Part 2: Terminological Pitfalls

The second part of Tom West’s talk demonstrated how relying on dictionaries alone (even the leading specialized legal dictionaries on the market) can create problems during the translation process. One example he gave was the issue of reorganization/bankruptcy. Translators will be relieved to know that there is much confusion among the French terms liquidation judiciaire, faillite, règlement judiciaire, liquidation des biens, and redressement judiciaire and that they may encounter incorrect or inconsistent use of the various terms in original French source contracts. In fact, Tom explained that, due to changes in French law in 1967 and 1985, the meanings of the French terms have changed. As an example (and to show how confusing this term can be if the translator relies on dictionaries alone):

• Prior to 1967, liquidation judiciaire meant “reorganization” (in which the debtor is insolvent but may continue operations).
• After 1985, however, this mechanism was called redressement judiciaire, whereas “straight bankruptcy” (in which the debtor ceases operations) was now called liquidation judiciaire under the French system.

According to Tom, “though published in 1994, the Council of Europe French-English Legal Dictionary describes only the situation from 1967 to 1985.”

Next, Tom reviewed a number of sticky terms from common contract clauses. He then went on to discuss clauses specific to international contracts, an area of particular interest to contract translators and the clients who use their services. One important point he made was that any contract that is translated should include a clause stipulating the governing language. For French source contracts, this will often be stated as “La version française fait foi” or something similar. Likewise, international contracts should also contain a clause setting forth the governing law (droit applicable).

Key take-aways:

• Check with the client if there is any evidence that these or other terms are being used incorrectly or inconsistently in a French source contract.
• Researching terminology will allow you to ask intelligent questions that will ensure the best possible translation.
• Making the client aware of any inconsistencies in the source document will help the client imrove the source document and demonstrate your commitment to quality work.
• If a contract you are translating does not have a “governing language” clause feel free to raise the issue with your client.
  

For terminology, Tom West recommends Bryan A. Garner’s A Dictionary of Modern Legal Usage (Oxford University Press) and the Council of Europe French-English Legal Dictionary, by F. H. S. Bridge, among other works.

Coming soon: Part III – A Few Words about Style