TranslationofBusinessContract商务合同翻译特.doc

TheCharacteristicsandTranslationofBusinessCo(2010-06-22 18:57:50)转载标签：杂谈ContentsAbstract: 11. General Introduction of Business Contracts English41.1 Concept of Business Contracts English. 41.2 Basics of Business contracts English. 41.3 Structure of Business contracts English. 5I. Contents of preamble. 5III. Contents of Final Clauses. 52.Main Features of Business Contracts English52.1 Lexical Features. 52.1.1 Massive Use of Archaism. 52.1.2 Abundance of Technical Terms and Abbreviated Expression62.1.3Juxtaposition of Synonyms and Specialized Legal Meaning Words72.1.4Usage of “Shall”. 73.1 Syntactic Features. 83.1.1 Logical Expressions. 83.1.2Compound Sentence. 83.1.3Statement Sentence. 93.1.4Conditional Clause and Attributive Clause. 94. Principles of Business Contract English Translation104.1 Faithfulness. 104.2 Exactness. 104.3 Consistency. 115. Practical Analysis and Translation of Business Contract English115.1Lexical Level 115.1.1Translation of Synonyms. 115.1.2Translation of Detailed Terms. 116.1 Syntactic Level 126.1.1 Adjustment of the Subject 126.1.2Adjustment of the Object 126.13Adjustment of the predicative. 13Conclusion. 14Notes: 15Acknowledgement.17Abstract:A regime of contract is fundamental to modern society. The whole economy, even the whole social system bases on it. Along with the rapid development of global economy integration, international business are more and more frequent and, business English, as a tool for international economic exchange and business routines has a new type of comprehensive subject. More and more English-learners and law-majors hope they can know something about business English contracts so as to understand them correctly, translate them exactly and make them perfectly. However, business English contract has its unique features. It has strict requirement in terms of the structure, content, format and diction. In English-Chinese contract translation, translators should have a strong awareness of lexical and syntactic features of business English contract as well as be knowledgeable about its translation criteria, so that translators can have a better comprehension and translation would be accurate, rigorous and normative.摘要：合同制度是现代社会必不可少的一种制度。社会的经济，甚至是整个社会制度都依靠它。随着全球经合合作的加快，国际间的商务交流越来越频繁，而商务英语作为一种国际经济交流以及日常商务交流起着一个全新的角色作用。越来越多的英语学习者和法律专业的学习者都强烈希望着可以对商务合同英语有更多的了解，这样，便可以准确而完美的翻译它们。然而，由于合同也具有它独特的特点和在结构，内容， 格式等方面具有严格的翻译标准。因此，对于翻译者们而言，就需要了解合同的词汇以及句子的特点，并了解合同的翻译标准，这样，便可以将合同翻译的准确，严谨而规范。Key words:Business English Contract；Features；Translation关键词：商务合同英语；特点；翻译The Characteristics and Translation of Business Contracts English1. General Introduction of Business Contracts EnglishTo translate business contracts English better, its not only to grasp the understanding of business contracts English, but also to know some basic elements of business contracts English. Such as the concept of business contracts English, some basics of business contracts English and also the structure of business contracts English.1.1 Concept of Business Contracts English“A contract, in the simplest definition, is a promise enforceable by law. The promise may be to do something or to refrain from doing something. The making of a contract requires the mutual assent of two or more persons, one of them ordinarily making an offer and another accepting. If one of the parties fails to keep the promise, the other is entail to legal recourse against him. The law of contract has to do with such questions as whether a contract exists, what the meaning of it is, whether a contract has been broken, and what compensation is due the injured party.”1-124According to the New Encyclopedia Britannica, a contract shall be an agreement whereby the parities establish, change, or terminate their civil relationship. There are some other prescriptions:“Contracts referred to in law are agreements between equal natural persons, legal persons and other organization for the purpose of establishing, altering and terminating mutual civil rights and obligations.”On the basis of understanding the definition of contract, business English contract has kind of relationship with the Legal English as well as the main features of Legal English. Since English contracts are kind of legal documents, we need take the main features of Legal English into account to translate business English contract precisely.1.2 Basics of Business contracts EnglishUsually, it is difficult for us to judge whether its a valid contract or not. So to translate those business contracts English, we have to know what are the basics of business contracts English. A valid contract should possess these four basics:I. A meeting of the minds2between the parties to the effect that both parties totally agree essentials of the deal.II. Consideration3means that a contact should take the commodity, delivery and terms of payment, etc into consideration.III. An agreement to enter into the contract.IV. The legal competence of each party. The parties are not minors and are of sound mind.1.3 Structure of Business contracts EnglishUsually, a contract is divided into three parts: preamble, main body, and final clauses.I. Contents of preambleThe contents of preamble contains: the corporate or personal names of the Parties, business scope, principal places of business or residential address, date and place.II. Content of Main BodyThe main body of the business contracts English is: the technical conditions, quality, standards, specifications and quantities of the object of the contract; time limit, place and method of performance, etc.III. Contents of Final ClausesFinal clauses need to own: corporate seals and signatures, etc. Usually, the final clause ended with fixed expression, like this:This contract is made out in two signatures, each copy written in Chinese and English languages, both text being valid. In case of any divergence of interpretation, the Chinese text shall prevail.2.Main Features of Business Contracts English2.1 Lexical Features2.1.1 Massive Use of ArchaismAs to the business contract English related with Legal English as well as to avoid redundancy in content, the whole contract style should be accurate, rigorous and normative. Archaism which hardly used in modern life is kind of formal expressions. Many of archaisms are compounds built on the roots of “here, where and there”, which usually compounded with prepositions, such as, after, by, from, in, on, under, with. The archaisms which hardly used in modern life are kind of literary form to express the meaning dignified and stately.e.g. Neither party hereto may assign this contract8-175.此合同中任何一方不可转让该合同。Here, “hereto” is an archaism.e.g. In the evidence of accident whereby loss or change may result in a claim under this Policy, immediate notice applying for survey must be given to our Agent.8-175所保货物，如发生保险单项下负责赔偿的事故，应立即通知本公司代理人查验。The archaism is “whereby” which means “by which, because of which”.e.g. This contract, made as of the day June 16.2005,by and between ABC C.(hereafter called Party A) and XYZ Co. (hereafter called Party B).8-181本合同于2005年月16日有ABC公司（以下简称甲方）与xyz公司（以下简称乙方）签订。Here, “hereafter” is an archaism meaning “in the rest of this document” in legal documents.2.1.2 Abundance of Technical Terms and Abbreviated ExpressionTechnical terms take an important part in business English contract. It is primal task for the business English translators to know some technical terms, which will influence the business English contract translation.e.g. Party B shall train Party As personnel so as to enable them to master Party Bs design, mould design, performance test and technology in machining, erection and inspection of the contract product, so that Party A can use the technical documents and know-how supplied by Party B to produce the same product and mould in Party As factory.4-234译文：须对甲方技术人员进行培训，以方便甲方受训人员掌握合同产品的设计，模型设计，性能测试，加工工艺，装配工艺和质量检验技术，进而使甲方能利用乙方提供的技术资料和专门知识在甲方的工厂内制造出质量相同的产品和模具。In this example, “performance text” should translate into“性能测试”not“绩效测试”.“technology in machining” is supposed to mean “加工工艺”not “机械技术”.“erection” is equal to “安装”not “建筑”.e.g. To promote the business cooperation between both parties, for the convenience of the capital flow of Party B, Party A agrees to offer certain line of credit about the credit sales. Party B provides its written application for the credit sales in accordance with the procedure of Party A and provides concerned material required by Party A.4-235Here, “capital flow” means “资金周转”. “credit sales” means “赊销”. “line of credit” is “信用额度”.In business contracts English, abbreviated expressions which are well-known usually used. For translator, they have to know exactly what does those abbreviated expressions mean even try to remember those abbreviated expressions. There are some examples:AAMA=Administrative Aspects of Market AccessCEM=Contractual Equipment Manu-factureEVA=Economic Value AddedINRs=Initial Negotiation Rights2.1.3Juxtaposition of Synonyms and Specialized Legal Meaning WordsSince business English contract is kind of legal document and has the main characteristics of the legal English, the business English contract should be precise, rigorous and normative. Juxtaposition of synonyms can express the meaning of the content concise and avoid misunderstanding of the contents meaning.e.g. The seller agrees to sell and the Buyers agrees to purchase the under-mentioned commodity according to the terms and conditions stipulated below.8-184买卖双方同意按下列条款买卖以下货物。Here, “terms” and “conditions” are synonyms. To make the content clearly and avoid misunderstanding, the content used this synonym here.e.g. The packing and wrapping expenses shall be brone by the Buyer.8-185包装费由买方负担Here, “packing” and “wrapping” are synonyms with the same meanings.e.g. Claims in respect of matters within the responsibility of the insurance company or of the shipping company will not be considered or entertained by the Sellers.8-184属于保险公司或轮船公司责任范围内的索赔，卖方不予考虑。Here. “Considered” and “entertained” is going to express the same meaning：under consideration.Words which are common in everyday English but which have specialized legal meanings in the business English contract. Such as:“action”=law suit“serve”=deliver legal papers“determine”=end2.1.4Usage of “Shall”“Shall” usually we translate it into “应该”. However, in legal English, especially in business contracts English, it has special law meaning. “Shall” always means the obligations which are forced to execute by law.e.g. The Sellers guarantees that the goods shall be in accordance with the Sellers specifications.8-185卖方保证货物品质规格要符合卖方的规格说明。e.g. The formation of this contract, its validity, interpretation, execution an settlement of the disputes shall be governed by related laws of the Peoples Republic of China.8-185本合同的签订，效力，解释，履行和争议的解决均受中华人民共和国法律否认管辖。3.1 Syntactic Features3.1.1 Logical ExpressionsThe logical expression is prominently featured in business English contracts, especially in the expression about time and number.e.g. The goods shall be shipped per M.V. “Dong Feng” on November 10 and due to arrive at Rotterdam in 140 days.货船须于11月10日装上“东风”号货船，并在140天内抵达鹿特丹港。Here, it must use the preposition “in” to express the meaning about “several days later” rather than the preposition “after”. Because the preposition “after” can not exactly define the day on which day the goods will arrive.e.g. Party A shall be unauthorized to accept any orders or to collate any account on and after September 20.未经许可，在9月20日之后（含20日），甲方无权接受任何订单或募集任何资金。Here, if we ignore the preposition “after”, probably, the day of September 20 would not be included in the contract and such a big mistake would happen.3.1.2Compound SentenceUse 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, we need to classify sentence constituents.e.g. 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.2-196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.e.g. 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.2-196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。3.1.3Statement SentenceA 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.e.g. Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.8-196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。e.g. 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%.8-196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。3.1.4Conditional Clause and Attributive ClauseBusiness 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.e.g.If any of the above-mentioned clauses is inconsistent which the following Additional Clauses, the latter to be taken as authentic.6-131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.e.g. 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 the constitutes an acceptance.6-133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。4. Principles of Business Contract English TranslationAlong with different principles put forward by different scholars, translators usually holds 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, exactness, consistency”.4.1 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.e.g. A partial average loss under 3%of the insured amount will not be recoverable but one amounting to or exceeding 3% will be paid.译文: 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.4.2 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.e.g. Party A shall have a right of first refusal whenever Party B wishes to sell any of its shares in the Group.译文：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)。4.3 ConsistencyConsistency requires translator to adopt the consistent translated names, concepts and business terms that enable the target readers to understand the translation without any difficulty.5. Practical Analysis and Translation of Business Contract English5.1Lexical Level5.1.1Translation of Synonymse.g. This contract is made by and between the Buyers and the Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the under-mentioned commodity in accordance with the terms and conditions stipulated below.Here, “by and between” is synonyms .If we just use “by”, we dont know how many persons included in this contract. However, use “between” alone, we couldnt know we assign this contract.e.g. The Bidder shall bear all costs associated with the preparation and submission of its bid and will in no case be responsible or liable for these lots, regardless of conduct and outcome of the bidding process.Here, “responsible or liable” is synonym. “responsible” has another translation “可靠的，认真的”, etc. “liable” also has different meanings “应受罚的”. But, when these synonyms used together, it means “duty” conducted by law.5.1.2Translation of Detailed TermsIn business English contrac