Legal translation isn’t just about translating words between languages. It’s about accurately interpreting legal meaning, structure, and context. Nowhere is this more evident than in the translation of polysemous legal terms, i.e., words that have multiple meanings depending on the legal context. A perfect case in point? The English legal term “indemnify”.
At first glance, many automated translation tools will render “indemnify” in Spanish as ”indemnizar”. But this translation is often incorrect, and potentially misleading, in legal settings.
Let’s break it down.
Understanding “indemnify”: one word with multiple legal meanings
Indemnify is a polysemous term: it has multiple meanings depending on the legal context. This makes it especially tricky to translate without a strong grasp of both source and target legal systems.
1. “Indemnify” in contracts: exemption from liability
In contracts —particularly clauses involving liability — “indemnify” often appears in phrases like:
”Defend, indemnify, and hold harmless”
In this case, “indemnify” refers to the obligation to protect another party from legal claims or financial liability. The correct Spanish translation here is usually:
“Eximir de toda responsabilidad”, “exonerar de toda responsabilidad” or “mantener indemne”
This has nothing to do with “indemnizar”, which refers to financial compensation for harm, a different concept altogether.
2. “Indemnify” in Corporate Law: financial reimbursement
In corporate governance documents, such as bylaws or shareholder agreements, indemnify takes on a different meaning. “Indemnification of directors and officers”, for instance, refers to reimbursing or covering costs incurred by directors, officers, or employees in the course of their duties, such as legal expenses from lawsuits.
“indemnify” in this context usually translates as:
“Resarcimiento económico”, “compensación”, or even “reembolso de gastos legales”, depending on
the context.
This usage is more in line with what “indemnizar” suggests.
The takeaway? Legal translation requires more than bilingualism
These examples show why legal translation demands a human expert, not just someone who knows both languages, but someone who understands legal systems, terminological nuances, and contextual accuracy.
Misinterpreting a term like “indemnify” can lead to serious contractual misunderstandings, compliance issues, or litigation risk. Machine translations can assist, but they can’t replace a legal translator’s trained judgment, at least not yet.
Need a legal translator? Contact us today at info@a-zworld.ca or visit www.a-zworld.ca and let expert legal translators bring clarity, not confusion, to your cross-border legal documents.