农大--商务合同的翻译本科毕业论文.doc

湖 南 农 业 大 学
高等教育自学考试本科生毕业论文

商务合同的翻译

学生姓名：贺荣葵
考籍号：910912103695
年级专业： 2010级应用英语
指导老师及职称：肖付良副教授
学院：外国语学院

湖南·长沙
提交日期：2013年 4月

学生毕业设计(论文)

中文题目： 商务合同的翻译
英文题目：On the Translation of Business Contracts
姓 名： 贺荣葵
学 院： 外国语学院
专 业： 英语（外贸英语方向） 本科
指导老师： 贺荣葵
开题时间： 2012. 12
完成时间： 2013. 4

湖南农业大学制

1

On the Translation of Business Contracts
商务合同的翻译

He Rongkui
贺荣葵

Supervisor: Prof. Xiao Fuliang
Major: Foreign Trade English

Foreign Language College
Hunan Agricultural University
April, 2013

15

Abstract

Abstract: In international trade activities, business contracts are an important basis for the documents. Business English language has become an indispensable communication tool and it is also the starting point of economic contracts in English. International business contracts involve a wide variety and complexity and also have their own characteristics, such as accuracy profession, and normalization. Therefore, the quality of the translation of business contracts needs high demand. In this paper, through a large number of examples, the characteristics and translation of business contracts are analyzed comprehensively.

Key Words: business contracts; translation; strategy

摘 要

在国际贸易活动中，商务合同作为一种重要法律文件,涉及面广泛而复杂，同时也有其自身的特点，准确性，专业性和规范性。因此，对商务合同翻译的质量提出了非常高的要求。本文用大量的例子对商务合同的特征及对策做了全面的分析和讨论。

关键词:商务合同;翻译;对策

Contents

Abstract I
摘　要 II
Contents III
Introduction 1
1. The Definition of Business Contract 2
2.The Characteristics of Business Contracts 3
2.1 Text Characteristics 3
2.1.1 Prociseness 3
2.1.2 Normolization 3
2.1.3 Prefession 3
2.2 Sentense Charasteristics 4
2.2.1 Attributive Clauses 4
2.2.2 Adverbial Clauses....................................................................................5
3.The Translation Strategies of Business Contracts 6
3.1 Translation Accuraccy 6
3.1.1 Vocabulary Translation 6
3.1.2 Number Accuracy 6
3.2 Translation Profession……………………………………………................7
3.3 Translation Normalization………………………………………………….7
3.3.1 Language Normalization……………………………………………...9
3.3.2 Style Normalization…………………………………………………...9
3.3.3 Profession Normalization…………………………………………….11
Conclusion 13
Bibliography 14
Acknowledgements 15

Introduction

In the 21st century, international trade has becoming more and more frequent, and the reforming China is actively engaged in international trade activities. In the process of global trade, English has become an indispensable communication tool. It is the basis of business contracts. In today's society, citizens, corporations and other organizations sometimes have the problem on how to sign contracts directly in English. Lawyers, legal advisers and other legal professionals will meet the needs to review and modify the contracts in English, and sometimes will be asked to come to Chinese translation, and even to draft a contract in English. So more and more fans of English and the lawyers want to familiarize themselves with the contracts in English with China’ s entry into WTO, this requirement turns more and more urgent to resolve contract issues in English.

1. The Definition of Business Contract

Contract means to abide by the conditions established, working in cooperation. "People's Republic of China Civil Law"《中国人民共和国民法通则》The Article 85th provides that "A contract shall be an agreement whereby the parties establish, exchange, terminate their civil relationship"，(合同是当事人之间设立、变更、终止民事权利义务关系的协议) and international business contract, as one of them, from the general sense, It is involved with two or more States. To a country, international business contracts are also foreign contracts. In China, according to the different nature and content of the major categories in contracts, We do the following classification: sale contract(销售合同); the transfer contract（转让合同）; the joint venture contract（合资或合营合同）; compensation trade contracts（补偿贸易合同）; Agent agreement（代理合同） and other contracts, agreements, etc. It is the parties to economic activities, the agreement reached by negotiation, legally binding on both parties. This agreement may be formal or informal. As the contract with legal effect, the parties must accordance with the provisions of the contract fully and meet their obligations strictly, which requires the contract terms and sentences are rigorous and accurate.

2. The Characteristics of Business Contracts

2.1  Text Characteristic
Business contract is a special application style, focusing on documentary, whose major characteristic is accurate and rigorous. As business contract is a legally document that asks the parties to strictly obey the obligations, right, codes of conduct and other specific terms, as drilled legal loopholes, it does not allow the vague and mileding, it would rather sacrifice the fluency of text but maintain truth.
2.1.1 Preciseness
The preciseness of the business contract translation is the principles problem in practice contract language is a legal context that emphasizes the structure of language, another characteristic is using formal words, repeat words, parallel conjunctions, etc, in order to ensure the contract text rigor and unbeatable, also reflected the contract solemn and seriousness as legal documents.
 2.1.2 Normalization
Generally, the structure of a contract is organized, and the terms and statements involved comply with the contract documents and the program requirements. A complete business, the terms of the contract are up to dozens to defined buyers and sellers obligations clearly. After a long practice and texting , The structure has been relatively fixed, whether it is Chinese or English. The contract can be divided into four parts : title(标题)，preamble(序言)，body(正文)，and conclusion(结尾). Since business contract is written to protect legal rights and interests, it require the use of body language solemn or formal style.
2.1.3 Profession
Business contracts are highly professional, involving finance, trade, tariffs customs, commodities, insurance, warehousing, commodity inspection, legal and many other areas, business contract is the complex field of expertise text. Therefore, the translation process constantly absorbs and integrates new knowledge. Business contracts basic characteristics of these text features to determine the business process of translation to follow strict procedures. For example, We hereby agree with the drawers, endorsers and bona fide holders of the drafts drawn under and in compliance with the terms of this credit that such drafts shall be duly honored on due presentation and delivery of documents as herein specified.
　 This sentence looks a little complex, and involves some credit terms, if a translator is not familiar with credit professional terms such as ：drawers（出票人）、endorsers（背书人）、drawn（开具）、drafts（汇票）、honored（履行付款责任）、presentation（提示）、documents（单据），they would have no ideas about this.
2.2 Sentence Characteristics
2.2.1 Attributive Clauses
To make the terms clear and precise to avoid the possibility of being misunderstood, a large number of structure are often used in clauses in business contracts. Attributive clauses separated with the center widespread word, a term with multiple side by side, or an attributive clause modifying the case of multiple centers are also common word.
For example, A reply to any offer, which purports to be an acceptance but contains additions, limitations or other modifications, is a rejection of the offer and constitutes a counteroffer. “which” Guide the restrictive attributive clause modified reply.
Translation：“对发价表示接受，但载有添加、限制、或其它更改的答复，即为拒绝该项发价并构成还价”。
For example, The seller must deliver goods which are of the quantity, quantity and descriptions required by the contract and which are contained or packed in the manner required by the contract.
Sentence of “which” in attributive clause is to guide the terms of provisions of goods, rather than depicted and described the deep structure of sentences. “Goods must be”，如译成：“卖方必须交付……的货物”, Semantic ambiguity. Therefore, the deep structure of the sentence can be translated in accordance with the subject-predicate structure in Chinese, So it’s can be translated into卖方交付的货物必须与合同所规定的数、质量和规格一致，并按照合同所规定的方式装箱或包装”。
2.2.2 Adverbial Clauses
As adverbial clauses highlight the flexibility and diversity, they are often used in business contract, such as the number of adverbial modification of a verb or an adverbial contains another very common.
For example, with in 30 days after the signing and coming into effect of this contract, the buyer shall proceed to pay the price for the goods to the seller by opening an imbecile L/C for the amount of USD 30.000, in favor of the seller through a bank at export port .The backbone of the sentence The buyer shall proceed to pay the price to the seller which contains a time adverbial with in 30 days after the signing and coming into effect of this contract.Business contracts, said many of the time adverbial is a Party at a certain time and must assume a certain obligation, or to enjoy certain rights, namely, timeliness, Therefore, the center of the whole sentence is not a verb in a sentence of time but the action occurs. If it is translated into Chinese to highlight the effectiveness of behavior, the time adverbial should be as close to that obligation, the responsibility of the word “shall” sentence also contains a complex manner adverbial by opening an irrevocable L/C according to the language of Chinese norms manner adverbial usually before the verb, the sentence can be translated as “买方须与本合同签字并生效后30天内通过出口地银行开立以卖方为受益人的不可撤销信用证支付全部货款计30000美元。”

3. The Translation Strategies of Business Contracts

3.1 Translation Accuracy
Key words translation in contracts should have a deep understanding of its exact meaning, and must have not ambiguity, otherwise it would cause a distortion of party to a contract, or even result in economic disputes.
3.1.1 Vocabulary Accuracy
Due to the particularity of business contract, it often involving some special vocabularies, the following are some illustrates on abbreviation and glossary. In terms of abbreviations, as the form and the meaning are fixed, the people won’t because understand questions or to express innovation and arbitrary use the term, simple palpability, diminish error, saving time and improve efficiency, such as FCA(free carrier 货交承运人)，CIF(cost insurance and freight 成本、运费加保费), C/O(care for 提交)， L/C(Letter of credit 信用证). Some law terms as, cooperate bylaw(工作细则)，ultra vires contract(越权订立合同)，breach of contract (违约) and some same words in other means, such as action行动——诉讼，motion 运动——提案，sentence 句子——判决，immunity 免疫力——豁免权
For example,
A: US.500 per metric ton CIF2% Ningbo. CIF2% as a abbreviation and means CIF including 2% commission.
译文：宁波港全额到岸价每吨500美元，含2%佣金
B: CN.500 per metric ton FOBD1% Shanghai. CN means Chinese Yuan. FOBD1% means less 1% discount.
译文：上海离岸价每箱500人民币，扣除1%折扣。
Glossary refers to the specific areas of international trade terminology, it has its own union. For example, “The Seller shall preset the following documents for negotiation /collection to the banks.” This is the payment terms that often appear in the sentence, negotiation and collection here are glossary if translate into 谈判and 收取, the sentence above would be confused , to
people ,here they means “议付” and “托收”.
译文: 卖方必须将下列单据提交银行议付或托收
From above we can see, in order to ensure the accuracy of the translation, we must be familiar with the background and remember these special words and their usage. In order to grasp and apply them to the actual translation and apply them to the special circumstances, and to translate accurately and avoid misunderstand, we’d better start with a large number of the contracts defines and the terms of the contracts, the meaning should be defined and fully explained in order to avoid disagreement.
3.1.2 Number Accuracy
Words related to the terms of the contracts payment provisions of the most important, which is the party most concerned, to eliminate loopholes in the contracts amount for the English translation must be both sensitive and must not be omtted. For example,
译文：合同总价为叁佰贰拾万美元
A The total cont value is $3.200.000
B The total cont value is US$3.200.000
On the surance, Translation A is correct, and it is also frequent in textbook, however, as an officially contract, Translation A was not accurate enough, even exists serious vulnerability because in our daily life $ is usually means US$, but it may represent HK$ Can $, so the translation B is more rigorous and accurate.
In terms of the contract value of translation, we must pay special attention to the numbers and the currency, while, we also need to check it if there are mistakes or vulnerabilities to avoid future trouble.
3.2 Translation Profession

Business contract is complex, because it’s highly requirement, and in addition to the above professional vocabulary, terms, etc. The most important professional is its legal characteristics; It must stay in the law in the category of execution. Even if a contract the literal translation no problem, but it conflicts laws, even if the translation is accurate or even perfect, the translation is failure. That is only a white paper cannot play any role, so a professional international trade workers understand the relevant laws and regulations about contracts is necessary, also is a must. It will involve a lot of professional term in the contract the world in the contract have the meaning of a single, clear, cannot be understood as ordinary, common meaning. For example, collection , confirm , acceptance , tolerance , more or less .Translation: “ 收集”, “ 确认”, “ 接受”,“ 承受”, “ 大约”, But these words can be used as a term in the contract, its meaning is respectively. “ 托收”,“保兑”(confirmed L/ C) , “ 承兑”(Documents against Acceptance) , “ 公差”及“ 溢短装”等。
The Seller shall present the following documents required for negotiation/ collection to the banks. This sentence is the frequently used one in payment terms. Negotiation and collection in the sentence are technical terms. If these words are understood as “谈判”and “收取” instead of “议付”和“托收”. The translation will be ambiguous and puzzling. Partial shipment is allowed. The sentence can be translated as “卖方...托收”. “ Partial shipment is allowed