Translating legal concepts
Contract clauses are sometimes "typical" clauses that are used on a recurring basis and sometimes slightly modified. In this case, it is important for the translator to recognize such a clause and be able to translate it using the terms usually used in the source language, retaining the nuances of the original text. This work helps the coherence of the translation and its interpretation by the parties or by the judge.This is only possible if the translator is used to legal terms and has experience in contract translations. Where a simply bilingual person will be tempted to do literal translation, the professional legal translator will know what certain concepts are referring to. It will have the agility to place a standard clause in its original legal context.
The primacy of the original contract
A legal translation, including a contract, must be verified by a legal professional in the jurisdiction. Your translation agency may be able to refer you to such a professional. But it is not always easy to find one available, in the case of a Chinese translation for example.It is generally advisable to attach the original document and add a clause to the translated document of the type "If there is a discrepancy between the versions with respect to the rights and obligations of the parties under this contract the version (for example) will be authentic. »For example, indicate that the French contract must be authentic and not its translation into English,or vice versa.
This clause establishing the primacy of the original text over translation is essential because it avoids conflicts of interpretation between different jurisdictions or even different parties in the same dispute.Indeed, beyond the problems of misplaced commas, translated terms that would be quite correct for normal language can change the meaning of a legal translation.
