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SUBJECTS= Legal. Canada. Technical. French. English.
AUTHOR= Pigeon, Louis-Philippe
YEAR = 1982
TITLE = "La traduction juridique. L'équivalence fonctionnelle" [Legal translation. Functional equivalence]
PUBLISHER = Linguatech
LANGUAGE = French
TYPE = Chapter
ABSTRACT = In Canada, legal translation has acquired a new dimension under the impulse of the Official Languages Act enacted some ten years ago. Instead of a bare minimum of French mostly of poor quality, there is now at the federal level a determined effort towards linguistic equality followed by similar efforts of variable importance in three provinces.
Legal terms present an exceptional difficulty due to fundamental differences between the French Civil law and the English Common law systems. For a few expressions such as 'Common law' and 'Equity' which are definitely untranslatable and without any equivalent there seems to be no alternative to the use of the English words in the French versions of statutes, judgments and other
legal documents. However a generalized use of this method would not be acceptable. Hence it becomes necessary to translate by words conveying an approximately equivalent legal concept. Care must be taken to avoid literal translations which would not convey a proper meaning such as 'biens réels' and 'biens personnels' for 'real property' and 'personal property', 'biens-fonds' and
'biens mobiliers' should be used. [Source: Author]
COMMENTS= In: Gémar, Jean-Claude (ed.) 1982. 'Langage du droit et traduction: Essais de jurilinguistique.'
ACKNOWLEDGMENTS= Record supplied by Roxana Antochi.
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