Pełnomocnik substytucyjny as an example of incongruity of terms of Polish and English legal systems

Abstract

There are several degrees of terminological incongruity, ranging from identical concepts or near equivalence to conceptual voids without any equivalents in the TL. The degree in question can be measured as differences between essential and accidental features (Sarčević 1997: 237-8). The present paper constitutes an attempt to find the functional equivalent of the Polish term pełnomocnik substytucyjny (pełnomocnik dalszy, substytut), a term used in Polish doctrine. Beginning with the definitions of a term and equivalence, types of attorneys under Polish and English civil law are presented, revealing the uncertainty of distinguishing between pełnomocnictwo substytucyjne procesowe 'substitutive power of attorney in proceedings at law' and zastępstwo procesowe 'representation in proceedings at law' in the Polish legal system. In the process of searching for the functional equivalent, English equivalents of the term in question suggested in the bilingual dictionaries are presented. Definitions of the following terms appearing in the English handbooks and dictionaries of law were also analysed: 'substitute,' 'agent,' 'sub-agent' and 'attorney'. Finally, following completion of the research, a functional equivalent of the term pełnomocnik substytucyjny was proposed. Nonetheless it was concluded that the occurrence of system-bound terms as well as the phenomenon of the incongruity of terms make the process of translation extremely challenging.