Untranslatability and Fidelity in Legal Translation Fidelity in translation refers, basically, to the extent to which the translation of a document conforms to the source text. How faithful is it, not only to the actual words, but to the actual message? This is the meaning of being faithful to the author. Of course, meanings change, […]
Breach of contract in Italian and English law: Non-performance (Inadempimento Contrattuale) and remedies: A Contrast
Contracts are the heart of business; they regulate not only the delivery of goods and services, but also, crucially, the expectations of the parties to a contract. Indeed, these expectations are so pertinent to the form and interpretation of a contract that English law has even evolved to protect non-pecuniary interests, such as hurt feelings […]
Brexit: cosa succede agli italiani che si trasferiscono in UK.
In occasione dei negoziati aventi per oggetto l’uscita del Regno Unito dalla Unione Europea, il premier inglese Theresa May ha raggiunto il seguente accordo con l’Unione Europea in relazione al diritto dei cittadini europei a soggiornare stabilmente nel territorio del Regno Unito. 1) I cittadini dall’UE che attualmente vivono nel Regno Unito non devono adempiere […]
Challenges in Translating Italian Criminal Law
The words used in different legal systems are not only terms used to denote meanings; they also have a deeper significance that relates to the inherent differences in the systems. This is relevant even to such seemingly innocuous terms such as the word “victim.” When translating, the cultural gaps should always be considered, not to […]
Indigato, imputato…the translation of Italian criminal law
In 2014, the Italian Code of Criminal Procedure was published in European standard English, thus bringing the unique nature of the Italian civil law to a wider audience. Despite the difference between Italian civil law and English common law, cooperation between countries within the European Union means that the differences between common and civil law […]
The Formation of Contracts under Italian Civil Law
Italy Freedom of contract (i.e. no numerus clausus of determined contract types). The standard way for entering into a contract is through a contractual offer (made by one party) and the acceptance of such contractual offer (by the other party) (article 1326 of the Italian Civil Code). Under Italian law (article 1325 of the […]
A Comparative Review of Italian and English Company Law
TransLex Italian regularly translates business and legal documents for clients, so we have long understood the vital importance of understanding the context of the documents concerned within the relevant jurisdictions. There are commonalities between English and Italian company law, but they do also differ on specific issues, and an awareness and understanding of these differences […]
Terminology of the Italian Legal System
A Abrogazione [Repeal] : the ceasing of a legal norm or a legislative act’s enforceability. The repeal can be expressed (by an explicit statement of legislator) or implied (because of inconsistency with subsequent law). Moreover it can be a consequence of referendum or due to intrinsic causes (special laws issued for a limited period or in particular […]