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sentencecharacteristicsandtranslationskillsinbusinesscontract2-1-資料下載頁(yè)

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【正文】 e, passive voice may leave uncertain who the doer is. Even when the doer is known, passive voice tends to deemphasize it (陳忠誠(chéng) 1992:3132). Passive voice is therefore used in IBC when the doer is not necessary to be known or the receiver of an action needs to be emphasized or for the sake of coherence in writing.Because there is less frequent application of passive voice in Chinese than in English, in EC translation passive sentences are often transformed into active sentences. The following are three specific ways of translating passive sentences in IBC. (1) Parallelism between passive structures and active one. That means the translated word orders of passive clauses or sentences are not altered or adjusted, just as are the positions of the subjects in original texts.Original 1: The seller shall be entitled to terminate this contract in the event of failure by the buyer to ply with any terms or conditions stated in this article.Target: 如果買(mǎi)方違反本條所規(guī)定的條件,賣(mài)方有權(quán)終止此合同。(2) Passive voice converted into active voice. In some passive sentences in IBC, it is easily noticed that adverbial modifiers often appear by means of “byphrase” or “betweenphrase”, the noun within which is the actual doer of an action of the whole sentence. In order to highlight the doer, it is often put into the subject position in Chinese version.Original 2: This contract is made by and between the buyer and the seller, whereby the buyer agrees to buy and the seller agrees to sell the undermentioned modity according to the terms and conditions stipulated below.Target: 買(mǎi)賣(mài)雙方同意按下列條款購(gòu)買(mǎi)、售出下述商品,并簽訂本合同。(3) Fixed translation of “It is +P. P.+that” structure. It has formed paratively fixed translations for special sentence patterns in the form of “it is + past participle + that clause”.It is essentially stressed that 必須強(qiáng)調(diào)It is strictly understood that 嚴(yán)格明確It is mutually agreed that 雙方同意 Translation of conditional clausesAs it has mentioned before, a contract is an agreement on the rights and obligations of the parties concerned. However, the rights to be exercised and the obligations to be fulfilled are always conditional. This is the reason for the popularity of conditional clauses in IBC. The Chinese rendition of three kinds of conditional clauses led by “if”, “provided (that)” and “unless” respectively will be discussed as follow:(1) “If” conditional clausesThe word “if” is one of the most frequently used conjunctions to develop conditional clauses in IBC. This kind of conditional clause is employed to express the supposed condition. And the predicate part in the main clause which includes a conditional clause almost has the symbolic word “shall” to indicate obligations and responsibilities of contracting parties. The corresponding Chinese words to “if” are “若” or “如果”. For example,Original 1: If the Force Majeure event lasts over 60 days, the buyer shall have the right to cancel the contract or the undelivered part of the contract.Target: 若不可抗力事件持續(xù)60天以上,買(mǎi)方有權(quán)撤銷(xiāo)本合同或本合同未完成的部分。Sometimes the application of the “if” conditional clause can make an elliptical sentence occur. In this case, change the translated words order so as to always put “若”or “如果” in the first place to achieve smoothness in line with the Chinese conventional expression. Look at the following instance,Original 2: Claims, if any, shall be submitted by telex within fourteen days after the arrival of the goods at destination.Target: 若有所賠,買(mǎi)方應(yīng)與貨物到達(dá)目的地后14天內(nèi)以電傳方式提出。(2) “Provided(that)” conditional clauseThis kind of conditional clause can be generalized to condition of prerequisite, which indicates the specific precondition under which each contracting party may carry out some activity.Original 3: In such cases, the buyer shall, if so requested, send a sample of the goods in question to the sellers provided that the sampling is feasible.Target: 在此情況下,若賣(mài)方要求且客觀條件允許進(jìn)行采樣,買(mǎi)方須將有爭(zhēng)議的貨物的采樣郵寄給賣(mài)方。In this case, it is adopted the translation technique of bination to perform a concise and pact rendition.In addition, in the translating process of these conjunctions, flexible translating ways should be applied instead of copying the explanations from dictionary directly. For example,Original 4: Either party may at anytime replace the chairman, deputy chairman or director(s) it has appointed, provided that it gives written notice to the Joint Venture Company and the other party.Target: 任何一方可隨時(shí)更換自己委派的董事長(zhǎng)、副董事長(zhǎng)或董事,但必須書(shū)面通知合資公司和合資的另一方。In the above instance, “provided that” is translated into “但是” in the target text, which manifests the natural and smooth features of Chinese accustomed expression. But once it is rendered into “假如”, the effective oute in the target text is not available.(3) “Unless” conditional clauses“Unless” equal to “ifnot”, “except if” or “except that” in meaning. To be exact, this kind of conditional clauses embodies the condition of exception,denoting one contracting party can avoid restrictions of a contract under some special conditions. Original 5: Unless the contract provides otherwise, it is the buyer’s legal duty to collect and transport the goods from the seller’s premises.Target: 除合同另有規(guī)定者外,買(mǎi)方應(yīng)在賣(mài)方的處所提貨運(yùn)輸。It can be seen that “unless” is always translated into Chinese “除……外”and, more often than not, “unless” is followed by “otherwise” in IBC, thus, it should be rendered into “ 除另有……者外” in EC translation. For instance,Original 6: Unless otherwise stated thereafter, the accounting principles employed shall be the same as those applied in the preceding years.Target: 除后文另有說(shuō)明者外,所運(yùn)用的會(huì)計(jì)原則應(yīng)與以往各年所應(yīng)有的會(huì)計(jì)原則相同。 Requirements for translators of IBCTranslation of IBC is quite different from that of literary works or other varieties. As for literary works, translators have to cope with the problem of how to translate the source text elegantly and vividly. While IBC belong to the frozen style, which require strictness and carefulness instead of elegance and vividness should be adopted for the purpose of pr
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