TheCharacteristicsandTranslationofBusinessCo.docx

1、TheCharacteristicsandTranslationofBusinessCoTheCharacteristicsandTranslationofBusinessCoContentsAcknowledgement.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 integratio

2、n, 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 t

3、o 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 awarene

4、ss 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

5、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 Transl

6、ation 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 bu

7、siness 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 som

8、ething. 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 w

9、hether a contract exists, what the meaning of it is, whether a contract has been broken, and what compensation is due the injured party.”1-124 According to the New Encyclopedia Britannica, a contract shall be an agreement whereby the parities establish, change, or terminate their civil relationship.

10、 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

11、, 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

12、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 minds 2 b

13、etween the parties to the effect that both parties totally agree essentials of the deal.II. Consideration 3 means 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 p

14、arties 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, pri

15、ncipal 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

16、. 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 divergenc

17、e 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, ri

18、gorous 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

19、modern life are kind of literary form to express the meaning dignified and stately.e.g. Neither party hereto may assign this contract 8-175.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

20、 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-

21、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 busi

22、ness 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

23、 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 t

24、ext” 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 cred

25、it 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

26、 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 Equipmen

27、t 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, rig

28、orous 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. 8-18

29、4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 mea

30、nings.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.

31、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 t