【正文】
糾紛在很大程度上是由于合同翻譯失誤所引起的,因此,商務英語合同的翻譯問題也顯得越來越重要。然而大部分的研究都強調從文本的文學方面對商務英語合同的翻譯進行研究,而忽略了商務英語合同本身作為一種法律文本,有其嚴格的規(guī)則 和慣例,有其獨特的特點,因而不同于一般的應用文文體翻譯。 本文首先從商務英語合同的詞匯、句子和語篇三個方面分析其用語特征。希望通過本文的分析能夠提高翻譯工作者對 商務英語 合同的認知理解和翻譯能力。 《 English for Contract and Company Law》 by Chartrand and Marcella, etc. Among the domestic scholars, “the Lexical Features and Translation of Business English Contract” by Chen Jianping, it discusses and summarizes some basic principles and techniques of business contract English translation. Chen Xinsheng from the point of stylistic of the business contracts analyzes the stylistic features and its translation. Lan Tian’s 《 International Business Contracts Course》 , summarizes the techniques of the writing of business contract, the technical terms of the business contract, the lexical features, the unique structure, and so on. This paper mainly talks about the literary style features of business English contract and its translation. The research method of this thesis has adopted mainly includes: concept analysis method, evidence analysis method, parison analysis method, and so on. 2 Literary Style features of Business English Contracts The style features of business English contracts on lexical, syntactic and textual regulation will be specified in this part. Lexical Features Word is the basis of any kind of texts. Therefore, lexical features of business English contracts specialize in the usage of words. It is known to us that business contract is categorized as both legal documents and business writing and business English contracts share the diction with the language of law and business. Lexical features mainly enpass the following points: formal words, terminologies, archaic words, as well as borrowed words. Formal Words Different trade parties are from different countries and regions。 If a country is exporting more than it imports, it is receiving foreign currency and has a balance of trade surplus. 如果一個國家的出口大于進口,便是貿易 順差 。 In these sentences, claim, balance, acceptance, offer, as terms in business English, is used in its special not normal meaning. More examples are as follows: Words General meaning Usage in Contract accept 接受 承兌 credit 信譽 貸款 collection 收集 托收 honor 榮譽 承兌 draft 草稿 匯票 interest 興趣 利息 factor 因素 代理人 policy 政策 保險單 agreement 同意 協(xié)議 promotion 提升 促銷 offer 提供 報盤 average 平均 海損 Archaic Words Archaic words refer to the words that are seldom used in modern times but are frequently used in ancient times and middle age. According to what English linguist Geoffrey Leech (2021) points out in Taxonomy of English Words, archaic English belongs to words with formal stylistic meaning, which pletely meets the requirements of precision and concision of business English contracts. There are a lot of archaic words used in the business English contracts, which often appear in the form of pound adverbs, ., words formed by adverbs “ here, there, where” bining with some particles “after, at, by, from, in, of, to, under, upon, with, as, etc”, such as “ herein”, “hereof”, “ hereinafter”, “ herewith”, “thereafter”, “ therein”, “thereof”, “thereto”, “whereby”, “whereof”, “wherefore”. There are more examples as follows: Example 1: Matters not covered herein shall be settled in accordance with the provisions of the Letters exchanged on July 15th, 2021 as herein above referred to. Example 2: Whereas, this objective can be best achieved by the formation of a Joint Venture Company for the purpose of manufacturing, developing, selling, installing and maintaining elevators, escalators and parts and ponents thereof. Now therefore, in accordance with the principle of equality and mutual benefit, the three parties enter into the following Agreement。 Example 2: The People’s Insurance Company of China undertakes to insure the undermentioned goods in transportation subject to the conditions of this policy as per the clauses printed overleaf and other special clauses attached hereon. 中國人民保險公司按照本保險單承保險別和背面所載條款承保下述貨物運輸保險。 Example 2: The risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the contract. However, if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage. 對于在運輸途中銷售的貨物,從 訂立合同時起,風險就移轉到買方承擔。 Passive Voice and Active Voice Sentences The passive voice is widely employed in scientific and technical writing, newspaper writing, governmental or business writing. It is because passive voice can emphasize the action bearer, or have a better and more objective description about a relevant event or stipulation. In contract, the articles of packing, shipment, insurance, payment, and claim, etc. often use passive voice sentence. It can clearly express the rights and obligations of both parties, which can contribute to attain the goal of the contract. For example: Example 1: Payment: To be settled by irrevocable and documentary L/C. 支付:以不可撤銷跟單信用證付款 Example 2: If the payment is to be made against the handing over of the goods or of documents, the place of fulfilling the contract is the place where the handing over takes place. 如憑移交貨物或單據支付價款,則移交貨物或單據的地點為合同履行的地點。 Generally, the dispute happens between the two parties of the contracts, but in view of politeness, and establishing good relationship, it is advisable to deal with dispute as a subject rather than parties. Look at the following example. Upon termination or dissolution of the Partnership, the partnership will be promptly liquidated, with all debts being paid first, prior to any distribution of the remaining funds. 合伙企業(yè)一經終止或解散,合伙企業(yè)立即清算, 在分割剩余財產前,首先償還所有債務。但是規(guī)定 ,該投標人的標價是合理的 ,且符合聯(lián)合國人口基金會的利益。 Such long sentences ar