Tips for Translating Legal Documents in Spain

Created: Jan 20, 2024 | Updated: Jan 20, 2024

As a seasoned professional translator, or even as someone just starting out in the field, understanding how to provide the best kinds of translations for your customers is very valuable knowledge to have. Today, we have put together a great deal of important information to help you in the legal document translation business in Spain. We will talk about the types of documents you could come in contact with, why it’s important to translate them properly and give you some special tips to help you serve your customers well and meet the standards of Spanish authorities.

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Types of Legal Documents That May Require Translation in Spain
 

1. Testamento (Last Will and Testament):

This is a document that outlines your wishes regarding the distribution of your assets, the appointment of executors, and other matters after your passing.
 

2. Poder Notarial (Power of Attorney):

This is a legal document that grants you the authority to act on behalf of another person in legal, financial, or personal matters.
 

3. Contrato de Compraventa (Purchase Agreement):

This is a contract that outlines the terms and conditions of buying and selling real estate or other significant assets.
 

4. Contrato de Arrendamiento (Rental Agreement):

A contract specifying the terms and conditions of renting a property, outlining the rights and responsibilities of both landlords and tenants.
 

5. Estatutos Sociales (Articles of Association):

For companies and corporations, these documents define the structure, purpose, and regulations governing the organization.
 

6. Contrato de Trabajo (Employment Contract):

A document that outlines the terms and conditions of employment between an employer and an employee.
 

7. Convenio Regulador (Divorce Agreement):

In the case of divorce, this agreement outlines the terms regarding the division of assets, child custody, visitation rights, and other relevant matters.
 

8. Escritura de Donación (Deed of Gift):

This is a legal document used to transfer ownership of property or assets from you to another person without monetary exchange.
 

9.Contrato de Préstamo (Loan Agreement):

This contract specifies the terms and conditions of a loan, including repayment terms, interest rates, and any collateral involved.
 

10.Acta Notarial (Notarial Act):

A notarial act is a document prepared and certified by a notary public that is often used to provide legal proof of certain events or transactions.
 

11. Instrucciones Previas (Advance Healthcare Directive):

A legal document that allows one to express their preferences regarding medical treatment in the event they become unable to communicate.
 

12. Contrato de Licencia de Propiedad Intelectual (Intellectual Property License Agreement):

It is an agreement that permits you to use intellectual property, such as trademarks, patents, or copyrights.
 

13. Declaración Jurada/Declaración Juramentada (Affidavits): 

An affidavit is a written statement or declaration of facts made voluntarily and confirmed by your oath or affirmation. 

 

The Importance of Accurately Translating Legal Documents in Spain

1. Spain has a unique legal system with its own set of laws and regulations. Accurate Spanish translations ensure that the legal documents are in line with Spanish law and can be properly interpreted by Spanish legal authorities.
    
2. Legal documents often contain precise language and terms that convey the exact intentions of the parties involved. A proper Spanish translation service guarantees that the original meaning and legal intent are preserved. Inaccurate legal translations can lead to legal consequences, including contract disputes, financial losses, and damage to reputations.
    
3. Translated legal documents may be presented in Spanish courts as evidence. If the sworn translation is inaccurate or unclear, it may be challenged, affecting the document's admissibility and reliability as evidence.
    
4. Spain engages in various international transactions and collaborations. Accurate legal translations are needed for agreements involving parties that speak different languages and have different legal backgrounds to ensure that they have mutual understanding. They also often establish rights and responsibilities for the parties involved. Accurate sworn translations ensure that all parties are aware of their legal obligations and rights.
    
5. Well-translated legal documents demonstrate your professionalism and attention to detail. This enhances your credibility as a sworn translator and the credibility of the documents and the parties involved. 
    

10 Useful Tips for Translating Legal Documents in Spain

When you are translating Spanish legal documents, you should pay attention to detail, and have a solid understanding of the legal terms used in both Spanish and the target language. Here are some great tips to help you when translating Spanish legal documents:

Master The Terminology and Systems

Legal language is highly precise, and its terms often have specific legal meanings. If you master the terminology, you will accurately convey the intended legal concepts without causing any misinterpretation and confusion. Develop a strong command of the legal systems such as the legal principles, procedures and structures, in both Spanish and the target language so that you always have accurate translations.

Understand Your Client’s Needs 

Have a thorough consultation with your client before starting the translation. Discuss the purpose of the legal document, its intended audience, and any specific requirements or preferences they may have. Let them help you understand the purpose of the legal document because different legal documents serve different functions and knowing the document's purpose helps you tailor your translations accordingly.

Consider the Target Audience

Legal language is not only about terminology but also about understanding cultural differences and legal practices. Researching the destination country or audience helps you understand these factors better so you can make sure the sworn translation service you render aligns with their local expectations. 

Understand and Follow the Writing Style of the Target Language

Different languages have distinct writing styles that may be different from the style used in Spain. Some languages prefer a more formal and structured style like French, Latin, and German, while others use a more straightforward or descriptive approach like English or Scandinavian languages. 

Always Use Clear Language

Legal documents should be translated into clear and concise language. You should avoid using overly complex sentences so the translated text is easily understandable.

Be Mindful of Formatting

Indeed, your job lies in the texts, but it is a good idea to pay attention to the formatting of the legal documents you are translating. Be careful to maintain the structure, headings, and other formatting elements in the original document. You don’t want to displace things and make the client have to rearrange them. Good document translation services should put the customer’s mind at rest concerning the formatting of their documents.

Consider Legalization Requirements:

If the translated document is intended for official use, you should be aware of any legalization or certification requirements that the document will need, and ensure that the translation is in line with the rules. Some of such requirements include: 

• Apostilles
• Notarizations
• Consular Legalizations
• Legalization by the Spanish Ministry of Foreign Affairs
• Sworn Translator
• Affidavit of Translation Accuracy
• Customs or Trade-Related Legalization

Work With Experts: 

Legal documents often contain nuanced language and subtle distinctions. Legal experts who know their onions can clarify these distinctions as well as complex legal concepts so that you fully understand the meaning and context of the content.

Proofread Thoroughly:

After you have completed the translation, make sure you proofread the document meticulously. Look carefully for errors, inconsistencies, or any potential issues that may affect the accuracy of the sworn translation. Reliable document translation services pay close attention to every detail. 

Maintain Confidentiality:

Legal documents often contain sensitive information that your clients may not want to share. You should adhere strictly to confidentiality standards and ethical guidelines when handling their legal translations or any other type of sworn translation service for that matter. When sharing these documents with experts, make sure they have strong data security measures and standards in place on their end as well. 

 

How are Legal Documents Certified After Translation?

After the legal document has been translated by the sworn translator, they then issue a certificate of accuracy, known as a "certificación" or "declaración jurada," confirming that the sworn translation is faithful to the original document. This certification includes the sworn translator's details, signature, and official stamp.
 

In some cases, the sworn translation may need to be notarized. A notary public can authenticate the translator’s signature, adding an extra layer of verification to the certification. This step is often required for certain legal documents intended for official use such as wills, affidavits, powers of attorney, etc..

If the translated legal document is intended for use in a country that is a party to the Hague Apostille Convention, an Apostille may be required. The Apostille is a simplified form of authentication that verifies the validity of the notary's signature or the sworn translator's certification. It takes the form of a printed sticker that comes with the handwritten signature of an official, an official seal, and a hologram. 

Also, depending on the destination country's requirements, the translated and notarized document may need to be legalized by the Spanish Ministry of Foreign Affairs. This step further confirms the authenticity of the document for international use.

In certain cases, the translated and legalized document may need to be submitted to the consulate or embassy of the destination country for additional legalization. This is relevant if the destination country is not a member of the Hague Convention, and does not recognize the Apostille.

 

How Can Translayte Help?

As a translator, you can partner with us to tap into our network of sworn translators certified by the Spanish Ministry of Foreign Affairs. Benefit from our swift turnaround, competitive prices, and exceptional customer service.

You can also contact us if you have documents that need certified translations by requesting a quote and uploading your documents on our website. Our sworn translations in Spain are credible and are accepted within key institutions, including Spanish Embassies, the Ministry of Justice, Ministry of the Interior, as well as Universities, Banks, Local Authorities, and Courts. We make the process seamless by accepting legal documents in various formats, including PDF, JPG, PNG, and Word.

Join us today and gain access to trusted language solutions!

 

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