewed in this European legal studies section of Lawinwords will take into consideration those highly complex juridical creations which could by way of a metaphor be defined as the result of precision mechanics. For example, the Italian concept “titoli di credito” which is known by this name only in Italy.
With regard to the German legal system we will instead be taking account of the definition of “sittenwidriges Rechtsgeschäft.” This is a particularly complex juridical creation which at first sight will not be easily understood by legal academics in a common law jurisdiction. The reason lies in the fact that this concept, together with the Italian “titoli di credito,” is differently denominated and its meaning, when it exists, is similar but not exact – and this is the very reason why we maintain that equivalence in legal translation is little more than a chimera.
In addition, we will consider the legal concept of “undue influence” as against “presumed undue influence” and the manner in which they are differently denominated in Germany, Italy and France. By way of example “influence injustifiée” but moreover we will demonstrate how these terms are construed in each of the aforementioned countries. It is invariably the case that a legal translator cannot free himself from an in-depth study of comparative legal systems with which his profession is involved. In point of fact, he cannot use the excuse “don’t shoot the messenger” by way of exculpation.
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