Romanismy v Novém občanském zákoníku a jejich francouzské ekvivalenty
[Romanisms in the Czech New Civil Code and their French Equivalents]
Hodková, K. 2020. „Romanismy v Novém občanském zákoníku a jejich francouzské ekvivalenty.“ Acta Fakulty filozofické Západočeské univerzity v Plzni / West Bohemian Review of Social Sciences & Humanities 12 (1): 61–82.
The purpose of this study is to present findings from original linguistic research, which combines two linguistic disciplines applied to language for specific purposes, more precisely to legal language: etymology and translatology. The study aims to draw a definitive conclusion regarding the presence of romanisms in the so-called Nový občanský zákoník (New Civil Code) of the Czech Republic while also trying to demonstrate the process of the translation of legal terms and the various obstacles that the translator may encounter. Special attention is also paid to the equivalence of legal concepts. The methodology was as follows: Firstly, romanisms were extracted from the text of Nový občanský zákoník; secondly, selected terms containing romanisms were translated into French using primarily existing French laws, and thirdly, the Czech terms and their French translations were compared from various perspectives. The proposed French translations were also compared to translations that can be found in the official French translation of Nový občanský zákoník in order to evaluate how appropriate the official translations are for legal concepts and existing French legal terminology. According to the findings of this research, it can be stated that the text of Nový občanský zákoník contains 32 romanisms in various forms and as parts of numerous terms. The romanisms were all of either French or Italian origin. As for the equivalence of concepts, the tested sample included examples of perfect equivalence, partial equivalence and zero equivalence. The obstacles encountered during the translation include partial and zero equivalence, missing legal definition, rivalry of multiple different translations, and others. The study also offers possible solutions to these problems. After examining the official translations, it was found that while some of the translations are usable without much problem, others can cause severe misinterpretations.
romanisms, loanwords, terminology, etymology, Nový občanský zákoník, conceptual equivalence