谭红英-108209010122-龙腾-商务英语合同的问题特点.doc

密级： 学号：108209010122 本科生毕业论文（设计） 浅谈商务英语合同文体的特点Brief analysis on the Stylistic Characteristics ofBusiness English contract系 别： 外国语言文学系 专 业： 英 语 班 级： 08英本（ 2）班 学生姓名： 龙 腾 指导老师： 谭 红 英 完成日期： 2012 年 5月 1日 学士学位论文原创性申明本人郑重申明：所呈交的设计（论文）是本人在指导老师的指导下独立进行研究，所取得的研究成果。除了文中特别加以标注引用的内容外，本论文（设计）不包含任何其他个人或集体已经发表或撰写的成果作品。对本文的研究作出重要贡献的个人和集体，均已在文中以明确方式表明。本人完全意识到本申明的法律后果由本人承担。学位论文作者签名（手写）： 签字日期： 年 月 日 学位论文版权使用授权书本学位论文作者完全了解学校有关保留、使用学位论文的规定，同意学校保留并向国家有关部门或机构送交论文的复印件和电子版，允许论文被查阅和借阅。本人授权江西蓝天学院可以将本论文的全部或部分内容编入有关数据库进行检索，可以采用影印、缩印或扫描等复制手段保存和汇编本学位论文。本学位论文属于保 密 ， 在 年解密后适用本授权书。不保密 。（请在以上相应方框内打“” ）学位论文作者签名（手写）： 指导老师签名（手写）： 签字日期： 年 月 日 签字日期： 年 月1江西科技学院本科生毕业论文摘要随着中国改革开放的不断深入和外资的大规模进入，英文合同在中国的应用越来越普遍。律师、企业法律顾问等法律从业人员不仅要能能读懂英文合同，在很多情况下还要能够用英文起草合同。合同是严谨的法律文件，对文字的要求非常高、稍有疏忽，便会出现差之毫厘谬以千里的情况。进入二十一世纪以来，中国对外经贸、技术交流活动活跃，作为这些活动中不可忽视的环节，经贸协议，商务英语合同在其中起着至关重要的作用。在翻译过程中，大多数从事外贸公司的学生发现合同翻译是一个难点，因为合同英语不同于日常英语，英语合同有几个特点：专业性极强，句子冗长而复杂，古英语，外来语等特色语言。所以研究合同文体特征对于我们的学习，对于即将从事外贸翻译的学生有着重要的参考意义。关键字: 商务英语；合同；文体特征AbstractEnglish contract becomes more and more universal in China, as the continuous development of the reform and opening to the outside world of China and the foreign-fund have been invested into China extensively. Lawyer, business man can not only understand English contracts, but also draft contracts. Contract is a rigorous legal document which requires very high demand for the writing. If there is a careless point , which would result in a situation that a miss is as good as a mile. Economic and trade-agreement and business English contract play an important role in Chinese foreign-trade and technical exchange which are essential activities became unprecedented since 21st century. Most of students who worked for foreign trade corporations find that it is very difficult to translate English contract. Because it is different from life English. English contract owns several characteristics namely technical, long sentence, archaic, loan word and so on. So it has important reference value to research the stylistic characteristic of English for business contract for our study and the students who will work as a foreign trade-translator.Key words：English for business; contract; the stylistic characteristicContents摘要. iAbstract.iiIntroduction.1Chapter 1 vocabulary Characteristics.11.1 Archaic words .21.2 written word and legal description.21.3 Commonly used phrases.21.4 Technical and legal terms.31.5 special phrases for time and date.31.6 some words noticed.4Chapter 2 syntax characteristics.42.1 The usage of Noun clause .42.2 The adverbial clause of reason.42.3 The adverbial clause of place.52.4 The passive sentence.6Chapter 3 The structures of discourse.73.1 The head of contract.73.2 The body of contract.73.3 The tail of contract.9Conclusion.13References.14Acknowledgement.14 Introduction With the rapid development of Chinese foreign trade, the application of Business English contract becomes more and more important in foreign trade activities. The aim of signing a contract is to confirm the performance ,“the duties and rights of both parties.” The business English contract is a document with legal position, which is signed in business activities. Therefore, Business English contract is the language that was developed and used in business activities. Our country achieved more on foreign trade since it has became a member of WTO in 2001. But we always find that more and more issues appear frequently in foreign-trade .Most of the issues result from English contract. As both parties didnt describe clearly the words, phrases, texts and duties .one of the parties try to escape the duties with the default of contract. Therefore, the translation of English contract has become more and more important in foreign trade. It is of significance to know the accuracy of translation for Business English contract. Most of translators find that it is quite difficult to finish them during the progress of translation. The characteristics of Business English contract are technical, long sentence, technical terms, archaic words, loanwords and so on. How to avoid these mistakes and what ways should we take to overcome the difficulties is a critical factor to understand the English contract in foreign trade. Ignoring the importance of contract would result in serious consequences. To resolve above issues we must know the stylistic characteristics of English for business contract.iii江西科技学院本科生毕业论文Chapter 1 vocabulary Characteristics1.1 Archaic wordsArchaic word is typical words in English contract which origins from France and Greece during the period of Old English or Middle English. It could make language more serious, accurate and concise while using right Archaic in English contract. For example, Attachments hereof shall be made an integral part of this contract. The archaic words of hereof “means of this contract”. Compared with others words, hereof, therefore, seem serious, concise and authoritative which is the big characteristic of Business English contract.Now we dont use these archaic words in our lives especially written and oral English. But it is used in legal document. There are three kinds of archaic words which added other prepositions after “here” , “There” and “where” combine with other prepositions. Adding by before here means “ this” . The Archaic words which added suffix after “here” or combine with other prepositions. These are some usually archaic words in English contract. Hereafter、 here in-after、 hereof、 hereto、 hereunder and so on. Hereby could means “ by reason of this ”. these words above always put in the beginning of sentence to emphasize the point. Hereby means “ by reason of this ”. e.g. We here certify to the best of our know ledge forgoing statement is true and correct and all available information and data have been supplied here in, and that we agree to provide documentary proof upon your request.7put “hereby” into the beginning of the sentence emphasize that sincerity of signing a contract. “Hereof” means “of this” usually emphasize represent terms of contract and resolution. e.g. Foreign trade dealers as mentioned in this Law shall in accordance with the provisions hereof cover such legal entities and other organization as are engaged in foreign trade dealings7 “hereof ” means the provision of this law, to emphasize the terms of the law and show the characteristic of the legal document. 1.2 written word and legal descriptionEnglish for business contract is legal document which requires accurate and serious logicality. Many written words of English contract origin from Franc, Latin and Greece. Because of its accuracy, written word usually is used in formal document. However, legal description is immovable and not changeable, therefore, written word and legal document make contract more accurate so that to avoid ambiguous. E.g. The employer hereby covenants to pay the contractor in consideration of the execution and completion of words and remedying of defects therein the Contract Price.7.Covenant is word which be used in legal description, compared with other synonyms, such as, promising and guarantee, it is more formal.1.3 Commonly used phrases When we search for the books of English contract, we largely find out commonly used phrases. E.g. in accordance, the light of ,in proportion, subject to4, in the case, suchas, as follows, prior to, including but not limited to, provided that, in question, in case and so on. As commonly used phrases in contract could make understanding easily while reading English contract. Then we must read more books related to contract.1.4 Technical and legal terms Technical terms own the characteristics of universal using, accurate meaning, without ambiguity and personal feelings. In order to describe accurately every step of transaction and relative receipts in business activities, many technical terms are used in English for business contract. E.g. The Licensor shall disclose and deliver to the Licensee the Licensors know-how as promptly as practicable after the effective date of this Agreement.8 The meaning of “know-how” is extremely accurate and describe rightly, mainly focus on the producing , application and sales of product and the technical data, designing, the standard of technology, processes of producing under patent. Meanwhile, for the purpose of description rightly rights and obligation of both parties in business activities, besides many special terms, a lot of legal terms also are used in English for business contract. The narrow sense of legal terms which only or in most of cases are used in special terms of legal document. This sense above is seldom in English contract. E.g. imputed negligence means one partys defect of contract, the narrow sense of legal terms of English for business contract couldnt be understood or accepted by most people, which guarantee the accuracy of English contract. However, that will be significant if we know the general comprehension of legal terms. Such as “action, party, decision, final” and so on. E.g. In case of losses caused by a breach of contract, the financial responsibility shall be borne by the party who has breached the contract.81.5 special phrases for time and date There are a great deal of ways to describe the time and date of English contract. Such as the starting time and expiry date of contract. We should follow some principles below while using them. 1. we should use “on ”when describing definite dates. E.g. A should deliver the goods to B on July 30. 1998. 9 2. The description of expiry date, the general description is “by” or “before”. E.g. A shall deliver the goods to B by July 30,1998(or before July 31, 1998)9. The expiry of date means the date before while using before”, so the date should be written in July 31. but the expiry of date including the description date while using “by”. The description of continuous time we can use “till and including”. E.g. A may have option right to buy the goods till and including July 30,1988. Meanwhile , we just only use “till ”would be problem whether including the date of July 30. As a result, for a convenience , we should use the word- “including” while describing the date of “July 30”, if not describing “July 30 ”, then put“not including ”into it is more better. 3. The description of starting time of date , using “from”, “commencing with”, “after”. E.g. A shall deliver the goods to B within thirty days from July 29, 1988. 9. Now we should notice how to use “from”, the date of July 29 not including 29 but 30, the stipulation in other countries may be different, such as Japan and England. E.g. A shall deliver the goods to B within thirty days commenting with July 30, 1988. 9. Now the sentence above including the date of July 30. A shall deliver the goods to B at any time after July 29,1998 upon the request to B. When using “after”, we must pay attention to the starting time of the sentence of “the day after July 29”. 4. these words below for description starting and end of date. From January 1 to 6, both days included or in the period commencing with January 1 and ending with February 6. 9 1.6 Some words be noticed The most frequently used word is shall in English contract, other auxiliaries such as will” and “may” also would be found in it, which differ from other daily English. We should notice their legal meaning while using these words above.SHALL The general meaning of shall in English contract of debt indicates that both parties of contract have the awareness of performing the legal obligation even with enforcement. Therefore, we seldom use the word-“shall” that always means “future ”in English contract. The most common words of “shall” we use among some auxiliaries which describe the meaning of obligation in daily life, the “must” of auxiliaries wasnt be used under stipulation of these terms of contracts and legal documents, but we also find some exception to routine, so we usually use “shall” chronically in English contract. These principles about “shall” above. However, there are lots of mistakes while using it in reality, so we should avoid such mistakes in English contract. E.g. the term “person” shall mean(false), The term “person” means(right); The Licensor shall receive the down-payment of $ 100,000.(false), The Licensor has the right to receive the down-payment of $ 100,000.(right)WILL“Will ”also describes legal obligation of contract and mostly be used in the situation that neednt the legal enforcement. The words which describe strongly legal obligation is “must” and the relative word is “shall”. The word of “must” is the equivalence of “shall”, the word of the “shall” is the equal of “shall”.MAY “May” is usually used to describe the right, power, privilege of contract when using it. While describing the right of contract，which has legal enforcement we use “may”, if not, we use “is entitled” instead.Chapter 2 Syntax characteristics2.1 The usage of Noun clauseNoun clauses, just as the name implies, play an important role in noun in composite sentence. Noun clauses act as subject, object, predicative and the preposition of object in composite sentence. Now I give some examples and analysis the subject, object, predicative and preposition of object in composite sentence accordingly below.2.11 Function of subject It is a condition of the said shareholders agreement that the Guarantors execute and deliver this Guarantee in favor of the company simultaneously upon the signing of the said shareholders agreement by the parties hereto.10 The subordinate clause of sentence is “that the Guarantors execute and deliver this Guarantee in favor of the Company simultaneously upon the signing of the said shareholders agreement by the parties hereto”, actually it is the subject of the sentence ,because the sentence is too long , so we use form subjectit and put real subject at the end of sentence so that can balance the structure of sentence and avoid top-heavy.2.12 Act as object In the case of carriage by sea or by more than one mode of transport including carriage by sea, banks will refuse a transport document stating that the goods are or will be loaded on deck, unless specially authorized in the credit.10 the “state” of the sentence as present participle means “formal clarifying”. “that the goods will be loaded on deck” act as object of stating, therefore, acting as object of verb of Noun clause. There are different subordinate clauses in the composite sentence. This sentence “in the case of carriage by sea or by more than one mode of transport including carriage by sea”, and “in the case of ” guide adverbial clause of condition. “A transport document stating that the goods are or will be loaded on deck” acting as object of refuge.2.13 Act as predicative One of the main reasons for such termination is that the Tenants employee occupying the said premises is required by the Tenant to move another city or country to fill in anther post or such employee shall leave the employment of the Tenant.10 The predicative clause is a sentence which acts as predicative and describes what is subject. Some copulas such as be, look, seem, sound and appear could be at the beginning of the predicative clause .the predicative clause always be used as describing a situation in English contract while we translate it into Chinese, we should translate main sentence firstly.2.14 Act as object This Technical Agreement involves delivery by Party A to B of a set of secret technical documents of how the Product concerned thereof are conceived, designed, manufactured in as delicate as possible for Party Bs personal to be aware of and then to command.10 the preposition of “of” which guiding subordinate clause “how the Product concerned thereof are conceived, designed, manufactured in as delicate as possible for Party Bs personnel to be aware of and then to command” is prepositional object clause, therefore, considering the sentence is too long, we can divide into two parties while translating.2.2 The adverbial clause of reason Any and all payments under this Guarantee shall be made free and clear of any restriction, counterclaim, set-off, deduction or withholding(except to the extent required by law) seeing that the payments may be contingently deduced due to any tax or expense charged, imposed, levied, collected, withheld or assessed by any person.10 this sentence above, “seeing that the payments may be contingently deduced due to any tax or expense charged, imposed, levied, collected, withheld or assessed by any person” is a adverbial clause of reason. “seeing that” used to be a conjunction meaning “owe to”. Describing the structure of “reason” not only include “as, for, since, because” which guide subordinate clause, but als