This article will explore several terms that can be used as the Turkish correspondent of the concept “teminat” in English legal terminology though with the possibility of acquiring different meanings within the particular context in which the term is utilised. The terminology in question, such as Collateral, Guarantee, Warranty, and Security, can frequently be misunderstood in the translation process. This article will therefore analyse these terms through demonstrating their usages in a sentence through examples. For instance, the term “collateral” is often utilised in Turkish law as the correspondent of “teminat” in English legal terminology. One can recognise that the term “collateral” is utilised whilst mentioning concepts such as a collateral that is deposited during a pending case or a collateral that is deposited in the bank. In this sense, please refer to the sentence below to see the exemplified usage of the term “collateral”:
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In order to provide assurance that the defendant can be compensated for the damages the defendant may be afflicted with as a result of an unjust lawsuit, a foreign plaintiff who files or participates in a lawsuit in Turkey is obliged to deposit a collateral. |
Türkiye’de herhangi bir dava açan veya davaya katılan bir yabancı davacının haksız bir dava nedeniyle davalıyı uğratabileceği zararın tazmin edilebilmesi için bir güvence olması amacıyla teminat yatırması gerekmektedir. |
In the sentence mentioned above, the term “collateral” was utilised in order to indicate an assurance that is to be deposited as pertaining to a pending case, while the term “guarantee” was utilised to refer to the component of insurance that is to be provided through this guarantee. When used in this context, “teminat” can also be utilised as the correspondent of the term “guarantee”, though using the term “garanti” may be more befitting in a sentence. The sentence mentioned below can be demonstrated as an example in this sense:
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The Company has not provided or consented to grant any assurances insuring any third party responsibility, nor has it provided or consented to grant any comfort letters (be it binding or not) pertaining to any third party responsibility. |
Şirket, üçüncü tarafların herhangi bir yükümlülüğünü güvence altına alan herhangi bir garanti vermemiş veya vermeyi kabul etmemiş veya herhangi bir üçüncü tarafın herhangi bir yükümlülüğü ile ilgili olarak herhangi bir destek mektubu (bağlayıcı olması fark etmeksizin) ihraç etmemiş veya ihraç etmeyi kabul etmemiştir. |
Once again, the translation of the concept “warranty” as “teminat” which is one of the counterparts of the term “teminat” may not necessarily be the accurate usage of legal language. As shown in the example below, the concept “warranty” can alternatively be rendered into Turkish through the word “garanti”.
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In particular, the Trustee may include in the sale and purchase agreement such customary representations and warranties and indemnities as are reasonably required to effect the sale. |
Özellikle, Yediemin, satış ve satın alma sözleşmesine, satışı gerçekleştirmek için makul bir şekilde gerekli olan mutat beyanları ve garantileri ve tazminatları ekleyebilir. |
That being said, depending on the context in which the concept “security” is employed, there may be a variety of translations. The term “security” may be utilised to correspond to the concept “teminat”, though it might also refer to alternative definitions like bonds, mortgages and securities. The sentence mentioned below can be demonstrated as an exemplary usage of the term “security” as a correspondent of “teminat”.
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Although this security is generally illiquid and its value is closely correlated to the performance of the relevant loan operating assets, it does provide the Bank with rights and negotiating leverage that help mitigate the overall credit risk. |
Bu teminatın genellikle likit olmamasına ve değerinin ilgili kredi işletme varlıklarının işlemesiyle yakından ilişkili olmasına karşın, Banka’ya genel kredi riskini hafifletmeye yardımcı olan haklar ve pazarlık kozu sağlar. |
English to Turkish and Turkish to English translations of terminology that can produce a variety of differing interpretations such as the term “teminat”, must be thoroughly assessed through identifying the most accurate interpretation of the term in its context, while also taking legal terminology into consideration. We can say from experience that referring to a lawyer who is an expert in their field for the accurate interpretation of the context of the document will guarantee a more definite and reliable translation assistance. The aim of Legis Translate is to not only produce the most precise terminology constricted to a word in itself, but to also ensure its accuracy in terms of the legal interpretation of the text in the translation process of the document with interpreters that are expert in their field.
All other English-Turkish legal translation examples can be found in our blog posts here.