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 […]
The Italian Legal System
The Italian Legal System European legal systems have various origins, but in particular, they have descended from classical Roman Law, which became with time “jus civile ”, and can be distinguished in many ways from the “Common Law”. The Italian legal order has two fundamental origins, “jus privatorum ” and “ jus publicum ”; this traditional division […]
The Concise Law of Switzerland and the Importance of Clarity in Contract Interpretation
I’ve recently been translating a contract for a Swiss national, public company and found that my familiarity with Swiss law wasn’t quite as in-depth as is the case with Italian law. The project meant checking a number of Articles within the Swiss Civil Code (Codice civile svizzero), and the Swiss Code of Obligations. The comparison […]
The Lawyer-Linguist
Lawyer-linguists have grown in demand in recent years as companies, law firms and institutions realise their value. Translex Italian for example, regularly translates for the European Commission and law firms in Italy and across Europe. However, the role is not always widely understood, and this video produced by the European Parliament explains it in greater detail.
The specialised role of the lawyer-linguist
A legal translator, or lawyer linguist must master the basic concepts and terminology of not only the law but also of the particular legal sector in question, such as family law, criminal law, or corporate law. . Legal translation is at the heart of multilingual communication as it enables individuals, companies, firms and judicial and administrative bodies […]