L鈥橝utre faute
This event has been accredited by the Barreau du Qu茅bec for 1.5 hours of continuing legal education. Activity no. 10042849.
Abstract
Assuming that translation is possible - but without denying the inherent difficulties of that process - this presentation examines the notion of fault in Quebec law, beginning with questions raised by its translation.
The point of departure of this exercise brings us to the difficulties faced by translators and editors working on the Spanish version of the trilingual Civil Code of Qu茅bec. The goal is to examine how these difficulties in translation may aid a renewed understanding of fault in Quebec law. For that, it will be necessary to return to French law, an important source for the laws of Quebec and Latin America, focusing, in particular, on the various interpretations it has received.
From this examination of the Other, we will move to an intra-civilian analysis of the "text of departure", the "text of arrival", and the family of civil law. This will help establish a third perspective that will remove us from the usual English - French, common law - civil law binary approach, allowing an examination of familiar and foreign laws in a manner that will reveal neither to be wholly familiar or foreign.
About the speaker
Jimena Andino Dorato completed bachelor's (1994) and master's (2002) degrees in law in Buenos Aires, where she practiced as a specialist in civil law and in negotiation, and as a mediator. She has taught civil responsibility at several law faculties in Buenos Aires. Upon arriving in Quebec, she worked as a legal interpreter and she helped to organize and she taught workshops on legal Spanish. She was then accepted to the doctorate program at the Faculty of Law at the University of Montreal.
She is currently writing her thesis on jurilinguistics and approaches to the comprehension of law. She has published articles and commentaries in specialized journals in Argentina and France and has lectured in Argentina and Quebec. She is a researcher at the Quebec Research Centre for Private and Comparative Law, where she has coordinated the organization of a series of workshops on civil law (in 2009-2010 and 2010-2011) and the 3rd, 4th, and 5th Summer Institutes on Jurilinguistics.