“TIME IS OF THE ESSENCE” : AVATARS DE LA TEMPORALITÉ DANS LES CONTRATS DE LA COMMON LAW

Abstract

The paper focuses on time marks that may be detected in common law agreements and the translation issues they imply. In the first section, the author discusses the relation between time and law. The legal time governs the social time, as it ensures order and security. If memory is the manifestation of the legal past, the promise is the expression of the legal future. Depending on the legal culture taken into account, the legislator’s time may be more or less important than the time of the judge. The second section of the paper deals with time avatars that may be identified at the macrotextual level. The contract is understood as a promise that becomes obligation. The legal time is also expressed in contracts by the predictive capability of the parties, its acceleration and backwardness, its finiteness. The last section is an analysis of the translation of terms, collocations and metaphors expressing time in common law contracts.