商务英语合同属于一种约束当事人交易的手段，语言正式严谨，有专业化的特点。商务英语合同不仅包含了商务英语的内容，还涉及了一些法律英语的内容。为了准确翻译商务英语合同，减少涉外经济可能出现的合同纠纷，通过一系列文献的研读，对商务英语合同中的词汇特征进行了总结，除语言正式以外，古语、专有名词和情态动词的使用也较多。其次，列举了部分句子特征及其翻译技巧。商务英语合同翻译不需要特别华丽的词语，需要的是语言逻辑与用词严密、客观、公正的表述文意。翻译时更要做到词汇准确、思维严谨、语句顺畅。
关键词： 商务英语合同；语言特征；翻译技巧
ASTRACT
Business contract belongs to a means of restricting the parties’ transactions, and the language should be formal and rigorous with the characteristics of qualified specialization. The business English contract involves not only the content of business English, but also some content of legal English. In order to translate the business contracts accurately, reduce the possible contract disputes in the foreign economy. Through the study of a series of documents, the lexical features in business English contracts are summarized, except for formal words, ancient words, technical terms and modal verbs are also used more in contracts. Secondly, list some sentence features and their translation skills. The translation of business contracts does not need to be particularly gorgeous rhetoric, it requires logic and strict language, to be objective, fair expression of literary meaning. In translation, word usage must be more accurate, precise and appropriate.
Key words：Business English Contract; Linguistic Features; Translation Skills
Contents
INTRODUCTION ................................................................................... 2
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CHAPTER I LINGUISTIC FEATURES OF BUSINESS ENGLISH CONTRACTS ......................................................................................... 5
1.1 Use of Formal Words ........................................................................................ 5 1.2 Use of Technical Terms ..................................................................................... 6 1.3 Use of Ancient Words ....................................................................................... 6 1.4 Use of Modal Verbs .......................................................................................... 8
CHAPTER II SENTENCE FEATURES OF BUSINESS ENGLISH CONTRACTS ......................................................................................... 9
2.1 Fixed Sentences ................................................................................................ 9 2.2 Long Sentences ................................................................................................. 9 2.3 Passive Voice ................................................................................................... 10
CHAPTER III SENTENCE FEATURES OF BUSINESS ENGLISH CONTRACTS ....................................................................................... 10
3.1 Translation Principle ....................................................................................... 10 3.2 Translation Skills ............................................................................................ 11
3.2.1 Modal Verbs Sentences Translation ...................................................... 11 3.2.2 Long Sentences Translation .................................................................. 12 3.2.3 Translation of Passive Voice ................................................................. 14
CONCLUSION ..................................................................................... 15 REFERENCES ...................................................................................... 16 ACKNOWLEDGMENTS ........................................ 错误!未定义书签。
INTRODUCTION
With the rapid development of the international economy and the progress of global integration process, foreign trade companies are gradually increasing, and
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China’s foreign trade exchanges are becoming more and more frequent. As an indispensable legal document in trade, commercial contract not only protects the legitimate rights of both parties, but also stipulates the obligations that both parties should fulfill. English as the most widely used language, should be accurately applied, in order to avoid errors and even losses. Learning their language characteristics and translation skills for better international business cooperation. Business English contracts have their own unique language characteristics.
Many experts and scholars have discussed the translation methods and principles of business English contracts and put forward many views. According to Li Yunhan's classification of style in Modern Chinese Style Rhetoric, the contract belongs to the official document transaction style. Transaction style is a kind of discourse which is applicable to the public affairs－the discourse expression has the established format, the writing is logical, the wording is rigorous, using a large number of professional words, striving to be accurate, eliminating the ambiguity phenomenon which may appear in the text.
Lu Yingli, Xiao Wenke pointed out in the Stylistic Features of Business English Contract that business contract is a kind of legal document signed between different legal persons in business activities to realize certain economic interests. Business contract English is based on English common language, formed and used in international trade transactions, which is a language combines the business English characteristics with legal English. It is a language variant of national common language in legal language environment and business context with some special goal and its own law. Business English contracts falls under the formal style, that is the most formal of all kinds of English.
In the Stylistic Features of Contract English, Feng Guiying points out that our understanding of the lexical and syntactic features of contract English can not give us more comprehensive understanding of business English contracts, but help us translate contracts and even draft contracts. Moreover, it also facilitates the teaching of contract English.
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From the Perspective of Discourse Analysis, Li Qianjin points out that our translation of English contracts should studied from the perspective of discourse analysis. Firstly, from the perspective of discourse function, cohesion and coherence, the translation rules of Chinese translation of English contracts are discussed. This is reflected in the Chinese translation of English contracts, which is to adopt a language that conforms to the characteristics of the contract to carry out the English-Chinese conversion of contracts. Secondly, contract, as the most formal legal discourse, has a cohesive and coherent approach different from other texts. Finally, English is the language with prominent subject, and Chinese is the language with prominent theme, so the linear order of information between the two languages is not the same.
Yang Jian points out in the Language Characteristics of Economic and Trade English Contract that the application text of economic and trade English contract has its own language characteristics. Most of the words are more formal, the use of terms to be accurate, more active voice, present tense, direct expression and conditional sentences, etc. General headings and appendices are often used, with emphasis on parts written in capital letters, etc.
From the above research results, it is found that the style of English economic and trade contracts determines the accuracy of words and the complexity of sentences. This paper analyzes the linguistic features of the contract through several examples and discusses the sentence features. Since the business English contract is a style with legal effect, the translation should be faithful to the original text, so that the translation is smooth and organized.
Business English contract is a formal legal document, it has formed its own unique language characteristics in the process of its application, therefore, understanding and analyzing the language characteristics of business English contract can help us to understand the language phenomenon correctly, and it is very helpful to improve the effectiveness, appropriateness and communicative competence of translation.
This paper analyzes the linguistic features of business English contracts from four aspects: formal words, technical terms, ancient words, and modal words. Then it
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analyzes the translation techniques of business English contracts from translation principles and syntactic features.
CHAPTER I
LINGUISTIC FEATURES OF BUSINESS ENGLISH CONTRACTS
At present, business contract belongs to the category of English law, so it has its unique language style: formal and accurate diction,specialized expression, precise structure, and particular format. Therefore, grasping the particularity of contract language is the key point, which can help us to understand and translate the contract accurately(Xia Yong 2010).
1.1 Use of Formal Words
Formal words are very common in business English contracts. Because of the special property of business English contracts, its language must be exact and rigorous.
Business English contracts have the legal effect and cannot be emotional in terms of vocabulary. Therefore, the use of spoken language is not allowed in the translation of business English contracts, such as \"根据,按照\business English contracts, translated as \"accordance with\and \"accordance to\" cannot be used. The contract is generally translated as \"by virtue of\and \"due to\" are rarely used. Similarly, purchase is translated into \"purchase\" instead of \"buy\". When we translating a contract, only use formal words can give buyer and seller a sense of authority and confirmation.
This is also to make the statement more formal, such as:
“In the life of Contract,each Chinese Investor shall have a option, and be entitled to put and sell any or all of his shares in the JVC to XX and XX shall have an obligation to purchase said shares in accordance with the price formula referred to Article 13.3 below.”
This sentence uses the more formal phrase “be entitled to” and “accord with”,
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rather than the informal phrase “have the right to do” and “accord to”.
1.2 Use of Technical Terms
Professional terms refer to special words or phrases used in certain special fields (name, country, place, organization, etc.). Professional terms are clearly fixed and cannot be changed. Therefore, the widespread use of professional terms is to avoid misunderstanding between both parties and Both parties can accurately understand the content of the contract, and it is in the interest of both parties. Business English contracts cover Legal, Business, Insurance Finance and other areas. Many of the words involved are specialized vocabulary, including professional terms and acronyms, and more of them are business-complex words. For example, “collection” and “confirm” are translated into “收集, 确认, 接受” ，but in general English, are translated into “托收，保兑，承兑” in business English contracts. There are also many professional words，such as: for your reference（供你方参考），party（当事人），advance payment（预付款），action（诉讼），open（有效的）etc.
“The exporter needs to submit the terms of payment for collection/negotiation to the bank”, Where “collection/negotiation is a technical term, if it is collected and negotiated according to daily translation, the meaning will be unclear. Should be translated here as 托收 and 议付，the whole sentence should be translated as“卖方需要把交付条件提交给银行进行托收或议付”。
“Partial shipment is allowed” should be translated as “允许分批装运”, indicate that the seller can ship several times. If “partial shipment” is translated into “部分装运”, there will be ambiguity, which may make the other party think that part of the shipment is allowed and the other is not shipped.
1.3 Use of Ancient Words
Business English contract is a law that binds two parties. In terms of language use,
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contracts often follow the rules of solemnity and formality of the legal language, so the archaic deixis in the legislative text naturally migrated to business English contracts. Archaic words refer to compound words composed of the adverbs here, where, there and the prepositions in, by, to, on, and so on. Mainly including hereby, hereof, herein, hereto, hereafter, subsequently, thereby, thereof, therein, thereto, thereunder, thereafter, whereby, whereas, wherein, etc.
They are rarely used in ordinary texts, but they are common in contract texts. There is a big difference in the definition of the properties of such compound words. English-Chinese dictionaries generally list them as adverbs, and some people in academic circles call them compound words. In business English contracts, the use of archaic demonstratives is more used to indicate the reference relationship, thereby achieving the internal connection of the text. When translating, you must first make accurate judgments on these special demonstrative words and choose the correct Chinese counterparts. In the process of translating ancient words, you can use the method of splitting + synthesis + inference reduction. Take \"herein, thereafter\" as an example. In the translation process, you can first split them into \"here\" and \"in\". And \"there\" and \"after\在这里，那之后\". Based on the logical reasoning of the context, its exact meaning can finally be determined.
E. g: The failure of either party to enforce at any time any of the provisions of this Agreement, or to require at any time the performance by the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any party thereof, or the right of the said party thereafter to enforce each and every such provision.
After analysis, synthesis, and logical reasoning, hereof in the example sentence can be determined to mean \"this agreement\and thereafter means \"after the agreement is not implemented or the other party is required to perform the agreement\according to the needs of the article, after inference. The determined meaning can be adjusted appropriately in order to maintain a smooth introduction of the article.
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Translation:“任何一方任何时候未执行本协议的任何规定，或任何时候未要求另一方履行本协议的任何规定，都不得解释为放弃这些规定，也不的影响本协议或其任何部分的效力，以及上述一方此后执行任何此种规定的权利。”
1.4 Use of Modal Verbs
The wording of English contracts is generally formal and standardized, and the use of modal verbs reflects this feature. There are two main modal verbs in English contracts, shall and should. However, they have different meanings in the contract. \"Shall\" is a word used frequently in English contracts. It is also a word with a strong tone. It is often used in the third person. \"Shall\" is often used to show the legal obligations that must be performed. Failure to comply with the terms of the contract will result in violations of legal obligations and obligations, and its meaning is equivalent to \"must\" in Chinese. Such as: “The Seller shall present the following documents required for negotiation to the banks”. The negative form of shall: Shall not, often indicates in the English contract that the act must not take place.
In English contracts, should not be replaced by should when indicating \"should\". Although should also be \"should\ does not mean a legal obligation, but only a general obligation or morality Obligations sometimes even mean \"shall\" or \"so\". When should appear in a contract, it is often placed at the beginning of a sentence, indicating an implied conditional adverbial, which is equivalent to an adverbial clause guided by if, in case, or in the event that, which means the equivalent of \"if\" in Chinese ,instead of \"should.\"
Modal verbs \"may\" and \"must\" sometimes appear in English contracts. \"May\" is used to stipulate the rights of the parties (what can be done), has no meaning of obligations, is not mandatory, and sometimes indicates permission or permission, which is equivalent to \"may\" in Chinese. Its negation form \"may not\" is used for prohibitive obligations (do not do anything), and its tone is not as strong as \"shall not\". \"Must\" means what must be done, have a mandatory feeling. But it has little legal significance, and its antonyms will not appear in business English contracts.
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Understanding and grasping the exact meaning of modal verbs helps to understand the content of English contract terms correctly. Because the agreement of rights and obligations in the contract constitutes the main body of the contract, if the modal verbs are selected improperly, it may cause legal disputes.
CHAPTER II
SENTENCE FEATURES OF BUSINESS ENGLISH CONTRACTS
2.1 Fixed Sentences
Business English contracts are concluded in accordance with international trade practices and standards, and generally have a relatively fixed structure. Therefore, some fixed expressions will appear in business English contracts, especially at the beginning and end of the contract and those involving international trade practices and standards. In some terms. For example:
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 under-mentioned commodity according to the terms and conditions below.
Translation :本合同由双方订立，根据本合同规定的条款，买方同意购买，卖方同意出售下述商品。
2.2 Long Sentences
To accurately define the rights and obligations of the parties to the contract, and to avoid trade disputes due to ambiguity or misunderstanding, business English contracts often use complex structures such as attributive clauses, adverbial clauses, parentheses, etc., regarding transaction conditions, methods, time and place Clear restrictions were imposed, which led to more difficult sentences in the contract.
For example: A party may suspend the performance of his obligation if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of: a serious
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deficiency in his ability to perform or in his credit worthiness; or his conduct in preparing to perform or in performing the contract. Long cause adverbial clause.
2.3 Passive Voice
In order to highlight the reality, principle and validity of the contract, the present tense is generally used in international trade contracts; at the same time, in order to make the expression more objective and highlight the results of the action, the passive voice is also widely used in business English contracts. For example:
A contract may be modified or terminated by the mere agreement of the parties. This sentence uses a passive voice to emphasize the prerequisites for contract modification or termination.
CHAPTER III
SENTENCE FEATURES OF BUSINESS ENGLISH CONTRACTS
3.1 Translation Principle
First, the principle of professionalism. Business English contracts include a lot of professional vocabulary and expertise. Therefore, translations must conform to industry norms and international practices.
Second, the principle of accuracy. The translation of business English contracts must be rigorous and accurate, and there must be no ambiguity or misunderstanding.
Third, the principle of appropriateness. Unlike commercial advertisements, corporate propaganda materials and other styles, business English contracts are legal documents, the words of which are formally standardized, and the sentence patterns are complicated. Therefore, the translation language should accord with the stylistic features of legal English.
Translation is a cross-language, cross-cultural custom and cross-emotion communication activities. As a translator, business English contract is the product of the combination of English language and business culture. Understanding its language
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characteristics is the premise of our translation of business English contract and the first step we should take. As a successful business English translator, you should also flexibly apply business English translation standards. When it comes to translation, we know that this is not an easy task. What is the quality of a translation, generally the first consideration is the degree to which the original content is accurately and accurately conveyed. When you translating, you should not only have a whole understanding of the original text, have a clear understanding of its content,but also be careful to deal with words and phrases, to avoid misunderstanding. The proper situation here is ever-changing. Therefore, mastering certain translation skills plays a crucial role in translation.
3.2 Translation Skills
The text nature of business English contract is very special, especially the Chinese and the English contract has great difference in overall structure and local language, which is caused by its special social function. The translator should fully and accurately convey the meaning of the original contract in the translation, and ensure that the language of the translation is authentic. Accurately convey is the key to be considered in translation. Translate sentences into modal verbs sentences, long sentences and passive sentences, the translator can use separate translation method to translate accurately on the basis of analyzing the original text.
3.2.1 Modal Verbs Sentences Translation
The contractual part of rights and obligations constitutes the subject of a commercial contract, the precise use of modal verbs clearly stipulates the rights of the parties (what can be done), the obligations of the parties (what should be done), the compulsory obligations (what must be done) and the prohibition obligations (what can not be done). Shall and May are the main modal verbs especially related to business English contracts. Shall express the requirements and specific provisions in the business English contract, indicating that the mandatory requirements to perform
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obligations or assume responsibility, contains the meaning of “this clause has the mandatory and mandatory provisions of the law”. According to Longman Contemporary English Dictionary, “Shall” is explained as \"formal or old-fashioned\" in official documents to indicate law, command, obligation or compulsion. At this time, subject is generally in the third person, and “shall” must be stressed. “Shall” does not mean “prohibition”. For example:
“If any change is requires regarding the terms and conditions or this agreement, then both parties shall negotiate in order to find a suitable solution, provided, however, that any change of this agreement shall be subject to the approval by the government of both parties.”
Translation: 若须对本协议的条款进行任何修改，双方须经协商妥善解决，但本协议的任何修改须经协议双方政府的批准。
In business English contracts, A request through a “may” is usually not obligatory, sometimes requirements can be achieved by attaching conditions or in some cases. The tone from“may not” is not as strong as the “shall not”, and the use is less than shall not.
3.2.2 Long Sentences Translation
In order to avoid trade disputes and specify the obligations and rights of both parties, due to ambiguity or misunderstanding, business English contracts often use complex structures such as attributive clauses, adverbial clauses, parentheses, etc. regarding transaction conditions, methods, time and place Clear restrictions were imposed, which led to more difficult sentences in the contract. The use of complex long sentence in a contract can clarify the every terms of buyers and sellers to the contract and completely prevent misunderstandings or unexplained situations. There are many adjuncts, such as adverbials and attributives, to explain, restrict, or supplement the meaning of the subject in obvious position. First, it can embody strict structure, serious style and clear logical organization. Second, it can limit the time, way, place, and condition of both parties to the contract to fulfill their rights and obligations. Strict regulations are conducive to preventing loopholes, but also to avoid
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possible future trade disputes and maximize the protection of the legitimate rights and interests of both parties.
In business English contracts, in order to make the terms clear and avoid ambiguity, a large number of attributive clauses with complex structure are often used to explain some situations or nouns. The attributive clauses separation from central words is common, and it is common for a noun to carry multiple parallel attributive clauses or an attributive clause to modify multiple central words. 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. This sentence is a which - guided non-restrictive attributive clause modifies the “reply”.
Translation: 对发价表示接受，但载有添加、限制或其他更改的答复，即为拒绝该项发价并构成还价。
The prices stated are based on current freight rates, any increase or decrease in freight rates at time of shipment is to be the benefit of the buyer, with the seller assuming the payment of all transportation charges to the point or place of delivery.
Translation:合同价格是以现行运费计算，装运时运费的增减均属买方，卖方则承担至交货地的全部运费。
The sentence conveys three meanings：calculation of contract price, buyer's liability for freight, seller's liability for freight. The three meanings are closely connected, one meaning is followed by another. According to the English expression habits, using “with” preposition structure, the third layer is closely linked with the other two meanings, which makes the structure tight. Considering the difference of Chinese and English expression habits, we can use the method of disassembling sentences in translation, cut off from the “with”, and divide the long sentence into two separate sentences.
In summary, because English and Chinese thinking and expression are different, we can not translate long sentences directly in according with the original word order. On the basis of fully understanding the meaning of phrases, modifiers and connectives,
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we should grasp the central idea of the sentence, clarify the time order and logical relationship of Chinese expression, and use separation methods to deal with the original sentence.
3.2.3 Translation of Passive Voice
In order to highlight the reality, principle and validity of the contract, the present tense is generally used in international trade contracts; at the same time, in order to make the expression more objective and highlight the results of the action, the passive voice is also widely used in business English contracts. For example:
A contract may be modified or terminated by the mere agreement of the parties. This sentence uses a passive voice to emphasize the prerequisites for contract modification or termination.
“Upon the expiration or earlier termination of the Agreement, all Confidential Information, together with all transcripts, reproductions or physical reproductions thereof in any form then in the Transferee’s custody, control or possession shall be promptly returned or destroyed in accordance with the request of the Transferor, except an original writing may be retained for archival purposes in the files of the Transferee’s Legal Department.” Translation:若本协议到期或提前终止，受让方保管、管理或拥有的所有保密信息，连同任何形式的副本、复印件或实物复制品，除原书写版本可以保留，以在受让发的法律部存档外，都要根据出让方的要求立即归还或销毁。
In this sentence, the subject of the sentence, avoid the transferee, so that the translation is very smooth, in line with the Chinese contract language and formal characteristics, and retain the original text of the fair and objective tone.
Passive voice, as an important language means and tools, is widely used in business English. Compared with active voice, passive voice does not emphasize the sender of action, so it will appear a lot more tactful in tone, and will not let the action bear the feeling that the originator imposes a certain meaning. Business English
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contracts belong to legal documents, in writing should pay attention to objective, fair, rigorous, and passive voice is a very important measure. Such as：
All disputes arising from the execution of, or in connection with the Contract shall be settled through friendly consultation between both parties. In case no settlement can be reached, the disputes shall be submitted for arbitration. Translation:因执行本合同所发生的或与本合同有关的一切争议，双方应该通过友好协商解决。协商仍不能达成协议的，则应提交仲裁解决。 In a word, the pragmatic meaning of passive voice communication in English contract is accurately conveyed in the translation with Chinese active form and proper contract language, and there is basically no lack of meaning. So in the process of translation of business English contract, we should transform into active form according to the expression habit of Chinese.
CONCLUSION
Business English contracts are formal and legal documents. As international business activities increase, it is a large significance for the effective application and translation of Business English contract. This article summarizes some character of words and sentences, and translation skills of business English contracts. The major findings can be summed up as follows.
Business English contract is different from other documents, it is full of grammatical features. That is to mean business English contract is professional, formal, rational, indirect and rigorous.
Besides, Business English contracts require people to use formal words and words rather than some casual and verbal expressions. As for sentences, there are always conditional adverbial clauses, attributive clauses and sentences as formal subjects.
In addition, successful English trade contracts can not make sense between Chinese and foreign traders without proper and accurate translation of trade contracts. Therefore, special translation methods such as sequential, reverse and separate
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translation can play an irreplaceable role. Skilled use of these methods will certainly contribute to the translation of trade contracts.
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