【正文】
ses attached hereon. 中國(guó)人民保險(xiǎn)公司按照本保險(xiǎn)單承保險(xiǎn)別和背面所載條款承保下述貨物運(yùn)輸保險(xiǎn)。 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(duì)于在運(yùn)輸途中銷(xiāo)售的貨物,從訂立合同時(shí)起,風(fēng)險(xiǎn)就移轉(zhuǎn)到買(mǎi)方承擔(dān)。 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(xiāo)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(jù)支付價(jià)款,則移交貨物或單據(jù)的地點(diǎn)為合同履行的地點(diǎn)。 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(jīng)終止或解散,合伙企業(yè)立即清算,在分割剩余財(cái)產(chǎn)前,首先償還所有債務(wù)。但是規(guī)定 ,該投標(biāo)人的標(biāo)價(jià)是合理的 ,且符合聯(lián)合國(guó)人口基金會(huì)的利益。 Such long sentences are to be seen easily in contracts, and although long sentences make it difficult to understand and translate, they clearly convey both parties’ rights and obligations. In that way, contract appears more precise, accurate and logical. Textual Features As we know, business English contract is defined as one of the legal documents. It has the formative structure, and as it has been introduced in the Part One, it consists of 3 parts, namely, the head, the body, and the tail. There are two formative structure features of the text. The first one is the application of the legal format. And the second one is the parallel construction. Application of the Legal Format The business contract is a legal document that ensures the rights and obligations of both parties, so it plies with the legal logic, which is “assumption handlesanction”. The legal language requires pleteness and standard, therefore, it often includes the three logical parts into one sentence. Correspondingly, the plex sentences which contain the conditional sentences often appear in the text. Thus “if X, then Y shall do Z” is the format of the legal English. For example, Example 1: If Buyer fails to ply with the conditions of this article, Seller may, in addition to any other remedies, suspend all performance until Buyer has so plied. 若買(mǎi)方未能遵循該條款,賣(mài)方除采取其他補(bǔ)救措施以外,可中止履行該合同直至買(mǎi)方繼續(xù)履行該條款。 . Parallel Construction Parallel construction can make the text smooth and rhythmic. The use of parallel construction in words can be proved from the synonyms mentioned above. From the grammatical level, it can be found in the same construction of the sentences, such as the following examples extracted from the business English contract. Should the Seller fail to deliver the contracted goods or effect the shipment in time by reason of war, flood, fire, storm, heavy snow or any other causes beyond their control, the time of shipment might be duly extended , or alternatively a part or whole of the contract might be cancelled without any liability attached to the Seller but the seller have to furnish the buyers with a certificate attesting such event or events. 如因戰(zhàn)爭(zhēng)、水災(zāi)、火災(zāi)、暴風(fēng)雪、大雪或其他任何賣(mài)方不能控制之原因,賣(mài)方不能交貨或不能按期裝運(yùn), 則可適當(dāng)延遲裝運(yùn)期或撤銷(xiāo)合同之全部或部分訂貨,而賣(mài)方不負(fù)責(zé)任 。 In this example, “and”, “or”, mas and semicolons are the tools frequently used in English foreign trade contracts to form a parallel structure. Here faithfulness occupies the predominance for translation. Commas and semicolons keep intact。 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。 Your prompt reply would be greatly appreciated. 即復(fù)為感。 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