Legal Notebook in TSP/TLP Family Law

April, 2013

Family Law Glossary

Family law is a branch of the law that delas with family-related issues and domestic relations. Among these perhaps the most important are : Domestic partnerships such as civil unions and marriages Child abduction and child abuse Surrogacy and abduction The way relationships end and the process that follows the ending of a marriage: divorce, dissolution, annulment, settlements, custody, visitation schedule, alimoney and child support. Paternity testing

The legislation differs from one jurisdiction to another and from one country to another. Family law has a vital importance because it deals with the core of the civil society: the family. It deals with very important emotional problems in an objective and legal manner. From a social point of view the family is universal and permanent. Even if its functions have evolved considerably over the last decades , the family remains a natural and fundamental element of society. The social view on the family is strongly influenced by religion, tradition , geographical factors, economy, culture, education and mentality. All these elements influence the judicial reglementation of the family. Threfore the result is a very complex disciplin: the family law. The European Court of Human Rights has been one of the first international institutions to recongnise the family law and and to underline on various ocasions its importance. Furthermore, depending on the area, family relations are influenced by individual conception, by the diversity of human typologies and by the experiences of its every member. The explanation for the term family is completed by revealing the functions a family has :

Colective functions: even if the importance of this function varies, depending on the society and time, the family has the biggest impact in areas such as : demography, education, economy and culture ( it is very important when it comes to passing on the human values to future generations) . In order to preseve these values, the law has always emphasised the aspect of protecting the family. Even in the international private law the protection of the familly is one of the main points on the agenda. In order to produce any kind of judicial changes , the modifications in the life of an individual as member of a family must be achieved by fulfilling the conditions that the law demands ( marriage, divorce , adoption...). Individual functions: the family is important not only for the socitey, but also for the individual. It offers a refuge , a place where he can find intimacy, solidarity, stability, the power to get over failures, joy, and fulfillment. Therefore the right to have a family is a fundamental human right . Family law in the European Union: The European Unions objective is to establish common rules in regard to family law. The main ideea is that european citizens should not be denied their rights simply because they leave in different countries of the European Union or because they moved from one country to another during their life. However the member states must all agree before these rules are adopted. Currently the European law has rules regarding such things when it comes to : Divorce Parental responsibility Alimony oblgations

Family law in Romania has a very important role. According to it, the Romanian state protects the marriage and family. It supports via economic mesures the development and consolidation of the family. The state protects the interests of both mother and child and shows concern towards rasing and educating the young generation. The Romanian family law also has at its core the marriage achieved by free will. Family law is one of the most special and controversial branches of law and this glossarys purpose is to explain some of the terms that are associated with it. The purpose of this glossary is to analyse some of the most important words of family law. 3

1. English term: testimony Romanian translation : mrturie 2. English term: trial Romanian translation : proces 3. English term: sole custody Romanian translation : custodie unic 4. English term: spousal support Romanian translation: pensie alimentar 5. English term: shared physical custody Romanian translation : custodie fizic comun 6. English term: financial settlement Romanian translation : aranjament financiar 7. English term: child wellfare Romanian translation : bunstarea copilului 8. English term: separate property Romanian translation : proprietate separat 9. English term: sanctions Romanian translation : sanciuni 10. English term: primary physical custody Romanian translation : custodie fizic primar 11. English term: pension Romanian translation : pensie 12. English term: paternity Romanian translation : paternitate 13. English term: custody Romanian translation :custodie 14. English term: probate

Romanian translation : succesiune 15. English term:physical custody Romanian translation : custodie fizic 16. English term: obligee Romanian translation : creditor 17. English term: obligor Romanian translation : debitor 18. English term: non custodial parent Romanian translation : printe care nu deine custodia 19. English term: marriage Romanian translation : cstorie 20. English term: marital property Romanian translation : proprietate comun 21. English term:legal custody Romanian translation : custodie legal 22. English term: legal separation Romanian translation : separare legal 23. English term: joint custody Romanian translation : custodie comun 24. English term: joint legal custody Romanian translation : custodie comun legal 25. English term: Indian Child Wellfare Act Romanian translation : Acordul privind bunstarea copiilor indieni 26. English term: hybrid custody Romanian translation : custodie hibrid 27. English term: guardian Romanian translation : tutore 28. English term:genetic testing Romanian translation : testare genetic 29. English term: family law Romanian translation : dreptul familial

30. English term: domestic relation Romanian translation : relaii domestice 31. English term: domestic violence Romanian translation : violen domestic 32. English term:domestic partners Romanian translation : partenri domestici 33. English term: DNA testing Romanian translation : testare ADN 34. English term: divorce Romanian translation : divor 35. English term: defined contribution plan Romanian translation : plan de contribuie definit 36. English term: defined benefit plan Romanian translation : plan de beneficii definite 37. English term: child support services agency Romanian translation : agenii de protecie a copilului 38. English term: custody investigations Romanian translation : anchet privind dreptul la custodie 39. English term: cohabitation Romanian translation : coabitare 40. English term: alimony Romanian translation : pensie alimentar 41. English term: adoption Romanian translation : adopie 42. English term: foster family Romanian translation : familie adoptiv 43. English term: foster parents Romanian translation : prini adoptivi 44. English term: adultery Romanian translation: adulter 45. English term: abandonment

Romanian translation : abandon 46. English term: emancipation Romanian translation : emancipare 47. English term: foster home Romanian translation :orfelinat 48. English term: minor Romanian translation : minor 49. English term: paternity Romanian translation :paternitate 50 English term: will Romanian translation : testament

Conclusion
Family law represents one of the most important and at the same time most controversial branches of law. At the core of the family law sits the relationship between spouses and the child wellfare. We need to know the general principles of family law in order to be able to distinguish what is right from wrong in the relations of a family. It also helps us provide solutions in certain situations that are not enough regulated by the general law. Family law and policy are important because families matter. Most people regard family as the most essential thing in their lives, right up there with work, health, friendship, economic security and love. Families are complex and pervasively shaped by law. For decades family law cases have been the largest single category of civil filings and trials around the world, about one third, as compared with ten percent for real property, and a bit more for contracts. Apart from the practical importance of family law, it is intellectually fascinating. Family law may be divisible into two categories - public and private. The public field usually means some form of state involvement, beyond providing a forum for individuals to resolve a private dispute. Child welfare law and juvenile delinquency are prominent examples within the public field of family law. The private field principally includes matrimonial law and divorce-related topics such as property distribution and child custody disputes. As previously stated, the purpose of this glossary is to translate form English to Romanian some of the most important words belonging to the family law area of expertize. It was not an easy task because some of them have very different corespondents in Romanian. The family law contains a multitude of specialised terms some of which pose difficulty for translators. In the following paragraphs I will give examples to the way I analysed the terms that make up this glossary of legal English.

One of the procedures I used in order to translate the majority of the terms is the functional equivalent. This common procedure of translation, applied to cultural words requires the use of a culture-free word, sometimes with a new specific term. This procedure, which is a cultural componential analysis, is the most accurate way of translating a word. For example: the English language and more specifically the English family law has the terms: adoption, paternity, abandonment, trial words that via the functional equivalent procedure became the Romanian family law translated words: adopie, paternitate, abandon, proces. This procedure occupies the middle, sometimes the universal area between the Source Language or culture and the Target Language or culture. Another procedure that I have used to translate some terms is synonymy. I have used synonyms in the sense of a near Target Language equivalent to a Source Language word, in a context where a precise equivalent did not exist.This procedure is used for a Source Language word where there is no clear one-to-one equivalent, in particular for adjectives and adverbs. In the glossary above I have used synonymy for terms such as : marital property a term which in the Romanian Language becomes proprietate comun. Synonymy is very important for the translator. He cannot do without synonymy ; he has to make do with it as a compromise, in order to translate important words. However synonymy should not be overused. Certain official names were also difficult to translate. This is because the Target Language culture perceives them differently than the Source Language. This was the case of the Indian Child Wellfare Act term which I translated in the Romanian Language : Acordul privind bunstarea copiilor din India.

Bibliography

http://legal-dictionary.thefreedictionary.com/Family+Law http://www.dreptonline.ro/resurse/resource.php http://ro.scribd.com/doc/14472563/Dreptul-familiei http://ro.wikipedia.org/wiki/Dreptul_familiei http://fds.oup.com/www.oup.co.uk/pdf/0-19-926434-1.pdf

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