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.
ive relationship between the sentences.
3.2.3 Prevalence of Passive Forms
As a matter of fact, passive forms are not encouraged in daily English by various reasons. However, if you read the first sentence of the above example, you will not only find it's a typical long sentence in contract but a sentence full of passive forms including "has been duly made and signed" in line 2, "has been made" in line 3 and "shall be deemed" in line 4. It shows the prevalence of passive forms in English contract. On the contrary, passive forms are not that popular in Chinese contracts, so in the translation all these passive forms disappeared and are replaced by“为保险公司承保人寿保险投保人(其姓名见本单附件),已有建议提出并经签署作为此 类保险之基础;并有中明宣布同意本保险单将从属十保险公司已注册之规则”where no subject can be found and no“被”is used to indicate passive form as well, thus to make the translation readable
3.2.4 Importance of Modality
Modal verbs are fundamental for the interpretation of legal documents since they carry the meanings of permission (may), ordering (shall) and prohibition (must not).
As to the above example, "shall" has been used in line 3, line 5, line 10, line 12, line19 and line 22 for 7 times, but no equivalent translation like“应该”used in Chinese translation. The translator use affirmative tone in translation instead of modality words. On the other hand, "may" appeared 4 times in line 14, line 16,line 18 and line 21. Unlike "shall", most of them have been translated into Chinese but different words including“根据情况”for that in line 14 and“酌情”for that in line 21 are used. As these important modalities play an important role in deciding both party’s liabilities and rights when applicable, they require great attention in the process of contract translation.
3.3 Syntactical Features
One of the problems in translating contract documents is the handling of complicated syntactical structures. The first step in the precise understanding of the original and the faithful representation of its meaning in the Chinese version is to make a thorough syntactical analysis of long and complicated sentences in a contract document.
3.3.1 Structural Characteristics of Predicate Verbs
The structure of predicate verbs in contract documents is relatively simple. Since contract documents are mainly intended to stipulate what ought (not) to be done and what can (not) be done, apart from the use of simple present tense, the most commonly used structures of predicate verbs in contract documents are as follows:
Shall (should)十verb may (might)十verb
In translating these structures, the translators should try to keep the Chinese version in conformity to the English source text with regard to the tone of sentences. For example:
Guarantee shall become effective on the date hereof and shall expire on ____date of the Loan Agreement. Following each repayment of principles under the Loan Agreement, our liability hereunder shall be reduced accordingly. Our liability hereunder shall not be affected by…
Version:本保函自开立之日起生效,至_____日失效。随着贷款协议项下本金的每一期偿还,我行的担保责任亦相应递减。我行在本保函项下的担保责任将不受以下事件的影响……
As mentioned by Skopos, every translation task should be accompanied by a brief that defines the sp
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