Legal translation can be defined as a process of communication between languages and cultures that, in this case, takes place within a legal framework.
International trade, cross-border judicial cooperation and many other factors have turned legal translation into an indispensable service.
Italy and Spain: two legal systems with common roots
If we focus on Spanish and Italian law, the common ground is substantial: both have their roots in Roman law, both share everything that relates to the European Union framework in this area… Yet despite those significant similarities, translating a legal document between Italian and Spanish carries plenty of difficulties.
The technical demands of a legal text
A legal text is, by nature, a technical text, and its translation must produce exactly the same effects in the legal system of the target language. To handle this work well, the translator needs a deep command of both languages and enough knowledge of both legal systems to understand them properly.
Both requirements are essential when tackling a job that brings no shortage of challenges:
- The opacity of legal language
- Vocabulary traps
- Highly specific technical and conceptual terms
- Lexical gaps
- The choice of the precise term
The paradox of related languages
Added to all this is another challenge that should not be underestimated: the strong similarities between Spanish and Italian. Paradoxical as it may sound, the affinity between the two languages makes the translator's task harder. The translator must be especially careful to avoid interference between the two languages and other errors stemming from their close lexical and morphosyntactic proximity.
We discuss this phenomenon in more detail in our article Italian translation: the pitfalls of closely related languages.
Differences in the use of verb tenses
One of the main differences between Spanish and Italian legal language lies in how verb tenses are used.
Where Spanish legal writing leans heavily on the subjunctive, the future indicative and the gerund, Italian legal writing is dominated by the indicative. In Italian legal texts, you will not find independent clauses in the subjunctive — and therefore no direct dubitative questions, nor optative or exhortative main clauses.
The lack of equivalence between institutions
Another example that illustrates the difficulties facing legal translators in this pair is the lack of equivalence between institutions. When there is no equivalent, the translator must fall back on calque or explanation.
Even when an equivalent does exist, care is needed when using it: the institution referred to in the source is foreign and must be presented as such, to leave no room for doubt or misinterpretation.
Conclusion
In short, many of the problems in Italian-Spanish legal translation stem from linguistic interference and from a lack of familiarity with certain cultural aspects. Particular care is needed, because the aim of this kind of translation is not to move from one legal system to another, but to communicate to a legal system what has been issued or agreed by a foreign body belonging to a different legal system.
For that reason, the peculiarities of the source system must be preserved and remain comprehensible. Hence the importance of entrusting this kind of document to qualified professionals.
Need a sworn Italian-Spanish translation?
At Textualia we also handle sworn translation projects from Italian into Spanish. Although our main pairs are English and French into Spanish, we have the expertise and the resources to offer you a professional Italian service. Write to us at info@textualia.com or via WhatsApp on +34 646 07 68 54 and we will put together a tailored quote.