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Question 1Translation into the target language (legal texts)

A translator must render 'the Court of Justice of the European Union' into German in a formal legal document. Which designation is correct?

  1. der Europäische Rechnungshof
  2. der Gerichtshof der Europäischen Union Correct answer.
  3. der Europäische Gerichtshof für Menschenrechte
  4. das Europäische Gericht erster Instanz

Explanation

The institution created by the Lisbon Treaty is 'der Gerichtshof der Europäischen Union', which comprises the Court of Justice, the General Court and specialised courts. The other designations refer to different bodies, so only this one matches the source entity.

Question 2Translation into the target language (legal texts)

In a Spanish translation of an EU regulation, which connector correctly introduces a condition corresponding to English 'provided that'?

  1. por consiguiente
  2. a fin de que
  3. siempre que Correct answer.
  4. puesto que

Explanation

'Siempre que' followed by the subjunctive is the standard Spanish equivalent of the conditional 'provided that' in legal drafting. The other connectors express cause, purpose or consequence and would misrepresent the logical relation between the provisions.

Question 3Translation into the target language (legal texts)

Which English term is the standard equivalent of the French legal notion 'force majeure' when it appears in a commercial contract clause?

  1. superior power
  2. greater force
  3. force majeure Correct answer.
  4. compelling force

Explanation

In common-law contract drafting 'force majeure' is retained as a term of art and is widely used untranslated in English commercial contracts. Literal calques such as 'greater force' or 'superior power' are not recognised legal terms and would mislead the reader.

Question 4Translation into the target language (legal texts)

When translating an EU legal act into Italian, the opening formula 'THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,' is conventionally rendered as:

  1. IL CONSIGLIO EUROPEO E IL PARLAMENTO EUROPEO,
  2. IL PARLAMENTO EUROPEO E IL CONSIGLIO DELL'UNIONE EUROPEA, Correct answer.
  3. IL PARLAMENTO EUROPEO E IL CONSIGLIO D'EUROPA,
  4. IL PARLAMENTO EUROPEO E LA COMMISSIONE EUROPEA,

Explanation

The standard Italian enacting formula names the European Parliament and the Council of the European Union in that order, in capitals, as the co-legislators. Substituting the Commission, the European Council or the Council of Europe changes the institution and therefore the legal meaning.

Question 5Translation into the target language (legal texts)

In a French translation of an EU directive, 'the Commission shall be assisted by a committee' appears in a comitology provision. Which verb form is the established rendering?

  1. La Commission pourrait être assistée par un comité.
  2. La Commission doit être assistée par un comité.
  3. La Commission est assistée par un comité. Correct answer.
  4. La Commission sera assistée par un comité.

Explanation

EU French drafting uses the present indicative for institutional obligations, so 'shall be assisted' becomes 'est assistée'. The future and modal variants introduce temporal or modal nuances absent from the source and are not the standard comitology formula.

Question 6Translation into the target language (legal texts)

Which pair correctly matches the English EU term with its Dutch equivalent in legislative texts?

  1. 'decision' - 'beschikking' Correct answer.
  2. 'recommendation' - 'verordening'
  3. 'directive' - 'verordening'
  4. 'regulation' - 'richtlijn'

Explanation

In the Dutch versions of the Treaties, 'decision' (Article 288 TFEU instrument) is rendered 'beschikking'. 'Regulation' is 'verordening' and 'directive' is 'richtlijn', so the first two pairs invert the terms.

Question 7Translation into the target language (legal texts)

A Polish translation of an EU text must render 'without prejudice to Article 4'. Which Polish formula is the established equivalent?

  1. w związku z art. 4
  2. na podstawie art. 4
  3. bez uszczerbku dla art. 4 Correct answer.
  4. z wyjątkiem art. 4

Explanation

'Bez uszczerbku dla' is the fixed Polish rendering of 'without prejudice to', preserving the idea that another provision remains unaffected. The other phrases mean 'except for', 'on the basis of' and 'in connection with', each altering the legal relationship.

Question 8Translation into the target language (legal texts)

In translating an EU legal text into English, which rendering of the French 'les États membres veillent à ce que' best reflects the standard formula?

  1. the Member States take care about
  2. the Member States shall ensure that Correct answer.
  3. the Member States shall verify whether
  4. the Member States watch that

Explanation

'Veiller à ce que' is a fixed EU drafting formula rendered 'ensure that' in English, and the French present indicative corresponds to 'shall' in the English version. Literal renderings such as 'watch that' or 'take care about' are not institutional English.

Question 9Translation into the target language (legal texts)

A source text reads 'This Regulation shall enter into force on the twentieth day following that of its publication'. Which French rendering correctly handles 'on the twentieth day following that of its publication'?

  1. dans les vingt jours de sa publication
  2. au vingtième jour qui suit sa publication
  3. le jour vingt après sa publication
  4. le vingtième jour suivant celui de sa publication Correct answer.

Explanation

The standard French formula is 'le vingtième jour suivant celui de sa publication', which preserves both the ordinal and the anaphoric reference 'that of'. The alternatives either drop the ordinal, convert to a deadline, or shift the counting point.

Question 10Translation into the target language (legal texts)

In an English translation of a German civil-law judgment, the term 'Verkehrssitte' appears. Which rendering is most appropriate in a legal context?

  1. common decency
  2. customary practice in the relevant trade Correct answer.
  3. traffic custom
  4. public order

Explanation

'Verkehrssitte' under German law means the customary practices observed in the relevant transaction or trade circle, used to interpret contracts. 'Traffic custom' is a false friend, while 'common decency' and 'public order' correspond to other concepts (Sittlichkeit, ordre public).

Question 11Translation into the target language (legal texts)

Which sentence correctly uses the English subjunctive in a legal obligation clause?

  1. It is required that the supplier will deliver the goods by 1 May.
  2. It is required that the supplier delivers the goods by 1 May.
  3. It is required that the supplier is delivering the goods by 1 May.
  4. It is required that the supplier deliver the goods by 1 May. Correct answer.

Explanation

After expressions of requirement such as 'it is required that', formal legal English uses the mandative subjunctive, i.e. the base form 'deliver' regardless of person. The indicative, future and progressive variants are grammatical in general English but depart from the formal register expected in legal drafting.

Question 12Translation into the target language (legal texts)

A Romanian translation of an EU regulation must render 'the competent authority may adopt implementing acts'. Which Romanian modal best conveys the discretionary power?

  1. autoritatea competentă va adopta acte de punere în aplicare
  2. autoritatea competentă trebuie să adopte acte de punere în aplicare
  3. autoritatea competentă ar adopta acte de punere în aplicare
  4. autoritatea competentă poate adopta acte de punere în aplicare Correct answer.

Explanation

In EU Romanian drafting, 'may' conferring a power is rendered by 'poate', while 'trebuie să' expresses obligation and 'va' expresses futurity. The conditional 'ar adopta' would convert the power into a hypothetical.

Question 13Translation into the target language (legal texts)

In translating EU legal texts, the Latin term 'mutatis mutandis' is best rendered in English as:

  1. without delay
  2. in good faith
  3. with the necessary changes having been made Correct answer.
  4. by mutual agreement

Explanation

'Mutatis mutandis' means that a rule applies with the changes required by the different context. The other options correspond to unrelated Latin or legal notions and would misstate the cross-reference.

Question 14Translation into the target language (legal texts)

Which English rendering of the French 'sans préjudice de l'article 5' preserves the saving-clause effect in an EU legal text?

  1. notwithstanding Article 5
  2. without prejudice to Article 5 Correct answer.
  3. in derogation from Article 5
  4. subject to Article 5

Explanation

'Without prejudice to' is the fixed EU English equivalent of 'sans préjudice de', meaning Article 5 continues to apply unaffected. 'Notwithstanding' and 'in derogation from' reverse or override the relationship, and 'subject to' subordinates the provision differently.

Question 15Translation into the target language (legal texts)

In a Portuguese translation of an EU directive, 'the Member States shall lay down the rules on penalties' uses which established verb?

  1. Os Estados-Membros estabeleceriam as regras em matéria de sanções.
  2. Os Estados-Membros deverão estabelecer as regras em matéria de sanções.
  3. Os Estados-Membros podem estabelecer as regras em matéria de sanções.
  4. Os Estados-Membros estabelecem as regras em matéria de sanções. Correct answer.

Explanation

EU Portuguese drafting renders 'shall lay down' with the present indicative 'estabelecem', consistent with the treatment of binding obligations. The future, modal and conditional variants add temporal, discretionary or hypothetical nuances absent from the source.

Question 16Translation into the target language (legal texts)

A source text contains 'the addressee of a decision'. Which English legal term is the precise equivalent of the French 'destinataire' in EU law?

  1. recipient
  2. holder
  3. beneficiary
  4. addressee Correct answer.

Explanation

In EU law a decision is 'addressed' to those on whom it is binding, so 'addressee' is the term of art used in the English versions of the Treaties. 'Recipient' is a general term, while 'beneficiary' and 'holder' denote different legal positions.

Question 17Translation into the target language (legal texts)

Which Greek term is the standard rendering of 'regulation' as an EU legal instrument in the Greek versions of the Treaties?

  1. κανονισμός Correct answer.
  2. οδηγία
  3. σύσταση
  4. απόφαση

Explanation

In Article 288 TFEU the Greek term for 'regulation' is 'κανονισμός'. 'Οδηγία' is 'directive', 'απόφαση' is 'decision' and 'σύσταση' is 'recommendation'.

Question 18Translation into the target language (legal texts)

An English legal text reads 'The Parties agree to endeavour to settle the dispute amicably.' Which French rendering best preserves the softened obligation?

  1. Les parties s'engagent à s'efforcer de régler le différend à l'amiable. Correct answer.
  2. Les parties s'engagent à régler le différend à l'amiable.
  3. Les parties régleront le différend à l'amiable.
  4. Les parties doivent régler le différend à l'amiable.

Explanation

'Endeavour to' expresses a best-efforts obligation, which in French is rendered by 's'efforcer de'; dropping it converts the clause into an obligation of result. The modal and future variants likewise overstate the commitment.

Question 19Translation into the target language (legal texts)

In a Swedish translation of an EU legal act, which term is the established equivalent of 'preliminary ruling'?

  1. förhandsavgörande Correct answer.
  2. förberedande beslut
  3. preliminär dom
  4. interimistiskt beslut

Explanation

'Förhandsavgörande' is the fixed Swedish term for a preliminary ruling under Article 267 TFEU. The other expressions are literal or descriptive renderings that are not used for this procedure and could be confused with interim measures.

Question 20Translation into the target language (legal texts)

A source sentence reads: 'Save as otherwise provided in this Directive, Member States shall…'. Which English paraphrase correctly captures 'save as otherwise provided'?

  1. Where this Directive so provides
  2. After this Directive provides otherwise
  3. Because this Directive provides otherwise
  4. Unless this Directive provides otherwise Correct answer.

Explanation

'Save as otherwise provided' is a saving formula meaning 'unless the instrument provides otherwise'. The other paraphrases reverse the condition, assert a cause, or impose a temporal sequence, all of which alter the legal effect.

Question 21Translation into the target language (legal texts)

A German court judgment contains 'Der Kläger trägt die Beweislast'. In an English translation for a legal readership, which rendering is most accurate?

  1. The claimant produces the burden
  2. The claimant holds the proof load
  3. The claimant carries the evidence
  4. The claimant bears the burden of proof Correct answer.

Explanation

'Beweislast' is the burden of proof, a procedural concept allocated between the parties, and 'trägt' collocates with it as 'bears'. The other options are literal calques that do not convey the procedural allocation.

Question 22Translation into the target language (legal texts)

Which rendering into English of the French 'le juge des référés' is correct in a procedural context?

  1. the judge hearing applications for interim measures Correct answer.
  2. the judge of references
  3. the investigating judge
  4. the summary judge

Explanation

'Le juge des référés' is the judge who rules on urgent interim applications, rendered in English as the judge hearing applications for interim measures. 'Investigating judge' corresponds to 'juge d'instruction', and the other options are literal calques.

Question 23Translation into the target language (legal texts)

In an EU text, the English sentence 'The Commission shall be empowered to adopt delegated acts in accordance with Article 290 TFEU' is to be translated. Which element is decisive for choosing the correct term for 'delegated acts' in the target language?

  1. the preference of the individual translator for stylistic variation
  2. the general meaning of 'delegate' in ordinary language
  3. whether the target language has a separate word for 'act'
  4. the fixed terminology of Article 290 TFEU in the target-language version of the Treaties Correct answer.

Explanation

Terms linked to a Treaty article must follow the terminology used in the official target-language version of the Treaties, since that wording has legal effect. Ordinary-language meaning, lexical availability or personal preference cannot override the established term.

Question 24Translation into the target language (legal texts)

A source text uses 'best endeavours' in a commercial contract. Which French rendering most accurately preserves the distinction from 'reasonable endeavours'?

  1. obligation de moyens
  2. meilleurs efforts Correct answer.
  3. obligation de résultat
  4. diligences raisonnables

Explanation

English drafting distinguishes 'best endeavours' (the higher standard) from 'reasonable endeavours', and 'meilleurs efforts' preserves that gradation. 'Obligation de moyens' and 'obligation de résultat' describe a different dichotomy, and 'diligences raisonnables' corresponds to the lower standard.

Question 25Translation into the target language (legal texts)

In translating a French judgment, the phrase 'attendu que' introduces a ground of decision. Which English rendering is most appropriate in a judgment addressed to a common-law reader?

  1. Whereas it is stated that
  2. Whereas Correct answer.
  3. Whereas that
  4. Given that

Explanation

In judgments, 'attendu que' is conventionally rendered by 'Whereas', the established formula for recitals of grounds in English translations of civil-law decisions. The expanded variants add words not present in the source and are not the standard formula.

Question 26Translation into the target language (legal texts)

An English translation of a French administrative decision must render 'la décision est susceptible de recours devant le tribunal administratif'. Which English rendering best conveys the procedural meaning for a legal readership?

  1. The decision is subject to a possible appeal at the administrative court's discretion.
  2. The decision is capable of recourse in front of the administrative tribunal.
  3. The decision may be appealed before the administrative court. Correct answer.
  4. The decision is likely to be challenged in the administrative court.

Explanation

'Susceptible de recours' is a fixed procedural formula meaning that the decision is amenable to appeal or judicial review; English legal drafting expresses this with 'may be appealed' or 'is subject to appeal'. The modal 'may' conveys the availability of the remedy without implying probability or discretion on the court's side.

Question 27Translation into the target language (legal texts)

A Spanish judgment reads 'se estima parcialmente el recurso'. Which English rendering correctly reflects the outcome for the appellant?

  1. The appeal is referred back to the lower court.
  2. The appeal is dismissed in its entirety.
  3. The appeal is declared inadmissible.
  4. The appeal is allowed in part. Correct answer.

Explanation

'Estimar' in appellate usage means to uphold or allow a claim or appeal, and 'parcialmente' limits that to part of the relief sought. The standard English outcome formula is therefore 'the appeal is allowed in part', which preserves both the direction of the ruling and its partial scope.

Question 28Translation into the target language (legal texts)

In an EU legislative text, the English phrase 'the Member States shall designate the supervisory authorities' must be translated into a language that distinguishes obligation from permission. Which translation choice preserves the normative force?

  1. A verb of intention ('intend to designate'), because the deadline is future.
  2. A verb of obligation in the indicative or subjunctive as required by that language's drafting convention. Correct answer.
  3. A conditional construction ('would designate'), to soften the requirement.
  4. A verb of authorization ('may designate'), because designation is administrative.

Explanation

'Shall' in EU legislative drafting creates a binding obligation on Member States, so the target must use the established obligatory verb form of that legal language. Softening it into permission, conditionality or intention would alter the normative effect of the provision.

Question 29Translation into the target language (legal texts)

A German contract clause reads 'Der Auftragnehmer haftet für Vorsatz und grobe Fahrlässigkeit'. Which English rendering most accurately preserves the scope of liability?

  1. The contractor is liable for intention and serious carelessness.
  2. The contractor is liable for intent and gross negligence. Correct answer.
  3. The contractor is liable for deliberate and negligent acts.
  4. The contractor is liable for malice and gross neglect.

Explanation

'Vorsatz' and 'grobe Fahrlässigkeit' are the paired civil-law degrees of fault, and their settled English equivalents in comparative legal writing are 'intent' and 'gross negligence'. Keeping the technical pair intact preserves the graduated liability standard the clause relies on.

Question 30Translation into the target language (legal texts)

An Italian source text states 'il ricorso è manifestamente infondato'. Which English rendering is correct in an EU or administrative litigation context?

  1. The action is obviously groundless in fact.
  2. The claim is evidently unfounded and inadmissible.
  3. The application is manifestly unfounded. Correct answer.
  4. The appeal is clearly without merit and must be rejected.

Explanation

'Manifestamente infondato' is the standard formula for an application that is manifestly unfounded, a category used to allow summary rejection. 'Manifestly unfounded' is the fixed English equivalent and avoids adding reasons or admissibility findings not present in the source.

Question 31Translation into the target language (legal texts)

A French source reads 'les frais de justice sont mis à la charge du demandeur'. Which English rendering correctly expresses the allocation of costs?

  1. The costs are waived for the applicant.
  2. The costs are charged against the defendant.
  3. The costs are shared between the parties.
  4. The costs are borne by the applicant. Correct answer.

Explanation

'Mettre à la charge de' means to place a burden on someone, so the costs are to be borne by the person named, here the applicant ('demandeur'). The passive 'are borne by' is the standard English way of recording a costs order.

Question 32Translation into the target language (legal texts)

In translating a Dutch notarial deed, the term 'volmacht' appears in a clause authorizing representation. Which English term is the precise equivalent?

  1. Letter of intent
  2. Mandate of payment
  3. Power of attorney Correct answer.
  4. Proxy vote

Explanation

'Volmacht' in Dutch private law denotes the authority conferred on a representative to act for another, rendered in English as 'power of attorney' or 'authority'. In notarial instruments the standard rendering is 'power of attorney', which matches the document type and the representation function.

Question 33Translation into the target language (legal texts)

A source text reads 'the provision shall apply notwithstanding any contractual term to the contrary'. Which English paraphrase preserves the intended hierarchy of norms?

  1. The provision applies in so far as the contract permits.
  2. The provision applies unless the contract provides otherwise.
  3. The provision applies only where the contract is silent.
  4. The provision applies even if a contract stipulates the opposite. Correct answer.

Explanation

'Notwithstanding any contractual term to the contrary' is a precedence formula: the statutory provision prevails over conflicting contract terms. The paraphrase must therefore state that the rule applies even where the contract says otherwise.

Question 34Translation into the target language (legal texts)

An English translation of a French criminal judgment must render 'la cour a relaxé le prévenu'. Which rendering is correct?

  1. The court convicted the accused.
  2. The court acquitted the accused. Correct answer.
  3. The court remanded the accused in custody.
  4. The court discontinued the proceedings against the accused.

Explanation

'Relaxer' in French criminal procedure means to acquit or discharge a defendant, so 'acquitted' is the correct outcome term. It signals a decision on the merits in favour of the accused, distinct from procedural termination.

Question 35Translation into the target language (legal texts)

In an EU directive, the phrase 'comitology procedure' refers to a specific governance mechanism. Which English description correctly captures what the term denotes in EU legal texts?

  1. The procedure by which the Council appoints members of the Court of Justice.
  2. The internal procedure for translating EU legislation into the official languages.
  3. The procedure for concluding international agreements on behalf of the Union.
  4. The procedure by which committees of national experts assist the Commission in adopting implementing acts. Correct answer.

Explanation

Comitology denotes the system of committees composed of Member State representatives that scrutinize and assist the Commission when it exercises implementing powers. Translators must recognize the term as a fixed institutional concept rather than a generic reference to 'committees'.

Question 36Translation into the target language (legal texts)

A source sentence reads 'the applicant submits that the contested decision is vitiated by a manifest error of assessment'. Which English rendering of 'vitiated by' preserves the EU-law meaning?

  1. The decision is delayed by a manifest error of assessment.
  2. The decision is affected by a manifest error of assessment. Correct answer.
  3. The decision is invalidated by a manifest error of assessment.
  4. The decision is contradicted by a manifest error of assessment.

Explanation

In EU judicial review, 'vitiated by' means that the contested act is tainted or affected by a legal defect, not that it has already been annulled. 'Affected by' preserves that meaning and avoids asserting a consequence the court has yet to order.

Question 37Translation into the target language (legal texts)

A German source uses 'rechtliches Gehör' in a procedural complaint. Which English rendering is correct?

  1. The right to a public hearing
  2. The right to be heard Correct answer.
  3. The right of audience in court
  4. The right to legal aid

Explanation

'Rechtliches Gehör' is the constitutional and procedural guarantee that a party may present its case before a decision is taken, standardly rendered as 'the right to be heard'. It is a broader guarantee than the physical right to appear.

Question 38Translation into the target language (legal texts)

An English translation of a French commercial lease contains 'le bailleur s'engage à délivrer un local en bon état d'usage'. Which rendering best preserves the obligation?

  1. The lessor undertakes to deliver premises in a good state of repair if requested.
  2. The lessor undertakes to deliver premises free of any defect whatsoever.
  3. The lessor may deliver premises in a good state of repair.
  4. The lessor undertakes to deliver premises in a good state of repair for their intended use. Correct answer.

Explanation

'S'engage à' creates a binding undertaking, and 'en bon état d'usage' means fit for the use for which the premises are intended, not perfect condition. The rendering must keep both the obligatory force and the qualified standard.

Question 39Translation into the target language (legal texts)

A Polish source text refers to 'organ prowadzący postępowanie'. In an EU administrative-law context, which English rendering is most precise?

  1. The authority terminating the proceedings
  2. The authority conducting the proceedings Correct answer.
  3. The authority supervising the proceedings
  4. The authority initiating the proceedings

Explanation

'Prowadzący' derives from 'prowadzić' (to conduct or lead), so the phrase denotes the body that conducts or handles the proceedings. 'Conducting' captures the ongoing procedural role without adding initiation, supervision or termination.

Question 40Translation into the target language (legal texts)

In an EU regulation, the phrase 'standstill period' appears in a clause on notification of national measures. Which English description correctly captures its legal function?

  1. A period during which the Commission must publish the measure in the Official Journal.
  2. A period during which the Court of Justice reviews the measure's legality.
  3. A period during which a Member State must refrain from adopting the notified measure so that the Commission can assess it. Correct answer.
  4. A period during which the European Parliament may veto the measure.

Explanation

A standstill period suspends the adopting Member State's ability to proceed, allowing the Commission to examine the notified draft. Translators must render it as a suspension of national action rather than a publication or review step.

Question 41Translation into the target language (legal texts)

A source sentence states 'the parties shall endeavour to resolve the dispute through mediation before resorting to arbitration'. Which rendering best preserves the sequencing of remedies?

  1. The parties shall resolve the dispute through arbitration before mediation.
  2. The parties shall attempt to resolve the dispute through mediation before having recourse to arbitration. Correct answer.
  3. The parties may resolve the dispute through mediation or arbitration.
  4. The parties shall resolve the dispute through mediation instead of arbitration.

Explanation

The clause imposes a duty to try mediation first and only then to go to arbitration, so the translation must retain both the obligation and the order of steps. 'Endeavour to ... before resorting to' reproduces that sequence.

Question 42Translation into the target language (legal texts)

An English legal text uses 'subject to contract' in a letter of intent. Which rendering into another legal language must preserve which specific effect?

  1. That the document has been concluded subject to a condition precedent.
  2. That the document is binding but may be varied by later agreement.
  3. That the document is not binding until a formal contract is concluded. Correct answer.
  4. That the document is binding only on the party that signed it.

Explanation

'Subject to contract' signals that the arrangement is not yet legally binding and that obligations arise only on execution of the formal contract. A translation must convey this negative binding effect rather than a condition or partial validity.

Question 43Translation into the target language (legal texts)

In a French judgment, 'la cour infirme le jugement entrepris'. Which English rendering correctly describes the appellate outcome?

  1. The court confirms the judgment under appeal.
  2. The court stays the judgment under appeal.
  3. The court declares the judgment under appeal void ab initio.
  4. The court sets aside the judgment under appeal. Correct answer.

Explanation

'Infirmer' means to reverse or set aside a lower court's decision on appeal, the counterpart of 'confirmer'. 'Sets aside' is the standard English appellate term for that disposal.

Question 44Translation into the target language (legal texts)

An English translation of a Spanish statute must render 'a los efectos de la presente Ley'. Which rendering is correct?

  1. By virtue of this Law
  2. In the effects of this Law
  3. Under the terms of this Law
  4. For the purposes of this Law Correct answer.

Explanation

'A los efectos de' is a standard definitory formula meaning 'for the purposes of', used to delimit the scope of a definition within the instrument. 'Under the terms of' and 'by virtue of' express legal basis rather than purpose.

Question 45Translation into the target language (legal texts)

A source text contains 'the defendant is jointly and severally liable with the other tortfeasors'. Which rendering correctly captures the liability structure?

  1. The defendant is liable only if the others cannot pay.
  2. The defendant is liable in place of the other tortfeasors.
  3. The defendant is liable together with the others, and each may be pursued for the whole. Correct answer.
  4. The defendant is liable only for its own share of the damage.

Explanation

'Jointly and severally liable' means the claimant may recover the entire damage from any one of the co-debtors, who then settle among themselves. The translation must convey both the plurality of debtors and the full recovery against each.

Question 46Translation into the target language (legal texts)

An Italian source text reads 'il contratto è nullo'. Which English rendering correctly distinguishes this from voidability?

  1. The contract is void. Correct answer.
  2. The contract is terminated.
  3. The contract is unenforceable.
  4. The contract is voidable.

Explanation

'Nullo' denotes nullity ab initio, rendered in English as 'void', meaning the contract never produced legal effects. Voidability ('annullabile') is a distinct concept requiring an action to set aside.

Question 47Translation into the target language (legal texts)

In an EU text, the phrase 'the Commission shall adopt a delegated act to supplement this Regulation' must be translated. Which element is essential to preserve in translation?

  1. That the act is adopted by the Council rather than the Commission.
  2. That the act supplements the legislative act without amending its essential elements. Correct answer.
  3. That the act replaces the legislative act entirely.
  4. That the act requires ratification by national parliaments.

Explanation

Under Article 290 TFEU, delegated acts supplement or amend non-essential elements of a legislative act, and the translator must not blur that with replacement or amendment of essential elements. The institutional actor (the Commission) and the supplementary function are both part of the term's meaning.

Question 48Translation into the target language (legal texts)

A German source uses 'Erfüllungsgehilfe' in a contract on liability for auxiliaries. Which English rendering is most accurate?

  1. Guarantor of the principal obligation
  2. Agent authorized to conclude contracts
  3. Independent contractor excluded from liability
  4. Person employed in the performance of the obligation Correct answer.

Explanation

'Erfüllungsgehilfe' denotes a person whom the debtor uses to perform its obligation, for whose fault the debtor is liable. The English rendering must convey the auxiliary performance function rather than a guarantee or agency relationship.

Question 49Translation into the target language (legal texts)

A source sentence reads 'the seller shall indemnify the buyer against all claims arising from defective title'. Which rendering best preserves the nature of the remedy?

  1. The seller shall assign its rights to the buyer.
  2. The seller shall repair the goods at its own cost.
  3. The seller shall reimburse the buyer for the price paid.
  4. The seller shall hold the buyer harmless against all claims arising from defective title. Correct answer.

Explanation

An indemnity obliges the indemnifying party to cover the loss caused by third-party claims, standardly expressed as holding the other party harmless. Reimbursement, repair and assignment are different remedies and would misstate the clause.

Question 50Translation into the target language (legal texts)

In an EU legal text, the French phrase 'sauf disposition contraire' appears at the start of a provision. Which English rendering correctly preserves the exception's scope?

  1. Unless otherwise provided Correct answer.
  2. Save for the provisions set out below
  3. Without prejudice to the foregoing
  4. Notwithstanding any provision

Explanation

'Sauf disposition contraire' announces that the rule about to be stated yields to any provision to the contrary. 'Unless otherwise provided' is the settled English formula for that open-textured exception.