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.
uot;shall" imposes an obligation to do an act
As a sub-set of verbs, modal auxiliary adds modality (such as the concepts of possibility, volition and insistence) to verb phrases. Among the thirteen model auxiliaries in English, "shall" is among the most frequently used ones in legal documents, with the connotation: "to accomplish the purpose of the provision someone must act"(陈忠诚1992:170). Let us look at some examples:
The L/C shall reach the seller 30 days before the shipment.
Unacceptable version:信用证将在装船前30天到达卖方。
Acceptable version:信用证须在装船前30天到达卖方(陈建平2000:27)0
In this example, "shall" denoting an obligation should be translated as“须”rather than“将”. The word "shall" in English contracts helps to convey what is to be the obligatory consequence of a legal decision rather than simply as a marker of future tense, and can thus be paraphrased as "have /has the obligation to".
In legal documents, many verbal groups are of the type: "shall"+verb or "shall"+be+past participle. Typical example would be the following:
Payment shall be effected within seven days after receipt of the shipping documents stipulated under clause 10 of this contract.
卖方应在收到本合同第十条所规定的装船单据后七天内过款
With "shall" translated as应(该/当)However, and必须,the stipulations above are rendered explicitly and imperatively.
Chinese expressions denoting obligations and compulsions and injunctions are not so precise, including应, 得,应(该/当),(必)须,and 有…的义务.
(2) Permission: "may" confers a right, privilege or power
Semantically speaking, "may" expresses the meaning of permission, benefit, right, or privilege and is used to give someone discretionary rights to do an action. Its functional Chinese equivalent is可以.The following example is a good case in point:
The Liquidation Committee may engage the services of accountants and lawyers registered in China for purpose of rendering advice to the Board.
清算委员会可聘请在中国注册的会计师和律师任职并向董事会提出建议(胡庚申2004:85)。
(3) Prohibition: "shall not" imposes an obligation to abstain from doing an act
Prohibition is not to perform a certain act and the frequently used modal verbs in English contracts include "may not", "shall not", "neither (no) ...may”. Within the validity period of the technology transfer agreement, Party B shall provide the joint venture company with the improvement of the technology and the improved information and technological materials in time, and shall not charge separate fees.
In this example, party B is put in a position that requires him to fulfill certain obligations. "Shall not" de
notes compulsion and injunction, with禁止and不得as its Chinese counterparts.
3.1.7 Word types and nominalizations
English words are categorized according to their syntactic functions and are organized into nine distinct classifications, namely: nouns,verbs,Prepositions,Pronouns,adjectives,adverbs,articles,conjunctions and interjections.
Nouns and verbs are most frequently used in English contract followed by prepositions and articles .verbs are also frequently used in English contracts,but their occurrences are second to that of nouns. Due to the authority and sole
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