Some states have also adopted specific rules on translation. For example, Texas Rule of Evidence 1009 provides a general overview of the authorisation and intercess of foreign language translations as documentary evidence. Translation of a document into a foreign language is generally permitted provided that it is accompanied by an affidavit from a qualified foreign language translator, indicating the translator`s qualifications and that the translation is fair and correct. There are also procedures for submitting the document to the other party and contradicting the translation. For states that do not have such rules of evidence, the parties can nevertheless establish the Texas rule as a rule for establishing a reasonable record of the reliability of the proposed translation. Q: We often see an English clause in credit and security documents when dealing with Quebec borrowers and guarantors. When should this clause be included in these documents? What`s wrong with these clauses? Why don`t they solve the problem of language priority? Finally, both clauses reflect the fact that the contract is written in two languages and only one is the mandatory version. If there is conflict, the first language will predominate. Therefore, there should never be an argument between the parties over the interpretation of treaties. There`s only one contract that counts, isn`t it? If the parties to an international contract use different languages, a language clause should be included in the treaty. Even if the parties are the only language to adopt, there must be a clause defining the official version of the document. Below are two classic examples of clauses that choose the choice of language: language.
This agreement was developed in English. If there is a discrepancy between the English version of this contract and a translation, the English version is given priority. It is not used very often, but from time to time it might encounter: a boiler platform on the language of the contract. Such a provision should provide for what might happen… The only way to ensure a precise translation is to check it point by point, inconsistency clause clause. In an ideal situation, a translation is carried out by a lawyer (either within your firm or by a contract lawyer hired, abroad or on the spot) who can provide legal advice on the correct language to use in translation. In situations where this is not possible, translation companies with experience in developing legal documents and explaining the implications should be used in the choice of words, so that the lawyer who does not speak the foreign language will be able to make decisions about the choice of words. If the lawyer does not have the foreign language capability and the client does not wish to hire an additional lawyer to confirm the translation, the client should be notified of the potential for inappropriate translation and the impact on the terms of the contract. A: A typical English language clause may be worded as follows: … if the contract is translated into another language (for example.
B because local law stipulates that contracts are written in an officially recognized language so that the contract is valid and enforceable). It is important to recognize this and determine which version will prevail in the event of contradictions or contradictions between the two.