engleski

Legal Translation and Legal Certainty/Uncertainty: From the DCFR to the CESL Proposal

Recognizing the crucial role of language and translation in the harmonization of European contract law, this article deals with the incompatibility of legal translation and legal certainty, showing how the imperfections of legal translation and the indeterminate character of language hinder cross-border transactions. Special attention is devoted to the new meta-language of the academic DCFR, which attempts to express uniform concepts in neutral terminology detached from national legal systems and cultures. A comparison is made with the language in the political CESL, an opt- in instrument containing a uniform set of contract law rules, which will be available in all EU languages and should be interpreted autonomously Union-wide.

legal translation; legal certainty; harmonization of European contract law; Draft Common Frame of Reference (DCFR); Common European Sales Law (CESL)

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