The present study analyses the textual genre of real estate purchase contract in the legal systems of Italy, Germany and Austria from a synchronic and pragmatic perspective. At its core, the dissertation sees “text” as a communicative act linked to pre-established conventions aimed at fulfilling specific social functions. The study develops a textual analysis model on the interplay between this genre’s macro- and microstructural structure and its primary legal function, i.e. the interaction between linguistic-textual and legal levels of inquiry. In so doing, the analysis compares the method of legal text writing in the afore-mentioned legal systems, to then contrast between Italian and German languages as well as two varieties of the latter. Forty authentic purchase contracts were used as primary sources, as well as nine model contracts from form books, issued between 2000 and 2018. The analysis starts with an identification of the intra- and extratextual factors that define this textual genre and its classification within the legal framework. On this basis, the contracts of the corpora of Italy, Germany and Austria are analyzed separately. In particular, the work focuses on their macrostructure, including legal, functional and thematic macro-structural plans. The interaction between legal function and linguistic-textual structure of the real estate purchase contract emerges especially at a functional level, through the sequence of linguistic functions carried out on the basis of legal contents. The results obtained from the analysis of the three corpora are finally compared and integrated with a classification of verbal forms that characterize certain macro uses within this textual genre, i.e. the realization of specific linguistic and legal functions. The method proposed offers novel inputs for future research in the field of comparative linguistic applied to specialized texts, as well as translation studies and legal linguistics.
Il contratto di compravendita immobiliare da un punto di vista pragmatico. Modello per un'analisi testuale contrastiva sviluppato su corpora da Italia, Germania e Austria
2019
Abstract
The present study analyses the textual genre of real estate purchase contract in the legal systems of Italy, Germany and Austria from a synchronic and pragmatic perspective. At its core, the dissertation sees “text” as a communicative act linked to pre-established conventions aimed at fulfilling specific social functions. The study develops a textual analysis model on the interplay between this genre’s macro- and microstructural structure and its primary legal function, i.e. the interaction between linguistic-textual and legal levels of inquiry. In so doing, the analysis compares the method of legal text writing in the afore-mentioned legal systems, to then contrast between Italian and German languages as well as two varieties of the latter. Forty authentic purchase contracts were used as primary sources, as well as nine model contracts from form books, issued between 2000 and 2018. The analysis starts with an identification of the intra- and extratextual factors that define this textual genre and its classification within the legal framework. On this basis, the contracts of the corpora of Italy, Germany and Austria are analyzed separately. In particular, the work focuses on their macrostructure, including legal, functional and thematic macro-structural plans. The interaction between legal function and linguistic-textual structure of the real estate purchase contract emerges especially at a functional level, through the sequence of linguistic functions carried out on the basis of legal contents. The results obtained from the analysis of the three corpora are finally compared and integrated with a classification of verbal forms that characterize certain macro uses within this textual genre, i.e. the realization of specific linguistic and legal functions. The method proposed offers novel inputs for future research in the field of comparative linguistic applied to specialized texts, as well as translation studies and legal linguistics.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14242/141484
urn:nbn:it:unibo-25728