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.
third party to be held by the third party for a given amount of time or until the occurrence of a condition, at which time the third party is to hand over the document or property of the promises.
2 A security device: one or both parties to a transaction deposit property or an instrument with a third party until some condition has occurred.
3 An account held in trust or as security. -Also termed escrow account.----Black's Law Dictionary (6th. Ed.&7th Ed.)
As a concept, "escrow" covers only part of the meaning of“提存”according to the said definitions. In order to get the correct translation of it, the verb form of escrow is needed as well. As a verb, escrow means "to put into escrow [sense (2)]". ------A Dictionary of Modern Legal Usage
Using paraphrasing as an
strategy,“提存”should be translated into "Should a promisee refuse to accept the due performance of the promisor, the promisor may escrow the same in order to perform and fulfill his obligations".
4.2 Finding the Functional Equivalence
A minimal, realistic definition of Dr. E. Nada’s famous concept of "Functional Equivalence" is that "The readers of a translated text should be able to comprehend it to the point that they can conceive of how the original readers of the text must have understood and appreciated it" (1991:118) The relatively modern translation theory, to some extent, shares something in common with the principles of faithfulness and expressiveness that will be discussed in the following paragraphs.
Finding the functional equivalence is using a TL expression that is the nearest equivalent concept. To quote an example that is simple but problematic mostly for translators between English and Chinese contract: "Company" and "Corporation" have the same Chinese functional equivalent of “公司”.Moreover, the generally used Chinese functional equivalent of“公司”implies that the entity is“法人”which is the literal translation of "legal personality."
However, according to A Dictionary of Modern Legal Usage, there is substantial difference between "Company" and "Corporation" in terms of legal personality.
At common law, the technical legal term for an entity having a legal personality was corporation. The word company could refer to a partnership or other unincorporated association of persons. In another word, in Chinese law, corporation deserves the Chinese functional equivalent of“公司”whereas company might not.
4.3 Literal Translation
The main goal of legal translation is to reproduce the content of the source text as accurately as possible, both lawyers and linguists agreed that contracts had to be translated literally, meaning to translate lexical word for lexical word, and making adjustments of prepositions, endings, and other grammatical features if necessary. For example, in translating the jurisdiction of the contract drafted within British legal system, "Court of Protection" is translated directly as“保护法庭”while the words change place so as to ensure the correct syntactic arrangement in Chinese. Other examples may include the translation of "Treasury Solicitor" as“财产律师”,"Courts of Chivalry" as“骑士法庭”.
On the other hand, when Chinese is translated into English, it makes a difference whether the target text is directed to Am
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