Functional Equivalence in Legal Translation: Legal Contracts as a Case Study (Published)
The aim of the present study is to investigate the applicability of Nida’s functional or dynamic approach in legal translation, specifically in translating legal contracts. It is also aimed at investigating the difficulties that translators encounter in translating legal contracts in the Kingdom of Saudi Arabia and at shedding light on the translation procedures used by translators in translating legal contracts. Data were obtained from two sources. First, a translation task was assigned to two translators for the purpose of comparing and analyzing two translations each of five legal contracts. Second, a semi-structured interview was conducted to determine the real-world difficulties that translators usually encounter in translating legal contracts. The study revealed that serious problems arise from applying only the formal equivalence approach. There is an urgent need for an integrated approach to legal translation that combines both the literal and the free approaches or the formal and the dynamic approaches, fully taking into account the lexical, syntactic, cultural, and stylistic factors in the translation process.
Keywords: Contract, Equivalence, Free Translation, Legal, Legal translation, dynamic equivalence, formal equivalence, functional equivalence, literal translation.
Termination of Order Contract (Published)
With the termination of the order contract we will understand the termination of its effects. The cautions and the reasons for termination of the order are provided respectively in Articles 927 to 934 of the Civil Code. I think that the reasons for these provisions are not taxation. They need not be understood narrowly. For the order contract, the general causes of termination of obligations will also apply, even though they are not explicitly foreseen. Historically, the previous legislation foresaw the causes of extinction more fully
Keywords: Civil Code, Contract, Order, Termination
Characteristics of Contracts for the Benefit of Third Parties (Published)
A contract can affect a third party. However, the doctrine of privity means that, as a general rule, a contract cannot confer rights or impose obligations arising under it on any person except the parties to it. This paper deals with the theoretical and practical analysis of the contract for the benefit of a third person by which the benefit obtained from the obligation passes to the third non contractual party. Due to the particular features of this contract, it is important to examine it in detail in order to highlight the special legal nature of the contract for the benefit of the third party as a legal transaction, the elements of the contract, the characteristics, its historical development etc. Also, this paper presents a concept of the specific status of the third party. The author supports the view that the third party (the beneficiary) is an independent contractor who has specific duties and obligations as well as rights and benefits, which is an argument based on the modern theory of interdependence of legal rights and obligations.
Keywords: Beneficiary, Contract, Obligations., Rights, Third Party
IMPACT OF DELIBERATE BREACH OF CONTRACT WITH FOCUS ON INTERNATIONAL INSTRUMENTS (Published)
It is necessary to differentiate among different types of breach bearing in mind that their legal belongings are not similar when breach of contract takes place. Various forms of Non- performance are taken like actual and anticipatory or non-fundamental and fundamental breach. Although, breach or non-performance may be divided into unintended and deliberate one at the standpoint of will. Who has behaved in bad-faith it cannot be indifferent to obligor by Law. In favor of oblige some legal systems have been changed and upgraded at this end. With special remedies, some of international tools like DCFR, PECL and UPICC deliberate breach have been encountered. This paper examines the fastidious effects of deliberate breach with prominence on above mentioned documents.
Keywords: Contract, Effects, Intentional Breach, International Instruments