Legal translation, besides being an activity devoted to translating legal bodies, is also a language. This implies that it is a system composed of multiple parts, whose purpose is to exchange information. In this sense, it is very useful to understand and study the way this specific language is structured and, particularly, the way we compose contractual language.
For this purpose, the language categorization provided by Kenneth A. Adams in his book A Manual of Style for Contract Drafting proves useful, not only when reading and understanding a contract, but also when translating it. Thus, he distinguishes between language of obligation, language of performance, language of prohibition, discretionary language, language of declaration: representation, language of declaration: acknowledgment and language of policy.
We believe that these distinctions are true guiding principles when analyzing the anatomy of a contract – that is, its preamble, its clauses, the main body, its signature pages and relevant annexes.
In this way, Adams provides us with eight categories that, although not exhaustive, represent important distinctions when applied to a document that needs to be translated. Among them we find the language of obligation, which allows us to understand what the parties commit to doing in accordance with the contract they execute. On the other hand, the language of performance refers to the effective actions that the parties must adopt in order to comply with the contract’s provisions; the language of prohibition is related to what the parties are required to do; discretionary language accounts for what the parties can do according to the contract’s provisions. Furthermore, the language of declaration: representation relates to the statements made by the parties at the time they execute a contract. Along the same line, the language of declaration: acknowledgment accounts for the veracity of the declarations that the parties make under the contract. Finally, the language of policy is linked to provisions that will govern the contract and, ultimately, the parties.
Although this distinction may seem rudimentary or even common, it is of great importance when intervening in a legal body, since these categorizations help us to correctly use the correct verbs, nouns and adjectives in the different parts of a contract. Accordingly, based on each category, certain conjugations will apply, which ultimately allow the communication and expression of a contract’s enforceable nature. Among these operative expressions we find, for example, shall, may, must not, hereby, duty to, agree, etc., that if correctly applied to the corresponding category, will allow us to shed light onto the document that is being translated. Or, to the contrary, if applied abusively or repetitively, they will distort the meaning and, ultimately, the consistency of a contract.
Having said this, understanding the composition and, in this case, the way a contract communicates, is vital when translating a document from one language to another. Although this categorization of contractual language is not an absolute tool when working on a legal document, it is a lexical-legal approximation that, along with other techniques, will markedly help with the task of effectively communicating a legal document.
For this purpose, the language categorization provided by Kenneth A. Adams in his book A Manual of Style for Contract Drafting proves useful, not only when reading and understanding a contract, but also when translating it. Thus, he distinguishes between language of obligation, language of performance, language of prohibition, discretionary language, language of declaration: representation, language of declaration: acknowledgment and language of policy.
We believe that these distinctions are true guiding principles when analyzing the anatomy of a contract – that is, its preamble, its clauses, the main body, its signature pages and relevant annexes.
In this way, Adams provides us with eight categories that, although not exhaustive, represent important distinctions when applied to a document that needs to be translated. Among them we find the language of obligation, which allows us to understand what the parties commit to doing in accordance with the contract they execute. On the other hand, the language of performance refers to the effective actions that the parties must adopt in order to comply with the contract’s provisions; the language of prohibition is related to what the parties are required to do; discretionary language accounts for what the parties can do according to the contract’s provisions. Furthermore, the language of declaration: representation relates to the statements made by the parties at the time they execute a contract. Along the same line, the language of declaration: acknowledgment accounts for the veracity of the declarations that the parties make under the contract. Finally, the language of policy is linked to provisions that will govern the contract and, ultimately, the parties.
Although this distinction may seem rudimentary or even common, it is of great importance when intervening in a legal body, since these categorizations help us to correctly use the correct verbs, nouns and adjectives in the different parts of a contract. Accordingly, based on each category, certain conjugations will apply, which ultimately allow the communication and expression of a contract’s enforceable nature. Among these operative expressions we find, for example, shall, may, must not, hereby, duty to, agree, etc., that if correctly applied to the corresponding category, will allow us to shed light onto the document that is being translated. Or, to the contrary, if applied abusively or repetitively, they will distort the meaning and, ultimately, the consistency of a contract.
Having said this, understanding the composition and, in this case, the way a contract communicates, is vital when translating a document from one language to another. Although this categorization of contractual language is not an absolute tool when working on a legal document, it is a lexical-legal approximation that, along with other techniques, will markedly help with the task of effectively communicating a legal document.
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