Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Alienation From the Language of Civil Procedure and the Function of Translation: A Comparative Study

Document Type : Original Article

Authors

Hassan Mohseni 1
Pouya Saebkia 2

1 Professor of Civil & Commercial Procedure, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Member of Research Center of Justice & Civil Procedure

2 MA. in Private Law, Faculty of Law and Political Science, University of Tehran

Abstract
Guaranteeing linguistic rights in civil proceedings secures the supremacy of fair-trial principles throughout the proceedings . The language of proceedings is principally, that of the state in which the court is seated and any change to the language in domestic proceedings is prohibited because of its link to public order. Some countries, however, allow changing the procedural language in international commercial disputes; in such systems, the first step is the enactment of enabling legislation, followed by the establishment of bilingual chambers and limiting party agreements to predetermined languages. Translation is the solution to the problem of unfamiliarity with the language of proceedings. Oral interpretation is instrumental: the objective is achieved insofar as the party’s understanding and right of defence are effectively secured. By contrast, written translation is substantive: a document lacking translation is excluded from the evidentiary record. Translation also constitutes a form of expert activity and translators are procedurally subject to the provisions governing expert evidence under the Code of Civil Procedure. In civil matters, translation costs are borne by the parties, and translation quality depends on training translators in legal-interpretation skills. The potential for inconsistency or error provides sufficient grounds for allowing the translator’s opinion to be challenged.

Keywords

Fair Trial
Language of Procedure
Linguistic Rights
Official Translation
Principle of Adversarial Proceedings

Subjects

Comparative Civil Procedure
Volume 1, Issue 2
January 2025

  • Receive Date 11 November 2025
  • Revise Date 17 November 2025
  • Accept Date 21 November 2025
  • Publish Date 21 January 2026

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