How to translate a contract successfully? Our tips…

In the age of globalisation, contract translation is essential for cross-border and multilingual partnerships. But how can a contract be translated in a reliable and qualitative manner? And what are the issues involved in translating this legally valuable document? Discover the answers to these questions in this article.

What is a contract?

A contract is an agreement, involving at least two parties, which aims to create, modify, and clarify obligations.

There are many forms of contracts, for all types of transactions. Here are some examples:

• Sales contracts
• Partnership contracts
• Employment contracts
• Contracts for the provision of services
• Franchise agreements
• Rental agreements
• Distribution contracts
• Marriage contracts
• Provident fund contracts
• Insurance contracts
• Financial contracts
• Car insurance contracts
• Contracts for the transfer or sale of cars
• Exclusivity contracts
• Confidentiality agreements
• Construction contracts

Why you should translate a contract?

A contract may need to be translated for a number of reasons including:

• Signing a commercial contract with a supplier, associate, or partner, in the context of international development
• Drawing up an employment contract for a foreign-speaking employee
• Drafting an M&A, transfer, or buy-sell contract
• Subcontracting to a foreign partner
• Translating a marriage contract between two spouses of different nationalities.

Whatever the context, the translation of the contract ensures that the contractual clauses are properly understood by each of the parties. It is therefore a key stage, with many legal issues at stake.

What are the issues and challenges relating to the translation of contracts?

It should be noted that each contract is subject to specific standards. For example, a sales contract needs to mention the respective products or services, the price and the identity of the signatories. Other clauses may be mandatory depending on the type of contract concerned (responsibilities in the event of a dispute, terms of the transaction, etc.). To be valid, a legal contract must be the subject of a mutual consent of the parties involved, and should be confirmed by signatures.

However, in the event of omissions, errors, misunderstandings, inconsistencies or non-conformity, the contract may lose its legal value and will, de facto, be unusable. There is also a risk that a flawed translation will lead to disputes, litigation, claims for compensation, etc.

Another challenge in translating contracts is the complexity and technicality of the legal terminology specific to the document (commercial law, business law, civil law, etc.), which requires specific expertise. The translator must also ensure that the original meaning of the various clauses is retained, while carefully choosing the legal terms used to ensure that there is no room for misinterpretation.

Finally, a contract must follow particular formats, which vary according to the type of document and the country concerned. Indeed, from one country to another, the legal system and the codes for drafting contracts may vary. → Please note in the event of a dispute, it is the original document that should be used as a reference and not the translated contract. We recommend you add a clause regarding this point in the translated version of the contract.

How do I translate contracts successfully?

To successfully translate a contract, it is therefore essential to faithfully and accurately reproduce the elements of the source contract, in the same order.

Using a native speaker and specialist translator

Given the challenges involved in translating contracts, it is essential to use a professional, native-speaking translator who specialises in the translation of official and legal documents.

It is also important to choose a serious and reputable translation agency to ensure the quality, conformity, and confidentiality of the documents.

If the signatories wish to have the contract legally validated, they can call on the services of a sworn translator.

At Alphatrad, we provide you with the expertise of professional legal translators with legal know-how and a thorough knowledge of the rules that apply to the drafting and translation of contracts from one language to another. Our contract translators work with the utmost confidentiality, care, professionalism, and attention to detail.

We also offer sworn translations in more than 100 languages, and our translators can translate and certificate your contractual document for immediate use.

Use appropriate legal vocabulary

To successfully translate a contract, the translator must understand the specific legal vocabulary. Here are some translation examples of legal terms used in a contract:

Our answers to your questions about contract translation