合同的特点及翻译 [10]
论文作者:www.51lunwen.org论文属性:本科毕业论文 Thesis登出时间:2014-05-26编辑:lzm点击率:17195
论文字数:8004论文编号:org201405251450112511语种:英语 English地区:中国价格:免费论文
关键词:合同的特点合同的翻译Translation of the ContractFeatures of the ContractEnglish contracts
摘要:Contract is a legal binding agreement whose abeyance and breach of contracts concern the legal responsibility of the two parties. Thus the translators are expected to produce parallel text identical with the source text in meaning and more importantly in legal effects.
ing the Buyers’ written notification.
2. 如果在装货港口工作正常的情况下,由于买方原因不能派船于备齐之日起30天内到货港装货,港务当局出具的仓单可以代替3.2.3和3.2.4条款下提单进行付款。
Provided that the shipping port is under normal working condition, in case the Buyer's vessel fails to arrive at the shipping port within 30 days after the date of readiness due to the Buyers’ reason, the warehouse receipt issued by the port authorities shall substitute the bill of lading for effecting payments as stated in sub clauses 3.2.3 and 3.2.4.
According to Skopos theory, translator's choice of translation strategies is always guided by the purposes of the translation. Purposeful adaptation means adaptations or adjustments made to the source text or the purposeful selections of translation techniques in order to conform to the linguistic nouns in the target text so that the translated contract document can be well accepted by the target readers and therefore performs its functions successfully.
In the Chinese texts above, we can see many“如果”.To conform to the linguistic features of English contract document, the translator employs adaptations to the source texts. So provided that, in case, in event, etc, are adopted to make the target texts have more linguistics characteristics of contract documents. In contract documents, there is a rich use of conditional clauses to set restriction on certain matters. In the contract documents, different ways of expressing conditions are often used to avoid redundancy. The following are some common conditional expressions in contract documents:
In case of(假如) , only if(只当), provided that(若是),Unless(除非), if(如果), in view(鉴于), on condition that(在……前提下)
IV. Methods of Contract Translation
The most daunting aspect of contract translation common to almost every language is the culture-specific quality of the texts. As Martin Weston suggests, " the basic translation difficulty of overcoming conceptual differences between languages becomes particularly acute due to cultural and conceptual differences between languages becomes particularly more specifically institutional reasons" also suggests that "a word denoting an object, an institution, or if such exists, a psychological characteristic peculiar to the source language culture is always more or less untranslatable" (quoted in Weston 1987:207). The equivalence of an institution, a division, a concept, or a term may not be found in the target language一in our case, in Chinese. There are no words in Chinese to express some of the most elementary notions of British law. The words "common law" and "equity" are only two of the examples. There is no system of "common law" and "equity" in the Chinese legal system. A Chinese legal translator may overcome the difficulties of translating English contract into Chinese and vice-versa by using the following methods:
4.1 Paraphrasing
This method is explaining the SL concept if it is unfamiliar to the target reader when there is no equivalent institution or concept in the target culture. For example, the translation of“提存”is problematic, since used there is no such term in the English legal system widely. As we know, in the British legal system, "escrow" is in contract performance and has at least three meanings:
1 A legal document or property delivered by a promisor to a
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