WHY THE CHINESE WALL IS NOT A “CHINESISCHE WAND”

Translating is unfortunately not as easy as painting by numbers. The reason being, in a language pair, the one language may only have one expression for something, while the other could have two or more. One example for such a case is the English word “wall”, which in German can be either Mauer or WandChinesische Wand sounds kind of weird, for Chinese Wall, the correct term being Chinesische Mauer.

This is also often the case when it comes to legal texts – with the added difficulties that, firstly, the definitions for legal terms can change over time (the German Totschlag used to mean something else in the 1920s than it does today) and secondly, legal terms vary in different jurisdictions (Totschlag is defined differently in Austria compared to Germany).

This is one of the reasons why it is not always possible to translate a term into a different language adequately. One trick can be, for example when translating “shareholder” from English to German, to “create” a new word. Linguists call this a loan translation. If the translator does not know if the shareholder holds shares in either a GmbH (Gesellschafter) or a stock company (Aktionär), the problem can be solved by using the word Anteilseigner, which fits both.

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