Sworn translations and legal recognition: why and how?

Drivers licenses, diplomas, employment contracts or marriage certificates… many documents may require a sworn translation. Sworn translations include many guarantees including legal recognition. Indeed, documents issued by sworn translators are legally recognized in France and other countries.

But what does this legal recognition mean? What economic and social issues does it satisfy? What are the criteria that make sworn translations legally recognized? Discover all the answers to these questions that deal with sworn translations and their legal recognition in France and abroad.

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The issues concerning the legal recognition of sworn translations

Since people decide to live and work in other countries, and since companies form business relationships with other states, sworn translations have become indispensable.

Sworn translations and the importance of European and international exchanges

The issues concerning the legal recognition of sworn translations are due to the importance of European and international exchange. Today, relations between different countries are omnipresent, even unavoidable. This impacts several fields, such as:

  • Education;
  • Commerce
  • Economics;
  • Humanitarian organizations;
  • Professional transfers;

Thus, when a French person goes to study abroad, he or she may require a translation of his or her diplomas upon return to France. Likewise, a French company who wants to open a branch in another country may require translations of employment contracts or general sales conditions.

In these two cases, documents from the country of origin must be authenticated and certified by the other country. Only sworn translations make this authentication and certification possible.

Examples of documents used in daily life that may require sworn translations

Sworn translations may be required for all aspects of daily life. Indeed, they are not just for education or commerce. Many administrative and vital record documents may require a sworn translation, such as:

  • Marriage certificates;
  • Death certificates;
  • Divorce decrees;
  • Court rulings;
  • Birth certificates;

To rent an apartment, receive medical care, drive a vehicle or even to get married, the documents that may require sworn translations are very different and used often in daily life. For France and other countries, they are necessary for confirming the legal recognition of these documents so as to not penalize citizens of different countries.

To summarize, these issues are linked with the economic development of nations, alliances they establish and demographics and migration. To meet these needs, sworn translations are carried out in the different languages used worldwide to draft official documents.

In this way, an official document from Chile may be legally recognized in France, and vice versa. Sworn translators must master the original and target languages to understand all the linguistic subtleties in the original text.

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How are sworn translations legally recognized?

The legal recognition of a sworn translation is based on the document itself, the translator and on international exchanges which normalize their legal recognition.

Characteristics of sworn translations

Sworn translations are done by authorized professionals and contain characteristics that let them be clearly distinguished.

The inside scoop on sworn translators

First, only sworn translators can do sworn translations. Without being sworn, a document cannot be legally recognized. A sworn translator is designated by one of the following courts:

  • The court of appeals;
  • The court of cassation.

To be designated, a translator must have the equivalent of a master’s degree. He or she must then start an application file and present it to the Procureur de la Republique pres le Tribunal de grande instance, more or less the French equivalent to a public prosecutor. The police will then conduct a character check and send the application file to the corresponding court of appeals.

Sworn translators are thus professionals who swear an oath and who are designated for a 5 years. Considered legal experts who work independently or in agencies, their services may be retained by:

  • Magistrates;
  • Judicial police officers;
  • Attorneys;

The elements found on sworn translations

Sworn translations must contain many elements for legal recognition. These elements involve both the translator and the document, for example:

  • The sworn translator’s full name;
  • The authorized translator’s seal and signature;
  • A “ne varietur” unique number.

For translations that take up multiple pages, each must be initialed by the sworn translator.

The end of the document must also be clearly mentioned. At the end of the translation, a sworn translator must add information detailing the original and target languages.

If any of these elements is missing on a sworn translation, it cannot be recognized as such and is rendered a simple document with no legal weight.

The Apostille Convention and the end of legalizations

The Apostille Convention simplified the legal recognition of sworn translations. Before 1961, to be recognized and authenticated, documents had to be legalized. Legalization is a procedure through which an official seal is placed on a document.

As a general rule, in France documents are first legalized by the Ministry of Foreign Affairs then by the embassy or consulate of the target country.

Since 1961, this procedure is no longer necessary. A sworn translation is sufficient to authenticate a document sent between two countries who have signed the convention. Sometimes you can apostille a document provided by a sworn translator.

However, not all countries have signed the Apostille Convention. This means that the legalization procedure still exists in some countries. You should verify requirements from presiding authorities to make sure you’re providing the right documents.

In conclusion, sworn translations are legally recognized if certain rules are respected. Since the translators are designated and their translations contain obligatory elements, said translations are authentic and legal documents that can be used in daily life by administrative and legal authorities.