Key takeaways
- The trust is so specific to common law that the Hague Trusts Convention sets out its own definition so that trusts can be recognised across different legal systems.
- A legal term can look like a perfect match and still carry a different legal effect, as with "notary", "deed" and "contract" across systems.
- Scots law uses its own terminology, such as pursuer, defender and assoilzie, so "UK law" is not one legal language.
- Translators use functional equivalents, descriptive translations or the original term in brackets, and the right choice depends on the document's purpose.
This article is for lawyers, paralegals, compliance teams and anyone who needs English legal documents to work in a civil-law country, or civil-law documents to make sense in England. It explains why some legal terms resist translation, gives examples of the most common traps, and shows how professional legal translators deal with them.
It complements our practical guide to legal translation and our article on contract translation, where these terms cause most disputes.
What is the difference between common law and civil law?
Common law systems, such as England and Wales, Northern Ireland, Ireland and the United States, developed largely through judges' decisions, with binding precedent at their core. Civil law systems, such as France, Germany, Spain, Italy, Poland and Romania, are built around comprehensive written codes that judges apply to each case.
The two traditions grew separately for centuries, so they divide legal reality differently. One system may have a concept the other lacks entirely, or two systems may use similar-sounding words for different institutions. Scotland is a mixed system with civil-law roots and its own terminology.
Why do some legal terms have no equivalent in another language?
Some legal terms have no equivalent because the institution they name does not exist in the other legal system. A translator can find words, but cannot create a legal concept that the target country's law does not recognise.
The trust is the classic example. Civil-law systems traditionally had no direct equivalent, so the Hague Convention on the Law Applicable to Trusts sets out its own definition of the concept for the purpose of recognising trusts. Article 2 of the Convention, set out in the schedule to the UK's Recognition of Trusts Act 1987, reads:
"For the purposes of this Convention, the term “trust” refers to the legal relationship created—inter vivos or on death—by a person, the settlor, when assets have been placed under the control of a trustee for the benefit of a beneficiary or for a specified purpose."
A translator rendering "trust" into a civil-law language therefore often needs a descriptive translation, or the English word with an explanation, rather than a single-word equivalent.
Common law vs civil law: which terms cause the most problems?
The terms below cause frequent problems when English legal documents are translated for civil-law countries. The "risk" column shows what goes wrong with a literal translation.
| English term | Meaning in English law | Civil-law position | Risk with a literal translation |
|---|---|---|---|
| Trust | Assets held by a trustee for beneficiaries, with legal and beneficial ownership split | No traditional direct equivalent; fiduciary arrangements differ | The reader assumes ordinary ownership or agency |
| Consideration | Something of value given in exchange, needed for a simple contract | Contracts are generally valid without it; "cause" or similar concepts differ | A word meaning "reflection" or "payment" is used |
| Equity | A body of law developed by the Court of Chancery, with its own remedies | No separate body of equity rules | Translated as general "fairness" |
| Deed | A document executed with special formalities, valid without consideration | Notarial deeds have a different, public-officer form | The reader assumes a notarial deed was used |
| Without prejudice | Settlement communications protected from disclosure to the court | Rules on settlement confidentiality vary by country | Rendered as "without harm" with no legal effect |
| Solicitor / barrister | Two branches of the legal profession | Usually one profession of advocate or lawyer | The distinction is lost or mistranslated |
| Notary | In England, mainly authenticates documents for use abroad | A legally trained public officer who drafts and authenticates deeds | Readers overestimate or underestimate the notary's role |
How do English procedural terms differ from civil-law procedure?
English procedural terms reflect an adversarial process with oral evidence, cross-examination and party-led disclosure, which many civil-law systems do not share. The terms often look translatable but describe different steps.
The Civil Procedure Rules glossary defines without prejudice like this: negotiations with a view to settlement "are usually conducted 'without prejudice', which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted". A translation must convey that procedural protection, not just the words.
Disclosure is another example. English disclosure obliges parties to reveal documents that harm their own case, which has no direct counterpart in many civil-law systems. Our article on translation for litigation and disclosure explains the practical side.
Is "UK law" one legal language?
No. England and Wales, Scotland and Northern Ireland have separate legal systems, and Scots law uses distinct terms. In a Scottish civil action, the parties are the pursuer and the defender, not the claimant and defendant.
The Judiciary of Scotland glossary defines assoilzie as follows: "In civil law this means to find in favour of the defender or respondent in respect of the claim(s) made by the pursuer." A translator working from a Scottish court document needs to recognise these terms and not "correct" them to English equivalents.
How do legal translators handle terms with no equivalent?
Legal translators choose one of four techniques, depending on what the reader needs to do with the document. Agree the approach with the translator at the start, especially for long or recurring documents.
- Functional equivalent. Use the target-system term that performs the closest function, for example a local term for a claim form. This reads naturally but can hide differences.
- Descriptive translation. Explain the concept in plain words, such as "an arrangement under which assets are held by one person for the benefit of another".
- Borrowing with explanation. Keep the original term, often in italics or brackets, with a short explanation on first use. This suits trusts, deeds and "without prejudice".
- Translator's note. Add a note where the difference matters to the reader's decision, for example in advice to a foreign client.
Whatever the choice, record it in a project glossary so the term is translated consistently. Our article on glossaries and style guides explains how.
Common mistakes with legal terminology in translation
Terminology errors in legal translation usually come from false confidence rather than ignorance. These are the patterns that cause trouble.
- Trusting bilingual dictionaries. They list words, not legal effects, and may mix terms from different countries using the same language.
- Ignoring the target country. German legal terms differ between Germany, Austria and Switzerland; Spanish terms differ between Spain and Latin America.
- Translating a formality as a word. The Powers of Attorney Act 1971 requires a power of attorney to be "executed as a deed", which is a formality, not just a label; see translating a power of attorney.
- Changing terms between documents. The same concept must be translated the same way across the contract, the correspondence and the witness statements.
- Using machine translation for terms of art. Machine tools often pick the most common everyday meaning; see whether DeepL or ChatGPT is good enough.
How TranslationWorks can help with legal terminology
TranslationWorks is a UK-based translation agency that translates legal documents between common-law and civil-law systems through native-speaking professional linguists, in more than 150 languages including German, French and Spanish. TranslationWorks is registered to ISO 17100, the international standard for translation services. Our legal translation service can build a glossary of agreed terms for your matter so that concepts such as trusts, deeds and settlement privilege are handled consistently. When you request a free quote, tell us the language pair, the country where the document will be used and who will read it, and we will reply within 24 hours.
