英语商务合同的特点及其翻译

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.Content1. Introduction12. Features of English Business Contract12.1 Language Features of the English Business Contract22.1.1 Formal Vocabulary being Frequently Used22.1.2 Technical Terms Being Applied a Lot32 1.3 Archaic Words Being Employed Often42. 2 Syntactic Features52.2.1 Using Compound Sentence52.2.2 Using Statement Sentence52.2.3 Using Conditional Clause and Attributive Clause62.2.4 Using Long Sentence62. 3 Structural Features of Contract73. Translation Strategies of English Contract73.1 Translation Principles of English Business Contract Translation83.1.1 Faithfulness83.1.2 Exactness83.2 The Mistakes in Translation English Business Contract93.3 Practical Methods Employed in Translating English Business Contract103.3.1 Paraphrasing103.3.2 Free Translation113.3.3 Finding the Functional Equivalence114. Conclusion12Bibliography1417.Features of English Business Contract and Its Translation Strategies1. Introduction With the constant deep development of the policy of Market economy and the Reform and Open to the out side world of our country, the market competitive system of China has made a further progress. The business trade with the foreign country has become so much frequent that we have got more and more opportunity to cooperate with the foreign company with the widen of the scale of the enterprises concerning foreign affairs. So, it has become an imperative part to draft, negotiate and sign a contract. “Business contract”, having legally binding for the both sides, is an agreement signed by he nature person or the juridical person in order to realize some certain business destinations under a certain legitimate procedure to get some certain rights and carry out obligations for each other. It is because the business contract has legal effect that the two sides who have signed the contract have to abide by the contract strictly to carry out their own obligations comprehensively, which lays a high demand for the usage of the words and sentence -no error at all. In this paper, brief analysis will be given to several aspects on the English business contract as well as some translation skills and strategies. Especially, attention should be paid to the features of the words, sentence structures, translation difficulties and some translation skills. As long as the international trade exists in the world, there is much space and value to give special attention to the English business contract. 2. Features of English Business Contract Contract, a kind of document of legal effect, has lots of kinds, such as Contractual document, main including contract, agreement, deal and intention. It is a kind of treaty reached by both parties involved. There are many kinds of business contracts used in business field Which are as the following:(1) Contracts for International Sale of Goods(2) Contracts for International Technology Transfer(3) Contracts for Sino-foreign Joint Ventures(4) Contracts for Sino-foreign Contractual Joint Ventures(5) Contracts for International Engineering Projects(6) Contracts for Compensation Trade(7) Contracts for Sino-foreign Cooperation Development of Natural Resources(8) Contracts for Foreign Labor Services(9) Contracts for International Leasing Affairs(10) Contracts for Sino-foreign Credits and Loans(11) Contracts for International Build-Operate-Transfer These kinds of contracts, all related to business nature, need both versions of English and Chinese. So translation seems to be of great importance in this field. 2.1 Language Features of the English Business Contract Business contract has a lot of features in the use of language, such as the use of words, sentence structure and other characteristics. Because the business contract is a kind of official document with legal effect, some normal and strict words or word groups are used in the contract in order to show its normalization, legally binding and solemnity. And a lot of technical terms, the structure “ here there where+ preposition” and abbreviations are used in the contract. In this part, special attention will be paid to the following aspects.2.1.1 Formal Vocabulary Being Frequently Used Because the business contract is a kind of official document with legal effect, some normal and strict words or word groups are used in the contract in order to show its normalization, legally binding and solemnity. For example:(1) The participants in the Joint Venture shall commence discussion with regard to the extension of the period of existence of the Venture and in the event of their agreeing upon such extension, they shall record such agreement in a written document signed by all of them not later than three years prior to the expiry of the current period.(Translation: 就本合资企业的存续时限的延期问题,各方应进行讨论;一旦各方就此达成一致,应形成书面协议,由各方在本合同期限到期之前的三年内签字生效。)(2) These articles shall apply to documentary credits, including stand by letters of credit, to the extent to which the credits in question shall be applicable, and shall be binding on the Parties to the Contract, unless otherwise expressly agreed by the Parties thereto.(Translation:本条文适用于一切跟单信用证,并包括在其适用范围内的备用信用证,对合同各有关方面均具有约束力,除非另有约定。) The phrases “with regard to”, “in the event of ” and “prior to” replace “about”, “in case of” and “before” respectively in the example (1). In the example (2), “unless otherwise” is expressed more normally than “if not” and “otherwise”. While, there is no strict distinction between normal and in-normal words in the chose of words, which should be done according to certain situation. From these examples, we can see that we have to choose the normal and strict words to translate the source language English into target language Chinese in order to be functional equivalence with the original. 2.1.2 Technical Terms Being Applied a LotA lot of technical terms are used in the contract, which should be considered over and over again before translating. They are usually noun words or noun word groups. Because English contracts are always about so many different kinds of professional fields where a lot of very professional technical terms must be used in the translation, such as the use of the law terms: arbitration, litigation practice, bill of complain, without recourse and so on. For example:(3) Contractor shall assure full responsibility for the entire project work until its acceptance. (Translation:在项目接收之前,承包方应对工程承担全部责任。)(4) Full set clean on board marine Bill of Lading issued to the order of the shipper and blank endorsed. (Translation:承运人签发的全套整洁、已装船的海运提单,空白背书。)(5) The payment shall be made by confirmed. irrevocable and documentary LC. (Translation:付款方式为经确认的、不可撤销的、书面信用证。)In the 3 examples above, the translation of the “acceptance”, “clean”, “to the order of”, “confirmed” and “documentary”, whose accurate Chinese meaning are “验收”, “清洁”, “以为抬头”, “保兑的” and “ 跟单”. From the examples mentioned above, in order to translate the detailed technical terms more precisely, as a translator, one should master some basic translation skills and the necessary basic knowledge to use the translation assistant tools as well as a good understanding of both the source language and the target language.Just as the two words “acceptance” and “collection” mentioned, it will be regarded as very careless and irresponsible to translate the word “acceptance” into “接收” and translate the word “collection” into “收集”. As a result, in the professional field, the translator should not only know the meaning of the words, but also he should get a better knowledge of the respected fields in order to have a dynamic equivalence between the original and the translation version. 2 1.3 Using of Archaic WordsAs the archaic words are rarely used in English, it is not easy to translate these words for the beginners of the business English contract. In the following part, attention will be drown to the archaic words.Hereby=by means of , by reason of this ,in Chinese, 特此, 因此Therein =in that, in that particular, in that respect, in Chinese, 在那里,在那点上,在那方面. For example:(6) The Employer hereby convents to pay the contractor inconsideration of the execution and completion of the works and the remedying of defects payable under the provisions of the contract at the time and in the manner prescribed by the contract. ( Translation; 业主特此立约保证在合同规定的期限内, 按合同规定的方式向承包人支付合同价, 或合同规定的其他应该支付的款项,以作为本工程施工,竣工以及修补工程中缺陷的报酬。)Thereto=to that, 随附,附之Thereof=of that, 由此,其“contract products” means the products specified in Appendix 2 to this contract, together with all improvements and modifications thereof or development with respect thereto.”空格(合同产品”是指本合同附件2 中规定的产品及其改进发展的产品。)Whereas=considering that, in Chinese, 鉴于,就而论hereunder=under this, in Chinese, 在其下,依照“Whereas Party A and Party B, adhering to the principle of equality and mutual benefit and through friendly consultation, agree to jointly invest to establish a new Joint Venture Company in China, the contract hereunder is made and concluded.” (鉴于A 方与B 方按照平等互利的原则,经过友好协商,决定共同投资在中国建立合资经营公司,为此达成如下合同。)2.2 Syntactic FeaturesThe words in the business contract are very formal, professional and accurate, so the sentence structures in the contract are very colorful with different kinds of patterns such as attributive clause, the use of declarative sentences, the use of passive sentences and the use of long sentences. In order to make clear the certain rights and obligations of the parties who signed the contract to avoid misinterpretation, misunderstanding or ambiguity, a lot of complex structures of the long sentence are used in the English business contracts. In the following parts, a brief elaboration will be given about sentence features of English business contract.2.2.1 Using Compound Sentence Using the compound sentence in business English contract is to make this contract clearly without any more questions for both parties. However, it seems quite a long sentence for readers. So, sentence constituents need to be classified. For example:(7) The Buyer may, within 15 days after arrival of the goods at the destination, lodge a claim against the Seller for short-weight being supported by Inspection Certificate issued by a repeatable public surveyor. (Translation: 货物抵达目的港15天内,买方可以凭有信誉的公共检验员出示的检查证明向卖方提出索赔。)Here, the main body of this sentence is “The Buyer may .lodge a claim.” The modifiers separately are “within 15 days after.destination”; “being supported.public surveyor”; “for short-weight” to express different meanings. (8) The Seller shall not be responsible for the delay of shipment or non delivery of the goods due to Force Majeare, which might occur during the process of manufacturing or in the course of loading or transit. (Translation: 在制造或装船运输过程中,因不可抗力致使卖方不能或推迟交货时,卖方不负责任。)2.2.2 Using Statement Sentence A contract shall be an agreement whereby the parities establish, change, or terminate their civil relationship. So the contract needs to establish the rights and obligations between parties as well as describe the contents of the contract objectively and accurately. Through the statement sentence which is objective and dont have modifiers to express the objective contents in contract. For example:(9) Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent. (Translation:双方应信守合同,未经双方一致同意,任何一方不得擅自更改,解除,终止合同。) (10) Party A shall pay the interest on its long-term letter of credit and pay the interest on the loans due to be rendered by Party B. The annual interest rate agreed upon at 3%. ( Translation: 甲方应在按照乙方事先提供的利率(年利率为3%)来支付长期信用证和贷款的利息。)2.2.3 Using Conditional Clause and Attributive Clause Business English Contract needs strong logicality and the careful thinking in content. It is necessary to think all the different situations and reject those outside cases to reach out the solutions. As determined by the accuracy of legal language, the meaning should be clear and rule out the possibility of misunderstanding. For example:(11) If any of the above-mentioned clauses is inconsistent which the following Additional Clauses, the latter to be taken as authentic. ( Translation: 以上任何条款如与以下任何条款有抵触时,以以下附加的条款为准。)Here, this business contract English is available and considerable caused by this conditional clause without worry of ignoring the situation. For example:(12) A reply to an offer which supports to be an acceptance but contains additional or different terms which do not materially alter the terms of an acceptance. (Translation: 对发价表示接受单载有添加或不同条件的答复,如所载之添加或不同的条件在实质上并不更改该项发价之条件。不构成接受。)2.2.4 Using Long SentenceMost English sentences are long in nature, while most Chinese sentences are short in nature. There are two main methods to translate a long sentence. First divide a long sentence into two or more meaningful groups and identify the main clause and the subordinate clause, and then translate them into Chinese. In most cases, it is necessary for translators to rearrange the sentential order or structure in translation. For example:(13) Notice of particulars of shipments should be sent to buyer at such time and by such means so that the said notice should be received by buyer within 7 days after shipment. (卖方需及时以适当的方式将装运详情通知买方,以使买方在装运后七天内收到该装船通知。)In the original sentence there is only one punctuation, i.e. It is not easy to convey its meaning in fluent Chinese. This sentence can be divided into two parts from “so that”,so as to make the translation keep with Chinese thinking model and syntactical features. The other main method for translating the long sentence is reverse -order translation. Sometimes, the structural order of a long English sentence is just opposite to that of an equivalent.2.3 Structural Features of Contract In general, business contract includes three main parts. Namely, they are Preface (Preamble), the body (Main Body) and end (Final Clauses). First, preface is the general conditions of contract, whose main contents are the names of the both the parties involved in the contract, and their legal personality, and their business scope, and legal address and the date when signs the contract and place where signs it, and their interest to sign the agreement and the scope of authorization of this contract. Second, the body (Main Body), the most important part of the contract or agreement, consisting of the terms of the law, the certain rights &obligations and responsibilities & risks involved in the contract for the parties to take into consideration. Third, End (Final Clauses), the end of the contract, is also known as the final terms of the contract. Its main contents include the commencement of the contract, the contract text and supplementary provisions and additional agreements. 3. Translation Strategies of English ContractA best translation strategy means that how can make a word or a sentence read like the native language both in its style and meaning. Literal translation, free translation, domesticating translation and foreignzing translation are translation strategies. In this part, brief introduction will be given to the application of translation methods in English contract translation. What is more, more attention will be given to basic translation methods in the translation of English business contract.3.1 Principles of English Business Contract Translation Along with different principles put forward by different scholars, translators usually hold the view that the principles proposed by Professor Liu Fagong in his Exploring into the principles of Chinese-English Business English Contract. Professor Liu puts forward the view that the major principles of business translation should be “faithfulness and exactness”. 3.1.1 Faithfulness “Faithfulness” means that the information must be equivalent with the information in source language, Information transmitting is the core of business contract, and the information should be equivalent. For example:(14) A partial average loss under 3%of the insured amount will not be recoverable but one amounting to or exceeding 3% will be paid. (Translation: 单独平均损失低于所保金额的3%时,不赔偿,达到或超过3%时则赔偿。)Here, translator misunderstood the term “partial average loss”. The term “partial average term” should be translated into Chinese “单独海损”. Translators misunderstanding leads to the failure of information transmitting.3.1.2 ExactnessExactness demands translators to choose the accurate words in translation, which can transmit the equivalent information with the one in source language. Accuracy in both understanding and choosing word is the first condition to guarantee the high quality of translation. For example:(15) Party A shall have a right of first refusal whenever Party B wishes to sell any of its shares in the Group. (Translation: 乙方任何时候有意出售其持有之任何集团股份,甲方一律拥有优先拒绝权。) This translation completely deviates from the “exactness” spirit. The false resort impute to the misunderstanding of the phrase “right of first refusal”(优先购买权). 3.2 The Mistakes in Translation English Business Contract A lot of mistakes are found in the English business contract translation due to the special features of the business contract; there are a lot of difficulties in the translation of it, such as the difficulties in the translation of the jargons, the difficulties in the translation of Abbreviations and the obstacles in dealing with the complex sentence structures. Only when the difficulties mentioned above are solved properly, can an excellent translation version be gained. In the following parts, some detailed information. There are many mistakes in English contract translation. The first and foremost, choose the wrong term, the terms in business contract requires to be more specific. As we all known, a word may have many meanings, that is polysemy. Polysemy is the existence of more than one meaning for a given word, that is, the capability of a word to convey different information about objects and phenomena of extra linguistic reality. For example, the Russian word gorlo has four meanings: “throat” (the front part of the neck), “gullet” (the cavity behind the mouth), “neck” (the narrowed upper part of a bottle), and “estuary” (a narrow water passage). In many languages, including Russian, there are more polysemous words than words with one meaning. To choose the right meaning is important. There are many mistakes caused by polysemy. For example: (16)the subcontractor shall make available to the contractor all relevant planning and reporting documents(daily, weekly, and monthly progress reports, accident and security reports, payrolls, list of labor staff and expatriates.The “payroll” in this sentence cannot be translated as “工资单”. However, the “payroll” should be translated as “计算报告” . (Translation:“分包商应向承包商提供所有相关的计划和报告文件(每日、每周和每月的进度报告、事故及安全报告、计算报告和劳务职员及外籍人员名单”。)Secondly, the foreign background information displays important role, if a interpreter is not familiar with the business field, he cannot correctly translate the contract. And frequently mistake in translation will cause not clear, and confusion. For example:(17) The contractor shall be responsible for the true and proper setting-out of the works in relation to original points, lines and levels of reference given by the engineer in writing and for the correctness, subject as above mentioned, of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labor in connection therewith. (Translation:承包人负责根据工程的书面指示正确的开始工程,保证工程位置、面积、水平面及各部分组合的质量,提供工程所需工具、设备和劳力。)This paragraph involves Engineering Surveying the main reason for mistake is the lack of related information. Such as setting-out(放线), original points(原始点), lines(线), levels(水平)and instrumen
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