PROBLEMATISCHE ASPEKTE BEI DER ÜBERSETZUNG JURISTISCHER TEXTE AUS DEM RUMÄNISCHEN INS DEUTSCHE. EIN VERGLEICHENDER ANSATZ
PROBLEMATIC ASPECTS OF TRANSLATING LEGAL TEXTS FROM ROMANIAN INTO GERMAN. A COMPARATIVE APPROACH

Summary/Abstract: Legal translation plays a crucial role in today’s globalized world, where cross-border legal relations are increasingly common. Translating legal texts is not merely a linguistic exercise but a complex act of bridging legal systems and cultures. This paper focuses on the specific challenges involved in translating legal texts from Romanian into German, emphasizing the terminological, conceptual, and cultural differences that make this task especially demanding. The German legal system is characterized by a highly systematic and codified structure, which significantly influence the interpretation of contracts and legal norms. In contrast, Romanian law, though also based on civil law traditions, exhibits distinct institutional and terminological features, including a more pragmatic approach and different emphases in legal interpretation. A major focus of this work is the problem of terminological equivalence. Legal terms are deeply embedded in their respective national legal cultures and cannot always be translated literally. Translators must ensure that the original legal intentions are faithfully conveyed while adapting to the target legal system's requirements. The paper further discusses the different legal philosophies and interpretative traditions in Romania and Germany. While German law stresses systematic interpretation and doctrinal coherence, Romanian law often allows more flexibility, considering case-specific circumstances. These differences underline the translator’s role not only as a linguistic expert but also as an intercultural mediator who bridges legal thinking and ensures accurate, functional communication. Practical examples, such as translating contracts and court decisions, illustrate these challenges. In the case of contracts, vague or ambiguous Romanian clauses must be carefully rendered into precise German formulations to avoid legal uncertainties. Similarly, judgments involve specific legal consequences and institutional logic that require detailed understanding to be correctly translated. In terms of methodology, the paper combines theoretical analysis with practical case studies, aiming to offer concrete strategies for overcoming these challenges. Among these strategies are continuous collaboration with legal experts, the use of specialized legal dictionaries and databases, and the insertion of clarifying notes when necessary. In conclusion, the study underscores that legal translation between Romanian and German law involves more than achieving linguistic accuracy; it requires comprehensive legal knowledge and cultural sensitivity. As global legal interactions continue to grow, the demand for highly qualified legal translators will increase. Only through a combination of linguistic skill, legal expertise, and intercultural competence can translators provide legally sound and culturally appropriate translations.

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