The transplantation of legal concepts by means of language: a private law perspective

Abstract

The aim of this article is to uncover the inherent risks embedded within the transplantation of legal concepts, specifically focusing on those arising from language usage. As will be demonstrated, these risks also play a substantial role in shaping the ultimate form of these concepts after transplantation. In pursuit of identifying these risks, the article not only draws on legal aspects but also integrates insights from legal linguistics and references cognitive linguistics. Instead of examining the reception of legal concepts from one national jurisdiction to another, this article concentrates on the reception of concepts from European Union law or international law within national jurisdictions, as well as the straightforward applications of legal concepts in private transactions with an international element.