英语论文An analysis of International Business ContractWord下载.docx

1、 1. Introduction 12. Definition of contract and its general features. 33. Analyzing from the perspective of Theme and Rheme structure 43.1 Theme and Rheme Structure 53.2 The elements can be served as Theme 63.3 Three Different Theme and Rheme Structure 73.4 The manner of the Theme and Rheme Progress

2、 84. The inner structure progress analysis 115. The corresponding translation in International Trade Contract 155.1 The corresponding Theme and Rhem structure in Joint Venture Contract 155.2 The corresponding Theme and Rhem structure in Technology Transfer Contract. 186. Conclusion 19References 211.

3、 Introduction Everyday people exchange promises with each other in various communications. However, if they have failed to keep the promise they may probably face punishment by law. In the field of business, contracts are especially important. Every activity to be done in this field aims to conclude

4、 a contract with other people. In this regard, it can conclude that contracts are the key concern among businessmen. Due to long distance and cultural difference, each party involved in an international business tries to control a business activity by means of a contract. Without contracts it is dif

5、ficult to imagine how business can be conducted.Contract is an extraordinary functional tool among businessmen in the business activities. It has long before become a technique for allocating risk between the parties. By making contracts, parties hope to reduce the uncertainties of life. According t

6、o the contract made by and between two parties, rights and obligations of the parties are determined by the terms listed. Thus a business conduct can be performed in a smooth way and their interests based on the contract are achieved. However, a contract always does not mean the guarantee of success

7、 in a business activity. There are many factors which are worth attention in the course of preparing and implementing a contract. Language, as a necessary means in human communications, is an important element in a contract. A problem with the language of a contract may ruin the prospect of a busine

8、ss. The preciseness of language is an essential requirement for a contract. Zhang Ziming （Zhang Ziming 2004：32）claims that any contractual disputes arise out of disagreements over the proper interpretation of a particular phrase in a contract and most of them hinge upon the precise wording and conte

9、nt of the contract. However, the language of contracts is not easy to understand. Wu Weiping （Wu Weiping, 2002） points out most people know it difficult reading legal documents （in a narrow sense）. In fact non-legal documents like contracts, trade brands are also difficult to handle. Due to the impo

10、rtance of contracts and difficulty of contractual language, more and more people have been turning their attention to those contracts study. The present contractual English as a technical language with obvious characteristics, maintains indispensable linguistic devices such tediously long and compli

11、cated sentences, which range in precision, clarity and unambiguity and all-inclusiveness to contracts. 2. Definition of contract and its general features.There are tremendous definitions of a contract. Different country or culture or law may have different definitions. A definition by a British cont

12、ract law is that “A contract is an agreement intended to be legally binding and supported by consideration” （consideration, in another name is a promise）. The United States defines a contract as “a promise or set of promises for the breach of which the law gives a remedy, or the performance of which

13、 the law in some way recognizes as a “duty” （Gu Baizhong 2003:1）. In China, Article 2 in Contract Law of the Peoples Republic of China （1999） gives its own definition of a contract: “A contract in this law refers to an agreement establishing, modifying and terminating the civil rights and obligation

14、s between subjects of equal footing, that is, between natural persons, legal persons or other organizations.” There are other general definitions forwarded by experts and scholars. A contract is a legally enforceable agreement between two or more parties （Zhang Ziming 2004:1）. A more specific defini

15、tion is that a contract is a promise or a set of promises made by two or more parties who agree to perform, or refrain from performing, some act now or in the future, which can be enforced in a court of law or equity （Yuan Chanyou 2001: 19）. From the definitions above, it can see that the parties an

16、d “oblige”（ in technical terms）, promise（s） and law are key elements to a contract. Obligations and rights are the content of a contract. They are derived from a promise or a set of promises which is a declaration that something will or will not happen in the future. When one party promises to do or not to do something for the other party, he or she has