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10. LEGAL AND COMMERCIAL TEXTS 10. LEGAL AND COMMERCIAL TEXTS

10. LEGAL AND COMMERCIAL TEXTS - PowerPoint Presentation

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10. LEGAL AND COMMERCIAL TEXTS - PPT Presentation

LEGAL TEXTS The bad news legal texts contain a lot of specialized jargon and terms that are not used in general communication The good news it ID: 566813

agreement legal texts che legal agreement che texts 2001 english expressions due goods commercial date told language italian letters party problem formulaic

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Slide1

10. LEGAL AND COMMERCIAL TEXTSSlide2

LEGAL TEXTS

The

bad

news:

legal

texts

contain

a

lot

of

specialized

jargon

and

terms

that

are

not

used

in general

communication

.

The

good

news:

it

is

easy to

find

online

dictionaries

and to

find

examples

of EU

legislation

in the

languages

of

all

the

member

states

.Slide3

http://eur-lex.europa.eu/legal-content/HR/TXT/HTML/?uri=CELEX:32001L0029&from=EN

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

AZ EURÓPAI PARLAMENT ÉS A TANÁCS 2001/29/EK IRÁNYELVE

(2001.

május

22.)

az

információs

társadalomban

a

szerzői

és

szomszédos

jogok

egyes

vonatkozásainak

összehango

DYREKTYWA 2001/29/WE PARLAMENTU EUROPEJSKIEGO I RADY z

dnia

22

maja

2001 r.

w

sprawie

harmonizacji

niektórych

aspektów

praw

autorskich

i

pokrewnych

w

społeczeństwie

informacyjnym

Slide4

The characteristics of “legalese”

The aim is to be flawless and entirely unambiguous

Repetition of nouns to avoid the potential ambiguity of pronouns

Apparent redundancy

Syntactically complex sentences

Highly specialized lexis

Archaic terminology and Latin expressions

Units of meaning. Taylor (p.127) gives the example of “statement of defence”, which translates as “replica del

convenuto

”, not

dichiarazione

di

difesa

Great use of conditional forms

Deontic expressions (obligation):

shall

in English;

dovrà

/

dovranno

in Italian

Formulaic expressions rarely used in other contexts:

whereas/

permesso

che

,

in witness

thereof/in

fede

di

ciò

Terms almost exclusively used in legal contexts:

to sue

/

citare

,

far

causa

,

summons

/

mandato

di

comparizione

Performative

expressions:

it is hereby certified

/

certifica

,

I, the undersigned

…/

il

sottoscrittoSlide5

“The distinction between English legal and ordinary English discourse is greater than that between legal Italian language and ordinary Italian.” Taylor, p. 129. He gives the following examples of legal expressions in English that differ enormously from normal language:

Without let or hindrance

:

senza

(

alcun

)

impedimento

Malice aforethought

:

premeditazione

Force majeure

:

forza

maggiore

Aid and abet

:

essere

complice

Whereupon and wheref

ore: al

che

Goods and chattels

:

ogni

sorta

di

beni

mobili

Null and void

:

nullo

So your problem as English-to-Italian translators regards the source texts.

Those translators who decide to specialize in legal texts find that their job gets easier as they acquire experience. Much of the terminology used is formulaic and recurs in one text after another. Sample documents are also available online. Slide6

2.        TERM, TERMINATION & SURVIVORSHIP:   This Agreement and all provisions hereof, except and unless otherwise provided, in writing, shall be in full force and effect and shall extend for a term of Twenty five (25) years for the U.S. and all other worldwide markets. The effective date of this Agreement shall be the date first written above. At conclusion of the initial term, this Agreement shall automatically renew for two (2) year periods thereafter, unless terminated by either of the parties upon six (6) months prior notice

.

In

the event of any breach of any material provision of this Agreement, this Agreement may be terminated by either Party hereto, with sixty (60) days written notice to the other Party provided that, during the sixty (60) day period, the breaching Party fails to cure such breach, in which case ZGSI shall have six (6) months from the effective date of termination of this Agreement to sell any inventories of product existing, product already in production or on order as of said effective date of termination.

Read

more:

http://agreements.realdealdocs.com/Royalty-Agreement/LICENSING-AND-ROYALTY-AGREEMENT-3110363/#ixzz3pZeoX2tLSlide7

COMMERCIAL TEXTSSlide8

Commercial correspondence

Like legalese, the language of commercial correspondence is rather formulaic. Taylor (

pp

131-135) gives examples of standard formulae used in both informal

memoes

and formal business letters.

Today email has replaced the memo but the linguistic conventions are similar.

For important business agreements involving huge sums of money, formal letters are still required. They may be scanned and sent as email attachments nowadays, but as regards language they are little different from the letters sent by post thirty years ago.Slide9

ENGLISH

ITALIANO

Dear Sir/Madam,

Thank you for your order (n. 26/74418). We are delighted to inform you that delivery will

be carried out within the agreed time limit.

Egregi

Signori

,

Vi

ringraziamo

per

il

Vostro

ordine

(n. 26/74418)

e

siamo

lieti

di

informarVi

che

la

consegna

sarà

effettuata

entro

I termini

stabiliti

.

Our warehouse staff tell us that they

have started to prepare the consignment, which will be ready by the end of this month. The packaging instructions that you have provided will be carried out with all due care.

Dal

magazzino

ci

informano

che

hanno

già

iniziato

a

preparare

la partita,

che

sarà

pronta

entro

la fine di

questo

mese

. Le

istruzione

di

imballaggio

che

ci

avete

fatto

pervenire

saranno

eseguite

con la

dovuta

cura

.

The forwarding agent has sent us a quotation for all the expenses for transport of the goods, insurance and customs clearance. In the pro forma

invoice herewith enclosed there is a list of all these costs along with the price of the goods.

La

spedizoniere

ci ha

fatto

avere

un

preventivo

per

tutte

le

spese

di

trasporto

,

assicurazione

e

sdoganamento

delle

merci

.

Nella

fattura

proforma

,

che

accludiamo

,

c’è

un

elenco

di

tutti

questi

costi

,

insieme

col

prezzo

delle

merci

.

Slide10

ENGLISH

ITALIANO

As

soon as we have been notified

that a letter of credit has been issued

in our favour, we will instruct our carrier to proceed and we will contact you as soon as possible.

Non

appena

riceveremo

notizia dell’apertura di una lettera di credito a nostro favore, daremo istruzioni al nostro trasportatore e Vi contatteremo al più presto.We look forward to hearing from you in due course.Yours faithfully, (Yours sincerely,)In attesa di Vostre notizie, Vi inviamo i più cordiali saluti.

In a short text we have six technical terms: consignment, forwarding agent, customs clearing, pro form invoice,

letter of credit, carrier.

Note the use of

carry out

instead of

execute

.

Due

(adjective and adverb) =

dovuto

(“… with all due care.”)

Due to

=

dovuto

a

Owe

(verb) =

dovere

(

soldi

/un

favore

a

qualcuno

)Slide11

FALSE FRIENDS 10

What do you remember about

accurate

and

clamorous

?

Cognate

: a word that has the same derivation as another word (

victory

/

vittoria

)Cognato/a: brother-in-law, sister-in-lawCommedia: a playComedy: a comic production for the theatre, cinema or TVShakespeare’s plays fall into four categories: tragedies, comedies, history plays and problem plays.Commodity: merce. The village shop doesn’t just sell food but also a range of other commodities/goods: cleaning products, soap and shampoo, cosmetics, prescription-free medicines etc.Comodità: 1. Convenience

. The convenience of living in the city centre is counterbalanced by the problem parking the car. 2.

Comfort

. When I buy shoes, comfort is more important than style.Slide12

THE DIARY OF A BRAVE TRANSLATOR VERILY IN LEG – PART 10

My niece, Julie, has been getting on my nerves. She’s always complaining about how she feels stressed out all the time since the baby arrived. But for six years she did nothing but complain about how she desperately wanted a child but couldn’t get pregnant. In the end I told her straight: “Did you want the bicycle? Now pedal it!” But she still went on about how she doesn’t have any social life now because she has no one to babysit for her. “That was your choice,” I told her. “You can’t have the barrel full and the wife drunk.” She didn’t like that at all. In fact she told me to go and get myself blessed.Slide13

You’ve made your bed. Now lie in it.

You can’t have your cake and eat it.

She told me to…… get lost

go take a running jump

piss off/fuck off (DANGER!)

go forth and multiply (Biblical euphemism)