Esperanto as a Language of Legal Acts

Abstract

‘Aliĝilo’ and ‘kotizo’, two Esperanto words commonly used when concluding contracts for the organization of Esperanto events, are referred to in this article as the symbols for analysing the use of Esperanto in civil law. Considerations around the concept of the linguistic form of a legal act are conducted on two levels. The first plane addresses legal transactions between Esperantists in the Esperanto movement in terms of their admissibility and legal weight. The second plane applies to common civil-law transactions, with a special emphasis on international trade, through the prism of the admissibility, weight, and areas of use of Esperanto. The author analyses the so-far merely signalling statements in the Polish civil-law doctrine concerning the legal meaning of the use of Esperanto and deepens research in this area. In this respect, the author analyses legal acts in general, limitations resulting from the application of the Polish Language Act and those legal acts that require a special form, such as last wills and testaments and bills of exchange, in terms of admissibility of expressing a statement of will in Esperanto. An important role is also played by the placement of the subject in the context of the following principles: freedom of contract and freedom of form of legal actions as well as equality of parties to legal relationships of the civil-law type. The procedural consequences of the use of Esperanto in the sphere of substantive law are also shown. In addition to evaluating numerous examples, the case of the practical application of Esperanto in law is discussed. The summary outlines advantages and risks as well as offers legislative proposals.