Land Registration Concepts in Translation
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Land Registration Concepts in Translation Jan Gościński1 · Artur D. Kubacki1 Accepted: 4 November 2020 © The Author(s) 2020
Abstract Land registration systems are used throughout the world in order to store information on the ownership of land, rights attached to it, and burdens affecting it. A smoothly functioning land registration system guarantees the security of land transfer operations. However, there are significant differences in the way national land registration systems are run due to their historical development and divergent legislative approaches to land registration. Consequently, the need arises to compare different systems so as to find both common ground and discrepancies between them. The paper contains such a comparative analysis which has been carried out with translation in mind: to discover the best ways of transferring land registration legal concepts expressed in one linguistic framework and characteristic of a given legal culture into target legal spaces using other linguistic frameworks. The comparison in question has taken place in a third space, a space where selected aspects of selected legal systems mingle revealing more or less clear similarities and more or less distinct differences between them. The juxtaposition of source and target legal cultures in a third space has resulted in finding translation equivalents that do not abuse (traumatize) the original ideas or—if this has been unavoidable—abuse them to the smallest extent possible. The analysis has covered the Polish land registration system and equivalent systems in English- and German-speaking countries (England and Wales, Scotland, Northern Ireland, Ireland, the USA, Austria, Germany, Switzerland) and has been conducted from the point of view of a Polish-English and Polish-German translator. Keywords Comparative law · Land registration · Translation equivalence · Third space · Intercultural communication
* Jan Gościński [email protected] Artur D. Kubacki [email protected] 1
Pedagogical University of Kraków, Kraków, Poland
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J. Gościński, A. D. Kubacki
1 Introduction Put succinctly, “the translator of a legal text aims at introducing foreign legal worldviews into a different legal life-world. His task is to make the foreign legal text accessible for recipients with a different (legal) background” [24, p. 283]. As “law and legal language are system-bound, that is, they reflect the history, evolution and culture of a specific legal system” [6, p. 23], legal translation clearly belongs to “the area of intercultural communication, requiring not only language mediation but heightened cultural expertise” [28, p. 133]. Anne Wagner proposes a new theoretical framework, explaining how this process of intercultural communication in the field of law comes to fruition. The novel theory draws on a concept developed by Homi Bhabha. He states [26, p. 211] that “all forms of culture are continually in a process of hybridity”, adding that for him “the importance of hybridity is not to be able to trace two original m
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