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.
2004:334)
Since "enforcement" and "sales" have been respectively transformed into Chinese verbs“执行,’and“销售”,transformation from adjectives modifying English nouns to Chinese adverbs is necessary to produce a more concise and smooth rendition.
Some other adjectives are also transformed into Chinese nouns or other elements just for the sake of smoothness of the Chinese translation.
“The supplier shall ensure that it is the lawful owner of the technology to be provided and that the technology provided is complete, accurate, effective and capable of attaining the technical targets specified in the contract.
供方应当保证自己是所提供的技术的合法拥有者,并且保证所提供的技术具有完整性,准确性,有效性,能够达到合同规定的目的。”(黄巍2002:43)
4.5 Vague Words for Vague Words
Vague words and phrases are deliberately and consciously used in legal English to allow certain flexibility in interpretation. Some terms of this kind are: about, adequate cause, apparently, approximately as soon as possible, average, convenient, doubtless, excessive, extreme cruelty, fair division, gross profit, improper, it would seem, luxury, malice, more or less, nominal sum, objectionable, obscene, reasonable care, satisfactory, sufficient, undue interference, unsatisfactory, valuable, worthless (Mellinkoff 1963:21-22)
How to make these vague words accurately translated into Chinese? The best solution seems to be use corresponding vague words. One example is the translation of "substantially certain". Most people translated it into“必然结果”.However, according to Random House Dictionary, the meaning of "substantial" is as follows:
1. of ample or considerable amount, quantity, size, etc;
4. basic or essential, fundamental;
6. of real worth, value, or effect;
8. of or pertaining to the essence of a thing; essential, material, or important.
On the other hand, in legal forum, "substantial" refers to essentially in the main materially, about, actually, competently, and essentially" defined by Black Legal Dictionary. Therefore, instead of“必然结果”,a definite word in Chinese, the best translation for "substantial" as a vague word here should be“基本确定” to specify the slight uncertainty and vagueness.
When we translate, we are translating with four levels more or less consciously in mind: “(i) the SL text level of language; (ii) the referential level; ( iii) the cohesive level, which is more general and grammatical,…and (iv) the level of naturalness, of common language appropriate to the writer or the speaker in a certain situation."(Newmark, 1988:19) In this; chapter, options have been put forward to work as strategies for contract translation to help the translators to realize this goal.
V. Conclusion
The language used in the contract is the legal variety of a language in which the people concerned will want to know exactly what the rights and obligations are, and moreover they will be anxious to see that no other person can alter them. Hence when documents are drawn up, extreme care has to be taken to be precise and unambiguous about the facts and the agreement concerning them. The constant attempt to attain these ends leads to the development of a language of great complexity or with the most redundancy, and to a layman often obscurity. In translation all these char
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