英语商务合同的文体特征和翻译技巧
英语商务合同的文体特征和翻译技巧
成人高等学历教育
毕业论文英语商务合同的文体特征和翻译技巧
办学单位: 外国语学院
班级: 08级外贸英语(专升本)
学生: 李东磊(501026)
指导教师:蔡苏露提交日期: 2010 年11 月4 日封面推荐用230克浅兰色皮纹纸
Business English Contracts Literary Style features and Translation Technique
By Li Dong Lei
Supervisor: Prof. Cai su lu
NOV 04, 2010
School of Foreign Languages, SCUT
Abstract
Business English Contracts Literary Style features and Translation Technique
With the rapid development of international economy and trade,business English contracts have been widely used in international business activities. However, many business economic disputes are caused by the failure in translation of them, so how to translate the business English contract appears more and more significant now Up to now, lots of translators have been dedicated to studying the translation skills of
business English contract, but most of them only place emphasis on the literary level of the contract, but ignore its specialty that business English contract, as a legal document, has strict rules and conventional usages of its own, which is different from the average applied texts. So this paper, based on both the linguistic and legal characteristics of business English contract, analyzes its own language features and translation strategies Firstly, the paper analyzes its style characteristics on words, sentence and text levels. Then, the paper summarizes the translation strategies of business English contract and gives advice on its translation methods. Through the above research, the paper hopes to improve translators’ capability of comprehension and translation of business English contract.
Key Words: business English contract; style feature; translation technique
摘要
英语商务合同的文体特征和翻译技巧
随着中国对外经济贸易的飞速发展,商务英语合同在国际商务活动中使用得越来越广泛。其中不少商务经济纠纷在很大程度上是由于合同翻译失误所引起的,因此,商务英语合同的翻译问题也显得越来越重要。
到目前为止,已有许多翻译工作者致力于商务英语合同的翻译技巧研究。然而大部分的研究都强调从文本的文学方面对商务英语合同的翻译进行研究,而忽略了商务英语合同本身作为一种法律文本,有其严格的规则和惯例,有其独特的特点,因而不同于一般的应用文文体翻译。因此,本文从商务英语合同的文体和法律特征两个方面来分析其自身的特点以及其翻译技巧。
本文首先从商务英语合同的词汇、句子和语篇三个方面分析其用语特征。
在此基础之上,第三部分总结归纳出合同翻译的策略,并提出商务英语合同的翻译建议。希望通过本文的分析能够提高翻译工作者对商务英语合同的认知理解和翻译能力。
关键词:商务英语合同,文体特征,翻译技巧
Contents
Abstract English
Abstract Chinese
1Introduction
2 Literary Style features of Business English Contracts2.1 Lexical Features
2.1.1 Formal Words
2.1.2 Terminologies
2.1.3 Archaic Words
2.1.4 Borrowed Words
2.2 Syntactic Features
2.2.1 Statement Sentence
2.2.2 Passive Voice and Active Voice Sentences
2.2.3 Long and Complex Sentence
2.3 Textual Features
2.3.1 Application of the Legal Format
2.3.2 Parallel Construction
3 Translation theory of business contract English
3.1 Translation principles
3.2 Requirements of translators
4 Translation Strategies of Business English Contracts
4.1 Word and its Translation
4.2 Sentence and its Translation 4.3 Text and its Translation
5.Conclusion
References
1 Introduction
With China’s entry into WTO and the further deepening and widening of its opening up to the outside world, business cooperation between China and other countries has become more frequently and more contracts are signed in business circles. Most of these contracts are written in English, which has been accepted as an international business language. All this means that the translation of business English contracts is now playing a more important role in the business community both in China and abroad Business English contracts are legal documents which define the obligations and rights of both parties and bind on their economic activities. A good English business contract can improve the quality of business contacts and it is crucial to the success of international business activities. To produce effective business contracts, a deep understanding of the style features of English business contracts, such as the characteristics of English business wording, the phraseology of business contracts and the pragmatics and so on, is needed. The significance of the paper is to promoting the development of international business activity.
There are a lot of researchers both at home and abroad study on this field. Business contracts on the foreign field: 《International Contracts》by Shippey. K; 《English for Contract and Company Law》by
Chartrand and Marc ella, etc. Among the domestic scholars, “the Lexical Features and Translation of Business English Contract” by Chen Jianping, it discusses and summarizes some basic principles and techniques of business contract English translation. Chen Xinsheng from the point of stylistic of the business contracts analyzes the stylistic features and its translation. Lan Tian’s 《International Business Contracts Course》, summarizes the techniques of the writing of business contract, the technical terms of the business contract, the lexical features, the unique structure, and so on This paper mainly talks about the literary style features of business English contract and its translation. The research method of this thesis has adopted mainly includes: concept analysis method, evidence analysis method, comparison analysis method, and so on.
2Literary Style features of Business English Contracts
The style features of business English contracts on lexical, syntactic and textual regulation will be specified in this part 2.1 Lexical Features
Word is the basis of any kind of texts. Therefore, lexical features of business English contracts specialize in the usage of words. It is known to us that business contract is categorized as both legal documents and business writing and business English contracts share the diction with the language of law and business. Lexical features mainly encompass the following points: formal words, terminologies, archaic words, as well as borrowed words.
2.1.1 Formal Words
Different trade parties are from different countries and regions; therefore, owing to the discrepancy of their languages and cultures, it is very easy to have misunderstanding between them. So, business English contract adopts a set of formal expressions to do its utmost to avoid misunderstanding. It can be clearly proved by comparing Column A with Column B in the following table.
Part A Part B
grant give
levy charge
tariff tax
effect make
initiate begin
inform tell
acquaint be familiar with
purchase buy
constitute include
terminate end
within the first ten days of June in early June
in lieu of in place of
Obviously, the words listed in Column A which are often employed in business English contracts are more formal than those in Column B. Thus the usage of formal words further enhances the rigorous of contracts and
minimizes the possibility of misinterpretation.
2.1.2 Terminologies
The vocabulary used in business English contracts consists of common words, semi-terminology, and terminology. The common words are used in a general way. The semi-terminologies derive from common words, and they have special meanings in the contracts, and they accounts for the most part in business English contracts. The range of terminology involved in the business English contracts mainly include: commerce, trade, finance, law, consignment, processing and assembling, joint venture, technology development, cooperation and transfer, construction, and so on. Take the legal terms for example. Terminology always consists of the unique legal terms to express the concept of common core in law, such as tort 侵权 and subrogation(代位权). However, the main problem in translation of foreign trade contracts is caused by failure to indentify the semi-terminology. It may result in false or distorted translation. For example:
We consider it difficult to file a claim against the manufacturers.
我们认为厂家提出索赔有些困难。
If a country is exporting more than it imports, it is receiving foreign currency and has a balance of trade surplus.
如果一个国家的出口大于进口,便是贸易顺差。
The contract is concluded in case of acceptance of the offer.
要约一旦承诺,合同即行成立。
In these sentences, claim, balance, acceptance, offer, as terms in business English, is used in its special not normal meaning. More
examples are as follows:
Words General meaning Usage in Contract
accept 接受承兑
credit 信誉贷款
collection 收集托收
honor 荣誉承兑
draft 草稿汇票
interest 兴趣利息
factor 因素代理人
policy 政策保险单
agreement 同意协议
promotion 提升促销
offer 提供报盘
average 平均海损
2.1.3 Archaic Words
Archaic words refer to the words that are seldom used in modern times but are frequently used in ancient times and middle age. According to what English linguist Geoffrey Leech 2008 points out in Taxonomy of English Words, archaic English belongs to words with formal stylistic meaning, which completely meets the requirements of precision and concision of business English contracts. There are a lot of archaic words used in the business English contracts, which often appear in the form of compound adverbs, i.e., words formed by adverbs “ here, there, where” combining with some particles “after, at, by, from, in, of, to, under,
upon, with, as, etc”, such as “ herein”, “hereof”, “ hereinafter”, “ herewith”, “thereafter”, “ therein”, “thereof”, “thereto”, “whereby”,“whereof”, “wherefore”. There are more examples as follows:
Example 1:
Matters not covered herein shall be settled in accordance with the provisions of the Letters exchanged on July 15th, 2003 as herein above referred to.
Example 2:
Whereas, this objective can be best achieved by the formation of a Joint Venture Company for the purpose of manufacturing, developing, selling, installing and maintaining elevators, escalators and parts and components thereof. Now therefore, in accordance with the principle of equality and mutual benefit, the three parties enter into the following Agreement。
Example 3:
This contract is made and entered into Beijing on 8th December, 2005 by and between the Seller hereinafter referred to as the “Party A” and the Buyer hereinafter referred to as the “Party B”.
2.1.4 Borrowed Words
The usage of borrowed words, also called “loan words” or “foreign word”, is another distinctive feature in lexical level. As their name implies, they refer to the words borrowed or introduced from other languages. They mainly stem from Latin, Greek, and French. Borrowed word makes contracts seem more serious and formal, such as the following
words from Latin “ as per”, “ re”, “ex”, “tale quale”;Words from French “force majeure”, “action”, “petty”, “remise”, “save”. Look at the following examples.
Example 1:
Should either of the parties to the contract be prevented from executing the contract by force majeure, such as earthquake, fire and war and other unforeseen events, the prevented shall notify the other party by cable without any delay.
由于地震、火灾、战争及其它不可预见的不可抗力,致使影响合同的履行时, 遇到不可抗力的一方,应立即电报通知对方。
Example 2:
The People’s Insurance Company of China undertakes to insure the under-mentioned goods in transportation subject to the conditions of this policy as per the clauses printed overleaf and other special clauses attached hereon.
中国人民保险公司按照本保险单承保险别和背面所载条款承保下述货物运输保险。
2.2 Syntactic Features
Business English contracts are characterized by the use of statement sentences, passive and active sentences, long and complex sentences.
2.2.1 Statement Sentence
According to the aim of using sentences, English sentences can be classified as statement, question, command and exclamation. The functions of them are different. Statement sentence is used in stating, explaining,
stipulating, as well as judging. It can make sentence seem objective, equal to both parties and natural. For example:
Example 1:
The Buyer shall make a claim against the Seller including replacement of the goods by the further inspection certificate and all the expenses incurred therefore shall be borne by the Seller.
买方须凭复检证明书向卖方提出索赔,由此引起的全部费用应由卖方承担。
Example 2:
The risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the contract. However, if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage 对于在运输途中销售的货物,从订立合同时起,风险就移转到买方承担。但是,如果情况表明有此需要,从货物交付给签发载有运输合同单据的承运人时起,风险就由买方承担。
2.2.2 Passive Voice and Active Voice Sentences
The passive voice is widely employed in scientific and technical writing, newspaper writing, governmental or business writing. It is because passive voice can emphasize the action bearer, or have a better and more objective description about a relevant event or stipulation. In contract, the articles of packing, shipment, insurance, payment, and claim, etc. often use passive voice sentence. It can clearly express the rights and obligations of both parties, which can contribute to attain the goal of the contract. For example:
Example 1:
Payment: To be settled by irrevocable and documentary L/C.
支付:以不可撤销跟单信用证付款
Example 2:
If the payment is to be made against the handing over of the goods or of documents, the place of fulfilling the contract is the place where the handing over takes place.
如凭移交货物或单据支付价款,则移交货物或单据的地点为合同履行的地点。
Sometimes, it is inconvenient to mention the subjects of the sentences. For example:
Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission’s arbitration rule s in effect at the time of applying for arbitration, the applicable law should be the laws of P.R.C.
凡因本合同引起的或与本合同有关的任何争议,均应提交中国国际经济贸易仲裁委员会,按照申请仲裁时该会现行有效的仲裁规则依据中华人民共和国法律进行仲裁。
Generally, the dispute happens between the two parties of the contracts, but in view of politeness, and establishing good relationship, it is advisable to deal with dispute as a subject rather than parties. Look at the following example.
Upon termination or dissolution of the Partnership,the partnership will be promptly liquidated, with all debts being paid first,
prior to any distribution of the remaining funds.
合伙企业一经终止或解散,合伙企业立即清算,在分割剩余财产前,首先偿还所有债务。
2.2.3 Long and Complex Sentence
The chief characteristic of sentence structure in contract documents is their lengthiness and complicatedness. It is because long sentence can precisely stipulate both parties’ rights and obligations, and reduce ambiguous expressions. These long sentences include many sub-clauses, attributes, adverbial adjuncts and so on. For example: Example 1:
The contract will be awarded to the lowest responsive bidder complying with the conditions and specifications of the invitation for bids provided his bid is reasonable and it is to the interest of the UNFPA to accept it.
采购合同将被授予按照本投标邀请函的条件和规定做出响应且标价最低的投标人。但是规定,该投标人的标价是合理的,且符合联合国人口基金会的利益。
Example 2:
Should one of the parties to the contract be prevented from executing contract by force majeure, such as earthquake, typhoon, flood, fire, and war and other unforeseen events, and their happening and consequences are unpreventable and unavoidable, the prevented party shall notify the other party by cable or fax without any delay, and within fifteen days thereafter provide the detailed information of the events and a valid document for evidence issued by the relevant public notary
organization for explaining the reason of its inability to execute or delay the execution of all or part of the contract 由于地震、台风、水灾、火灾、战争以及其他不能预见并且对其发生和后果不能防止或避免的不可抗力事件,影响任何一方履行合同时,遇有不可抗力的一方,应立即用电报、传真通知对方,并应在15天内提供不可抗力详情及合同不能履行或者部分不能履行,或者需要延期履行的理由的有效证明文件,此项证明文件应由不可抗力发生地区的公证机构做出。
Such long sentences are to be seen easily in contracts, and although long sentences make it difficult to understand and translate, they clearly convey both parties’ rights and obligations. I n that way, contract appears more precise, accurate and logical.
2.3 Textual Features
As we know, business English contract is defined as one of the legal documents. It has the formative structure, and as it has been introduced in the Part One, it consists of 3 parts, namely, the head, the body, and the tail. There are two formative structure features of the text. The first one is the application of the legal format. And the second one is the parallel construction.
2.3.1 Application of the Legal Format
The business contract is a legal document that ensures the rights and obligations of both parties, so it complies with the legal logic, which is “assumption-handle-sanction”. The legal language requires completeness and standard, therefore, it often includes the three logical parts into one sentence. Correspondingly, the complex sentences which contain the conditional sentences often appear in the text. Thus “if X,
then Y shall do Z” is the format of the legal English. For example, Example 1:
If Buyer fails to comply with the conditions of this article, Seller may, in addition to any other remedies, suspend all performance until Buyer has so complied.
若买方未能遵循该条款,卖方除采取其他补救措施以外,可中止履行该合同直至买方继续履行该条款。
Example 2:
If the test can not be completed successfully under the Article 9.4, Buyer has right to rescind the contract and lodge a claim.
如在9.4约定的情况下仍未试车成功时,买方有权解除合同并要求赔偿损失。
2.3.2 Parallel Construction
Parallel construction can make the text smooth and rhythmic. The use of parallel construction in words can be proved from the synonyms mentioned above. From the grammatical level, it can be found in the same construction of the sentences, such as the following examples extracted from the business English contract.
Should the Seller fail to deliver the contracted goods or effect the shipment in time by reason of war, flood, fire, storm, heavy snow or any other causes beyond their control, the time of shipment might be duly extended , or alternatively a part or whole of the contract might be cancelled without any liability attached to the Seller but the seller have to furnish the buyers with a certificate