Termination Clauses in Common Law and Civil Law: A Comparative Corpus-Based Analysis of English–Italian Terms of Service

In common law, the “termination” of a contract entails several consequences, particularly on the basis of the context where such a term is used and, from a linguistic perspective, depending on the words that accompany it (e.g., “termination for cause” vs. “termination without cause”). In Italian civil law, there are manifold translations of the lemma “terminate”, which are investigated and discussed in this paper. To this aim, English and Italian comparable corpora of terms of service (i.e., online terms and conditions of web hosting services) are consulted, where similar clauses are retrieved and words are analyzed in context. In this way, the complex nature and the manifold meanings of the lemma “terminate” are unveiled, and Italian (full or partial) equivalents are proposed. The paper’s findings highlight that in order to explore the renderings of complex terms, such as “terminate”, not only are linguistic tools, such as ad hoc corpora, necessary, but also legal resources, such as statutory documents and case law. In addition, solid knowledge of the subject matter addressed is necessary. In this respect, this paper unveils corpus-based methodologies and research strategies to cope with the intricacies of the translation(s) of “termination” clauses.