Abstract
Corpora-based analysis has become one of the major methodologies used in linguistics. However, it has not been widely applied in legalese studies. The paper makes an attempt to discuss the usefulness of the specialized combined parallel-comparable corpus while dealing with the legal language. The effectiveness is presented on the example of the Treuhand and the Treuhänderschaft. The research is based on the comparative analysis as well as the corpus-based analysis of the terms related to the Treuhand and the Treuhänderschaft presented in two varieties of German: Standard German spoken in Germany and Liechtenstein’s German. The corpus-based analysis reveals the juridical-semantic differences and the problematics of the verbal realization of the concepts. These hinder a proper interpretation and complicate the process of translation. The major solution is found through the specification of meaning by renaming. This solution may acquire the greatest importance in today’s world, because the process of globalization widens the area of utilization of the Treuhand and the Treuhänderschaft and any obscurity or incomprehensibility can cause problems during cross-national linguistic and juridical activities.
References
Aijmer, Karin, and Bengt Altenberg. 1996. Introduction. In: Languages in contrast. Papers from a Symposium on Text-Based Cross-Linguistic Studies, eds. Karin Aijmer, Bengt Altenberg and Mats Johansson, 11–16. Lund: Lund University Press.
Brezina, Vaclav and Dana Gablasova. 2018. The corpus method. In: English Language: description, variation and context, eds. Jonathan Culpeper, Paul Kerswill, Ruth Wodak, Tony McEnery and Francis Katamba, 595–609. Basingstoke, Hampshire: Palgrave Macmillan.
Bürgerliches Gesetzbuch (BGB), BGB – nichtamtliches Inhaltsverzeichnis (gesetze-im-internet.de) (accessed August 19, 2023)
Elgar Encyclopedia of Comparative Law. 2006. Ed. Jan M. Smits, Northampton: Edward Elgar Cheltenham.
Fernandes, Lincoln. 2006. Corpora in translation studies: revisiting Baker’s typology. Fragmentos, 30: 87–95.
Gast, Volker. 2011. Contrastive analysis: Theories and methods. In: Dictionaries of linguistics and communication science: linguistic theory and methodology, eds. Bernd Kortmann and Johannes Kabatek, 9–119. Berlin: Mouton de Gruyter.
Gelter, Martin and Geneviève Helleringer. 2018. Fiduciary principles in European civil law systems. Working Paper N° 392/2018 http://ssrn.com/abstract=3142202 (accessed June 21, 2023).
Germany: detailed assessment report on anti-money laundering and combating the financing of terrorism. 2010. Germany: Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism; IMF Country Report 10/78; February 1, 2010 (accessed July 21, 2023). DOI: https://doi.org/10.5089/9781451981810.002
Granger, Sylviane. 2010. Comparable and translation corpora in cross-linguistic research. Design, analysis and applications. Journal of Shanghai Jiaotong University, 2: 14–21.
Gretton, George. 2000. Trusts without equity. International and Comparative Law Quarterly, 49: 599–620. DOI: https://doi.org/10.1017/S0020589300064381
Heup, Eva. 2016. Trusts in common law and civil law. paper.pdf (vuw.ac.nz) (accessed July 21, 2023).
Inhaltsverzeichnis PGR PGR | Lilex - Law database of the Principality of Liechtenstein (gesetze.li) (accessed July 21, 2023).
Lupoi, Maurizio. 2023. Trusts in mixed jurisdictions. Pravovedenie, 67 (1): 21–55. DOI: https://doi.org/10.21638/spbu25.2023.102
Perrin, Julien. 2008. The recognition of trusts and their use in estate planning under continental laws. Yearbook of Private International Law, 10: 629–666. DOI: https://doi.org/10.1515/9783866538566.7.629
Personen- und Gesellschaftsrecht vom 20 Januar 1926, PGR | Lilex - Law database of the Principality of Liechtenstein (gesetze.li) (accessed June 18, 2023).
Quinci, Carla 2023. Translation competence: theory, research and practice. New York, NY: Routledge. DOI: https://doi.org/10.4324/9781003227298
Report from the Commission to the European Parliament and the Council assessing whether Member States have duly identified and made subject to the obligations of Directive (EU) 2015/849 all trusts and similar legal arrangements governed under their law, REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL (europa.eu) (accessed August 19, 2023).
Sandor, Istvan. 2016. Different types of trust from an ownership aspect. European Review of Private Law, 6: 1189–1216. DOI: https://doi.org/10.54648/ERPL2016069
Santos, André. 2011. A survey on parallel corpora alignment. MI-STAR: 117–128.
Schoenblum, Jeffrey. 2009. Multistate and multinational estate planning. Volume I. The USA: CCH a Wolters Kluwer Business.
Schurr, Francesco. 2011. Charitable foundations in the principality of Liechtenstein – tradition and recent developments. Victoria University of Wellington Law Review, 42 (1): 159–174. DOI: https://doi.org/10.26686/vuwlr.v42i1.5141
Selbig, Sabine. 2006. Förderung und Finanzkontrolle Gemeinnütziger Organisationen in Großbritannien und Deutschland, Rechtsformen, Steuerliche Förderung und Finanzkontrolle. Tübingen: Mohr Siebeck.
Sinclair, John. 1996. Comparable Corpora. Comparable corpora (cnr.it) (accessed June 4, 2023).
Wolf, Sebastian, Peter Bussjäger, and Patricia Schiess. 2018. Law, small state theory and the case of Liechtenstein. Small States Territories SST, 1(2): 183–196.
Zanettin, Federico. 2011. Translation and corpus design. SYNAPS – A Journal of Professional Communication, 26: 14–23.
Zhang, Chi. 2023. Re-exploring the nature of dual ownership in English trusts: a Scottish law perspective. Trusts & Trustees, 29 (1): 62–78. DOI: https://doi.org/10.1093/tandt/ttac113
Zhang, Jing. 2021. The rationale of publicity in the law of corporeal movables and claims. Doctoral Thesis. Universiteit Leiden, the Netherlands, view (universiteitleiden.nl) (accessed June 2, 2023).
License
Copyright (c) 2024 Irina Gvelesiani
This work is licensed under a Creative Commons Attribution 4.0 International License.
When submitting a paper the author agrees to the following publishing agreement and processing personal data.
PUBLICATION AGREEMENT, COPYRIGHT LICENSE, PERSONAL DATA PROCESSING CONSENT
This is a publication agreement and copyright license (“Agreement”) regarding a written manuscript currently submitted via Pressto platform
(“Article”) to be published in Comparative Legilinguistics International Journal for Legal Communication (“Journal”).
The parties to this Agreement are:
the Author or Authors of the submitted article (individually, or if more than one author, collectively, “Author”) and Comparative Legilinguistics International Journal for Legal Communication (“Publisher”), address al. Niepodległości 4, 61-874 Poznań, represented by its editor in chief Aleksandra Matulewska.
§1. LICENSE OF COPYRIGHT
a) The Author and the Publisher agree that the Author grants a Creative Commons Attribution 4.0 International License, which is incorporated herein by reference and is further specified at Creative Commons — Attribution 4.0 International — CC BY 4.0 copyright license in the Article to the general public.
b) The Author grants to the Publisher a royalty-free, worldwide nonexclusive license to publish, reproduce, display, distribute, translate and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw, Lexis and SSRN). The Author retains ownership of all rights under copyright in the Article, and all rights not expressly granted in this Agreement.
c) The Author grants to the Publisher the power to assign, sublicense or otherwise transfer any and all licenses expressly granted to the Publisher under this Agreement.
d) Republication. The Author agrees to require that the Publisher be given credit as the original publisher in any republication of the Article authorized by the Author. If the Publisher authorizes any other party to republish the Article under the terms of paragraphs 1c and 1 of this Agreement, the Publisher shall require such party to ensure that the Author is credited as the Author.
§2. EDITING OF THE ARTICLE
a) The Author agrees that the Publisher may edit the Article as suitable for publication in the Journal. To the extent that the Publisher’s edits amount to copyrightable works of authorship, the Publisher hereby assigns all right, title, and interest in such edits to the Author.
§3. WARRANTIES
a) The Author represents and warrants that to the best of the Author’s knowledge the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person. The Author agrees to indemnify and hold harmless the Publisher against all such claims.
b) The Author represents and warrants that the Author has full power and authority to enter into this Agreement and to grant the licenses granted in this Agreement.
c) The Author represents and warrants that the Article furnished to the Publisher has not been published previously. For purposes of this paragraph, making a copy of the Article accessible over the Internet, including, but not limited to, posting the Article to a database accessible over the Internet, does not constitute prior publication so long as the as such copy indicates that the Article is not in final form, such as by designating such copy to be a “draft,” a “working paper,” or “work-in-progress”. The Author agrees to hold harmless the Publisher, its licensees and distributees, from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph.
§4. TERM
a) The agreement was concluded for an unspecified time.
§5. PAYMENT
a) The Author agrees and acknowledges that the Author will receive no payment from the Publisher for use of the Article or the licenses granted in this Agreement.
b) The Publisher agrees and acknowledges that the Publisher will not receive any payment from the Author for publication by the Publisher.
§6. ENTIRE AGREEMENT
a) This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Publisher with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement.
b) In all cases not regulated by this Agreement, legal provisions of Polish Copyright Act and Polish Civil Code shall apply.
c) Any disputes arising from the enforcement of obligations connected with this Agreement shall be resolved by a court competent for the headquarters of the Publisher.
d) Any amendments or additions to the Agreement must be made in writing and signed by authorised representative of both parties, otherwise being ineffective.
e) This Agreement is signed electronically and the submission of the article via the PRESSto platform is considered as the conclusion of the Agreement by the Author and the Publisher.
f) Clause for consent to the processing of personal data - general
g) The Author shall give his or her consent to the processing of their personal data in accordance with the Act of 10 May 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons physical in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) for the purpose and in connection with making publications available on the PRESSto scientific journals platform and DeGruyter platform, guaranteeing the security of services rendered, and improving them.
I HAVE READ AND AGREE FULLY WITH THE TERMS OF THIS AGREEMENT.
The Author The Publisher