La traducción al chino del Código Civil de Españasoluciones para la incongruencia terminológica
- Hu, Liangjian
- Carmen Valero Garcés Director
- Huiling Luo Co-director
Defence university: Universidad de Alcalá
Fecha de defensa: 27 March 2025
- María Rosario Martín Ruano Chair
- Bianca Vitalaru Secretary
- Mario Santander Oliván Committee member
Type: Thesis
Abstract
The present doctoral thesis has been motivated by the increasing exchange of investments, trade, and personnel between Spain and China, the growing demand for the translation into Chinese of foreign legal texts, the paradoxically limited number of doctoral studies on SpanishChinese legal translation in the field of civil law, and the author´s aspiration to conduct an interdisciplinary study in combination of her knowledge in language and law. This doctoral thesis examines the translation of the Spanish Civil Code, as performed and published by Deng Pan and Qin Ma in 2013 (referred to as the target text, or TT), from the perspective of functional equivalence within the frameworks of the skopos theory and comparative law, and employing a triangulation of descriptive, comparative, and empirical methods. This doctoral thesis takes an exploratory approach without hypotheses previously formulated, in order to persue the following objectives: a) to identify the skopos of the TT; b) to analyze the functional equivalence and other solutions applied to terminological incongruences in 36 selected terms from the TT; c) to assess the aceptability of functional equivalence and the adequacy of the solutions employed, in light of functionalist theories and comparative law; and d) to propose improvements for the translation of the 36 selected terms. This doctoral thesis is structured into six chapters. Chapter 1 outlines the motivation, research questions, objectives, and methodology of the thesis. Chapter 2 discusses the theoretical foundations underpinning this research, namely functional equivalence, the skopos theory and comparative law. Chapter 3 focuses on a comparative description of the provisions related to marital and parental relationships in the Spanish Civil Code and the Chinese Civil Code, providing a thematic and knowledge-based framework for the empirical study in the following chapters. Chapter 4 serves as an introduction to the empirical study, presenting the historical background of the TT, the profiles of the two translators, and the corpus employed in the analysis. The quantitative and qualitative analyses of the translation of the selected terms is detailed in Chapter 5, while the final conclusions are presented in Chapter 6. Through this research, the research questions have been answered, and the objectives have been achieved. Based on the profile of the target audience originally envisaged for the TT and using a comparative law approach to understand the similarities and differences between the two legal systems regarding marital and parental relationships, this study identified and assessed the acceptability of functional equivalence and the adequacy of the solutions employed in the translation of the 36 selected terms. Moreover, a Spanish-Chinese glossary of the 36 selected terms has been proposed, adhering to the skopos of the original TT.