| Abstract [eng] |
The thesis examines the process of translation of private contracts, with particular focus on the contract translation model (Decalogue) proposed by Alenka Kocbek and its applicability in translating contracts governed by the common law of England and Wales into Lithuanian, taking into account that the target audience is familiar with the Lithuanian legal culture. The thesis seeks to identify the limits of the application of this model by assessing the extent to which it is consistent with the theoretical and practical requirements for the translation of contracts. The thesis discusses the peculiarities of translation of contracts in comparison with translation of other legal documents, and presents the fundamental differences between the common and continental law systems in relation to contracts and their translation. The methodology of the thesis is based on descriptive and comparative methods. The paper points out that the applicability of the Decalogue may be limited by various aspects such as the applicable law, the conditions for the primacy of the language of the contract, and the implicit or explicit conditions for the supremacy of the contract language. The thesis also raises questions about the types of translation of contracts proposed in the Decalogue, taking into account the translation scopos, as well as the classification of scopos, in particular in the light of the language supremacy of one of the texts of a contract (in case of a clause of one in a contra or under the law applicable). In the opinion of the author, a translation made for information purposes should not be substantially different regardless of its addressee, or limitations on the use of the translation in relation to the translation scopos and the type of translation should be expressly be stated. High-quality translation of contracts requires not only linguistic, but also deep legal and cultural expertise, and ability to apply individual strategies, taking into account the particularities of both legal systems. Kocbek’s model provides a clear theoretical and practical framework; however, this study confirms that the skopos theory can be applied to contract translation only with clear limitations. |
