Volumen 35 (2018): Heft 1 (September 2018)

The paper focuses on an evaluation of statutory provisions relating to the profession of sworn translator in Poland. The Act on the Profession of Sworn Translator and its associated statutory instruments have been in force since 27 January 2005. After more than 13 years of operation of this legal framework, it is worth summing up whether the legal solutions put forward by the Polish legislature make it easier to practice the profession of sworn translator. The author discusses, inter alia, the recommendations of the Panel for Review and Assessment of Operation of the Act on the Profession of Sworn Translator, formed on 21 July 2015 by the Minister of Justice, and the legislative changes proposed by translation experts in order to improve the status and financial situation of sworn translators. Moreover, he suggests several solutions which – in his opinion based on many years’ experience as a practising sworn translator and a certified translation theoretician – would greatly facilitate the work of sworn translators and would raise its quality.

Statutory obligation of a sworn translator to exercise special diligence obliges him to perform a diligent and faithful translation, including the names of institutions. In the process of translating names of Polish colleges, a translator may use German equivalents, which have been made available in a publicly available German database ANABIN, which contains information that make it easier for offices and schools to decide in terms of recognizing educational qualifications. However, translation and thus, choice of wording is the responsibility of the translator exclusively. He must therefore approach the suggested equivalents critically; thereby, he may not automatically accept propositions without having verified them prior. The article undertakes to establish which of the proposed equivalents of names of Polish colleges violate the rule of diligent preparation of translations and faithfulness of a sworn translation as well as the consequences of incorrect translations of university names.

In the paper, the author undertakes a contrasting comparison of Polish industry guidelines for the preparation of certified translations contained in the Sworn translator’s code with the following German guidelines: Richtlinien und Hinweise für die Anfertigung von Urkunden-übersetzungen and Empfehlungen für die Anfertigung bestätigter/ beglaubigter Übersetzungen. Next, the results of the above comparison are referred to the certified translation of Polish and German court judgments.

The article aims to examine the distribution of simple, complex and secondary prepositions in EU judgments (based on a corpus of judgments of the Court of Justice and the General Court) and domestic judgments (based on a corpus of judgments of the Polish Supreme Court) against general Polish (based on a balanced version of the Polish National Corpus), and to analyze the functions of complex and secondary prepositions. The results confirmed the hypothesis that the high distribution of prepositions in judgments against a representative sample of general Polish is a generic feature of judgments. In addition, it was established that the phraseological profile of EU judgments differs from the profile of national judgments in terms of the distribution of prepositions and their specific functions. This may be the result of the impact of the translation process on target language texts and the scope of jurisdiction of the EU courts and the national court, both of which affect the subject matter of judgments.

The purpose of this article is to present a compensation for moral injury connected with conjugal infidelity in Japanese Law (isharyō). The compensation for moral injury, which is sentenced because of a divorce could be divided into a compensation for mental disorder and a compensation for deprivation of the status in the society. To analyze this issue it is necessary to discuss context of Japanese culture and society. Furthermore, I present statistics which show factors that have influence on the amount of compensation. Finally, there are remarks on comparative law.