In English contract translation, the premise is to understand the definition of contract, including the basic elements of contract.
First, the definition of British contract.
1. In English, contracts are generally called contracts or agreements.
1999 Article 2 of China's Contract Law defines a contract as follows: A contract as mentioned in this Law refers to the establishment of an agreement.
Modify and terminate the civil rights and obligations between equal subjects, namely
A natural person, legal person or other organization. According to this definition, a contract is established between equal parties to determine civil rights and obligations.
Agreement.
The Law Dictionary, edited by Steven H. Givers, defines a contract as "a contract is a promise or a set of promises to …".
A violation that is remedied by law, or a performance obligation recognized by law in some way. "Root.
According to this definition, a contract is a promise, and legal aid can be obtained if a promise is violated. In a sense, the law regards the performance of promise as a kind of compensation.
2. The establishment of a contract must have several main factors.
They consist of four parts: agreement, consideration, desire to establish legal relationship and contracting ability.
The Legal Terms edited by L.B. Kousong mentioned that "contracts generally involve".
1. Offer and absolute and unconditional acceptance (offer and absolute acceptance)
2. Consensus (meaning agreement, also known as consensus)
3. Intention to establish legal relationship (willingness to establish contractual relationship)
4. Authenticity of consent
5. The contractual capacity of both parties.
6. The legitimacy of the object (the legitimacy of the subject)
7. Possibility of performance (possibility of performance)
8. certainty of terms (certainty of terms)
9. Valuable remuneration (equivalent compensation)
Second, the structural characteristics of English contracts.
Contract legal documents are used to stipulate the rights and obligations of the parties and are the basis for preventing and resolving disputes. Contract English is meticulous and accurate, with a long history and profound legal texts.
Cultural background.
Generally, the name, name, domicile or business place of the parties are listed at the beginning of a Chinese contract, followed by the text of the contract, and finally the seal of the parties, the signature and position of the authorized representative.
Service and signing date. English contracts generally begin with the following sentences:
This agreement/contract is signed by the following parties on.
Party A (hereinafter referred to as "Party A") and Party B (hereinafter referred to as "Party B")
Then began to state:
However ... therefore.
... hereby reach the following agreement:
Or by:
Witness testifies, in view of ...
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties
It is hereby agreed and agreed as follows:
Next is the text, and finally is the proof part:
In witness whereof, both parties have signed here on the date first written above.
Then it includes the signatures of the parties and witnesses. Generally, the date of signing can't be found in English contracts.
Third, the formal terms of English contract translation.
The words used in contract English are extremely elegant and specific. The choice of words requires professionalism, formality and accuracy. Concrete embodiment
In the following areas:
Use 1. Can, should, must, can't (or shouldn't); May, shall, must, may not (or shall not) is more important to people who have studied English.
I am familiar with them, but you should be very careful when using these words in the contract.
The agreed part of rights and obligations constitutes the main body of the contract. If these words are not chosen properly, it may cause disputes.
It may be aimed at stipulating the rights of the parties (what can be done), and the obligations of the parties (when should be done) should be stipulated, while the necessity should be used for compulsory obligations (what must be done).
), shall not (or shall not) be used for prohibitive obligations (do nothing). What is possible cannot be said to be something that can be done, should be done, should be done or should be done.
Do, may not do, you can use shall not in some American legal documents, but you must never use can not do or must not), for example, when agreeing on ways to settle disputes.
When, you can say:
Both parties shall first settle any dispute arising from or related to this contract.
Through friendly negotiation.
If negotiation fails, the dispute may be submitted to the people's court with jurisdiction.
In the absence of any arbitration clause in the disputed contract, or in the absence of
An agreement reached after the dispute.
Shall and may in this sentence are accurately expressed. After a dispute occurs, it should be settled through consultation first, so the compulsory "agreement" method is adopted. If the negotiation fails, it will be the right of all parties.
Lee, it is also appropriate to use the optional protocol possible. What will happen if may and shall switch places? After the first shall of the sentence is changed to may, it means that the parties can negotiate.
The settlement is reasonable, but after the word "may" in the second half of the sentence is replaced by "should", it becomes that it should be resolved through litigation. It seems that if something goes wrong, you have to see the official first, which is somewhat unfriendly.
Both parties shall first settle disputes arising from or related to this contract through friendly negotiation. If negotiation fails, there is no arbitration clause or dispute in the contract.
If no arbitration agreement can be reached afterwards, it may apply to the people's court with jurisdiction for settlement.
2. Formal terminology
Contract English has a serious style and is quite different from other English works.
For example:
The phrase "because" uses "by virtue" more than "because" and generally does not use "because";
Generally, "at the end of the fiscal year" is used instead of "at the end of the fiscal year";
Before is generally used instead of before;
About is often used as about, concerned about or related, rather than about;
In fact, use "in effect" instead of "in fact";
Replace "start" with "start" or replace "start" with "start";
"Stop doing" replaces "stop doing" with "stop doing";
The expression "when the meeting will be held, presided over by someone" is: the meeting will be attended and presided over by someone.
"Other matters" replaces "other matters/events" with "miscellaneous matters";
Replace "understanding the contract" with "explaining the contract" or "understanding the contract";
Replace "think" with "think", use "consider" less, and don't use "think" or "believe";
3. terminology
The wording of the contract does not depend on whether the public understands and accepts it, but it is the guarantee of accurate expression of the contract language. Such as "defects", "exemption" and "force majeure" in the contract.
, "jurisdiction", "damage" and "loss" may be confusing for non-professionals. The above English expressions are defect, remedy, force majestic/act of.
God, jurisdiction, damage and/or loss. In addition, almost every contract is indispensable, for example, such ... acts, where,
In witness whereof, whereas, hereby, its functional words are just a few details:
For example:
1. Hereby: passed; Therefore, in this way, we are equal. Often used at the beginning of legal documents and formal contract documents.
Language can also be used when it needs to be emphasized in the clause. Give an original explanation, for example, the employee hereby makes an agreement to pay the contractor.
The execution and completion of the project and the remedying of defects therein, the contract price or such other.
The amount payable at the time and manner stipulated in the contract.
Contract. In the text:
It is hereby stated that for this reason, it is hereby.
★ It refers to the project in this project.
★ So ... as is a relative pronoun, equivalent to that, which. Putting the word to limited between such and as makes the term to limited very clear, thus avoiding the contract between the two parties.
There is controversy on understanding.
Others are:
Replace "compensation" with "compensation"
Replace "transfer of real estate" with "conviction" in "transfer of real estate"
"Lease" is used for "house rental" and "property rental" is used for "property rental".
Replace "end/stop a business" with "stop" or "stop (noun is stop) a business".
Grace period for repayment or patent application.
"Reconciliation" is used for "reconciliation of bankrupt parties"
"According to the relevant provisions of the contract" usually means "according to the provisions of this contract" or "according to the provisions of this contract", not "according to the provisions of this contract".
According to the relevant terms and conditions in the contract.
The English expression of "no party may assign this contract" is "the party within this contract may assign this contract", in which "here"
"This contract" refers to "the internal parties to this contract".
4. Sequences of synonyms, synonyms and related words
For the value received, the signatory hereby sells, transfers, assigns and assigns all rights to him,
The contract signed by the signatory and A on 19 _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
A copy is attached.
In English contracts, synonyms and synonyms are juxtaposed here (such as sell, transfer, assign and set over, right and tile and interest).
Very common. This is for the sake of rigor and eliminating loopholes, and some of them also belong to the fixed mode of contract terms. For example:
This agreement is signed by Party A and Party B.. In the sentences "sign" and "by"
The two groups of "and between" belong to synonyms and related words respectively.
In consideration of the mutual covenants and agreements contained herein, the parties hereby enter into the covenants and agreements.
Agree as follows: in the sentence, "for and taking into account" and "conventions and agreements" are synonyms.
Both parties agree to change management according to the terms and conditions contained in this agreement.
"According to the terms" and "subject to conditions" in the book have the same meaning, and both mean "according to the provisions of this agreement". Fixed mode of contract terms
This is the "terms and conditions"
Another example is "Party A wishes to terminate the agreement from the effective date".
The meanings of "release" and "discharge" are almost the same.
There are also coordinate words:
Ships and ships
Support and maintenance
Licences and permits
Charges, fees, costs and expenses
Any and all
Any duty, obligation or responsibility
Partners, their heirs, successors and assigns
Fourth, matters needing attention in English contract translation.
Practice has proved that mistakes in English contracts are generally not big declarative clauses, but only some key details. For example, money, time,
Quantity, etc. In order to avoid mistakes, some restrictive structures are often used to define the exact scope specified in the details when translating contracts into English.
A. Limited liability As we all know, the responsibilities of both parties should be clearly stipulated in the contract. The fixed structure of conjunctions and prepositions is often used to translate the scope and authority of both parties' responsibilities into English.
The most commonly used examples of this structure are as follows.
1. 1 and/or frequently use and/or translate the contents of "A and B+A or B" in English contracts, so as not to omit some of them.
Exodus 1: If the above goods cause any damage to the ship and/or other goods on board, the shipper shall bear all the responsibilities.
The shipper shall be responsible for all damage caused by such goods to the ship and/or the goods on board.
1.2 Between and
By and between is often used to emphasize that the contract is signed by both parties, so both parties must strictly perform their contractual responsibilities. Example 2: The buyer and the seller agree to purchase according to the following terms.
Sell the following commodities and sign this contract.
This contract is signed by the buyer and the seller, on the basis of which the buyer agrees with the buyer and the seller.
Agree to sell the following goods on the following terms.
B the time-limited English translation of time-related words should be handled very strictly and carefully, because the time requirement in the contract is accurate. Therefore, when translating the start and end times into English,
The following structure is usually used to define the exact time.
2. 1 English translation of double prepositions with double prepositions includes the start and end time of a day.
Since September 20th, Party A has no right to accept any orders or receipts.
Since September 20th, Party A has no right to accept any orders or collect any accounts.
Example 4: Our company's condition is to pay cash within 3 months, that is, no later than May 1.
Our condition is to pay cash within three months, that is, not later than May 30th.
Thank you+date "translates into" no later than one day ".
Exodus 5: You must ship the goods within one month from the date of signing this contract, that is, no later than 65438+February 65438+May.
Party B shall ship the goods within one month from the date of signing this contract, that is, not later than.
1February 15.
2.2 The corresponding forms include
The corresponding forms of include: inclusive, included and included are often used to define the time including the current day.
Exodus 6: This letter of credit is to be negotiated in Beijing and is valid until 1+0.
This credit is valid for negotiation in Beijing until 1 month 1 (inclusive). (or this credit is valid until.
Including 1 month 1 negotiation in Beijing. ) If it does not contain 65438+ 10 month 1, it will be translated as Till and does not contain 1 month 1.
3. 1 Duplicate amount in capital letters must be repeated in parentheses after lowercase, even if there is no capitalization in the original contract, it must be added in English translation.
Capitalize. Add "SAY" before capitalized words to indicate "capitalization"; Adding "only" at the end means "whole". It must be noted that the amount in lowercase and uppercase should be one.
To. Exodus 7: Party A pays Party B $500 every month.
Party A shall pay Party B a monthly salary of USD 500 (in words: Wu Bai dollars only).
3.2. Correct use of currency symbols
When translating the amount into English, we must pay attention to distinguish and correctly use various symbols of currency names. "$" can represent both "dollar" and some other local currencies; And "
""not only represents the pound, but also the currencies of some other places. It must be noted that when the amount is written in numbers, the number of the amount must be close to the currency symbol, for example:
Can $89 1 568 cannot be written as: can $89 1 568. In addition, when translating, we should pay special attention to whether the amount is a decimal point. ) or section number (,), because both symbols are extreme.
It is easy to cause clerical errors, and the consequences of a little negligence are unimaginable.
To sum up, this paper starts from four aspects: the definition, structural characteristics, characteristics of words used in English contract translation and matters needing attention, so that we can have a better understanding of the contract itself.
Have a certain understanding of the characteristics of the body, including its basic elements, which are easily overlooked in the translation process; So as to lay a foundation for better translation of English contracts and make
We can be handy in contract translation.