Keywords
Polish civil code
French civil code
legal language
comparative analysis
How to Cite
Abstract
The Civil Code is one of the most important statutory instruments regulating civil matters in Poland and France. The aim of the paper is to make the readers acquainted with the development of the civil code in Poland and France and to show the impact of the French Code civil on the contemporary Polish legal language. The author presents techniques of providing equivalents for non-equivalent terminology applied in the translation of the Code rendered by F.K. Szaniawski in 1808. It is stressed here that despite the fact that borrowings, as a technique of providing equivalents which is highly criticised, still affected the Polish legal language (e.g. hipoteka [hypothèque], pupil [pupille], inwentarz [inventaire], testator [testateur]).
References
Cornu, Gérard. 2005. Vocabulaire juridique. Paris: PUF
Groot, G.R. 1998. „Problems of Legal Translation from the Point of View of Comparative Lawyer”. W Translation, our future. Proceedings of XIth World Congress of FIT. Maastricht: Euroterm.
Jabłońska-Bonca, Jolanta. 1994. Wstęp do nauk prawnych. Poznań: Ars boni et aequi.
Kierzkowska, Danuta. 2002. Tłumaczenie prawnicze. Warszawa: Wydawnictwo TEPIS.
Lukszyn, Jerzy. (red.) (1993), Tezaurus terminologii translatorycznej. Warszawa: Wydawnictwo Naukowe PWN.
Rosner, Anna. 2008. „Pierwsze polskie tłumaczenia Kodeksu Napoleona”. W Kodeks Napoleona. Historia i współczesność, K. Sójka-Zielińska, 271-294. Warszawa: LexisNexis.
Šarčević, S. (1997), New Approach to Legal Translation. The Hague: Kluwer Law International.
Sójka-Zielińska, Katarzyna. 2008. Kodeks Napoleona. Historia i współczesność. Warszawa: LexisNexis.
Wolter, Aleksander, Jerzy Ignatowicz, Krzysztof Stefaniuk. 1996. Prawo cywilne. Zarys części ogólnej. Warszawa: Wydawnictwa Prawnicze PWN.
Publication électronique
Kacperski, Ernest. 2009. Zapożyczenia. http://eduseek.interklasa.pl
Cite Internet
Słownik wyrazów obcych i zwrotów obcojęzycznych W. Kopalińskiego.
http://www.slownik-online.pl/kopalinski (data dostępu luty 2009 r.)
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