【正文】
In this sentence, we translate “validity, interpretation, execution and settlement” from noun to verb in Chinese. Here is another example: In consideration of you making a loan available to the Borrower: _______, we hereby issue this Guarantee for the account of the Borrower and agree as follows: 鑒于 你方向 借款人 : ____提供了一筆貸款,我行 特此 為借款人 出具保函 并保證如 下: In translation of the above fragment of a contract document, the translator is very careful in his choice of words for the Chinese version, especially with regard to the rendering of the bold parts of the original: instead of using “考慮到 ” to render “in consideration of”, the translator chooses “鑒于 ” which is more formal and more monly used in similar official contract documents in Chinese。 Example 2: Your prompt reply would be greatly appreciated. 即復(fù)為感。 therefore, we should make it clear that the difference between the specialized meaning and the mon meaning of the words in the contract documents. Besides, the polysemy is easy to be found. Take the word “cover” for example, there are three meanings in the following phrases: “cover the loss”(彌補(bǔ)損失) , “cover all principle risks” (包括所有基本險(xiǎn)別 ), “cover the amount of our claim.” (支付我方 索賠數(shù)額 ). Secondly, we should take it into consideration that the formal style of the wording in business English contract. As it has been mentioned, archaic words are often to be used in the contract documents, we should be prevented from using colloquial words in preference to formal words as possible as we can, in order to achieve the solemnity in wording。 “or” is translated as “或 ”, “或者 ” or “又或 ”。 但賣方需向賣方提供正式發(fā)生這類事故的證件。 Example 2: If the test can not be pleted successfully under the Article , Buyer has right to rescind the contract and lodge a claim. 如在 約定的情況下仍未試車成功時(shí),買方有權(quán)解除合同并要求賠償損失。 Example 2: Should one of the parties to the contract be prevented from executing contract by force majeure, such as earthquake, typhoon, flood, fire, and war and other unforeseen events, and their happening and consequences are unpreventable and unavoidable, the prevented party shall notify the other party by cable or fax without any delay, and within fifteen days thereafter provide the detailed information of the events and a valid document for evidence issued by the relevant public notary anization for explaining the reason of its inability to execute or delay the execution of all or part of the contract . 由于地震、臺(tái)風(fēng)、水災(zāi)、火災(zāi)、戰(zhàn)爭(zhēng)以及其他不能預(yù)見并且對(duì)其發(fā)生和后果不能防止或避免的不可抗力事件,影響任何一方履行合同時(shí),遇有不可抗力的一方,應(yīng)立即用電報(bào)、傳真通知對(duì)方,并應(yīng)在 15 天內(nèi)提供不可抗力詳情及合同不能履行或者部分不能履行,或者需要延期履行的理由的有效證明文件,此項(xiàng)證明文件應(yīng)由不可抗力發(fā)生地區(qū)的公證機(jī)構(gòu)做出 。 Long and Complex Sentence The chief characteristic of sentence structure in contract documents is their lengthiness and plicatedness. It is because long sentence can precisely stipulate both parties’ rights and obligations, and reduce ambiguous expressions. These long sentences include many subclauses, attributes, adverbial adjuncts and so on. For example: Example 1: The contract will be awarded to the lowest responsive bidder plying with the conditions and specifications of the invitation for bids provided his bid is reasonable and it is to the interest of the UNFPA to accept it. 采購(gòu)合同將被授予按照本投標(biāo)邀請(qǐng)函的條件和規(guī)定做出響應(yīng)且標(biāo)價(jià)最低的投標(biāo)人。 Sometimes, it is inconvenient to mention the subjects of the sentences. For example: Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration, the applicable law should be the laws of . 凡因本合同引起的或與本合同有關(guān)的任何爭(zhēng)議,均應(yīng)提交中國(guó)國(guó)際經(jīng)濟(jì)貿(mào)易仲裁委員會(huì),按照申請(qǐng)仲裁時(shí)該會(huì)現(xiàn)行有效的仲裁規(guī)則依據(jù)中華人民共和國(guó)法律進(jìn)行仲裁。但是,如果情況表明有此需要,從貨物交付給簽發(fā)載有運(yùn)輸合同單據(jù)的承運(yùn)人時(shí)起,風(fēng)險(xiǎn)就由買方承擔(dān)。 Syntactic Features Business English contracts are characterized by the use of statement sentences, passive and active sentences, long and plex sentences. Statement Sentence According to the aim of using sentences, English sentences can be classified as statement, question, mand and exclamation. The functions of them are different. Statement sentence is used in stating, explaining, stipulating, as well as judging. It can make sentence seem objective, equal to both parties and natural. For example: Example 1: The Buyer shall make a claim against the Seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred therefore shall be borne by the Seller. 買方須憑復(fù)檢證明書向賣方提出索賠,由此引起的全部費(fèi)用應(yīng)由賣方承擔(dān)。 Example 3: This contract is made and entered into Beijing on 8th December, 2021 by and between the Seller (hereinafter referred to as the “Party A”) and the Buyer (hereinafter referred to as the “Party B”). Borrowed Words The usage of borrowed words, also called “l(fā)oan words” or “foreign word”, is another distinctive feature in lexical level. As their name implies, they refer to the words borrowed or introduced from other languages. They mainly stem from Latin, Greek, and French. Borrowed word makes contracts seem more serious and formal, such as the following words from Latin “ as per”, “ re”, “ex”, “tale quale”; Words from French “force majeure”, “action”, “petty”, “remise”, “save”. Look at the following examples. Example 1: Should either of the parties to the contract be prevented from executing the contract by force majeure, such as earthquake, fire and war and other unforeseen events, the prevented shall notify the other party by cable without any delay. 由于地震、火災(zāi)、戰(zhàn)爭(zhēng)及其它不可預(yù)見的不可抗力 ,致使影響合同的履行時(shí), 遇到不可抗力的一方,應(yīng)立即電報(bào)通知對(duì)方。 The contract is concluded in case of acceptance of the offer. 要約 一旦 承諾 ,合同即行成立。 therefore, owing to the discrepancy of their languages and cultures, it is very easy to have misunderstanding between them. So, business English contract adopts a set of formal expressions to do its utmost to avoid misun