Translation Strategies

Translation Strategies

Of English Business Contract

英语三班 1112013005 杨娇娇

摘要

在国际经济贸易活动中，商务合同是一种重要的法律文件依据,商贸英语已成为必不可少的语言交际工具,它也是英文经济贸易合同的基点。越来越多的英语和法律的爱好者也希望能尽快熟悉合同英语，从而准确理解，翻译、制作英语合同。这种需求随着中国加入WTO（世界贸易组织）而剧增，用英语解决商务合同问题的愿望也会随之越来越迫切。国际商务合同的种类繁多，涉及面广，内容复杂。这类合同都是涉外交易性质，需要英汉两种版本，因此大多需要翻译。商务合同有其自身的特点，即条理性、规范性和专业性。商务合同对翻译的质量提出很高的要求，也增加了其难度。本文用大量的例句，对商务合同英语的准确性、严谨性、规范性及翻译技巧与内容的完善还有翻译中常见错误、成因及其对策等作了全面分析和论述，并分析其翻译方面所应注意的问题。

Abstract

Business contract is on important legal document during the International trade which makes business English as an essential language tool to the English economic trade. More and more people, who like English and law, hope to know about English business contact in order to accurately understand, translate and make theses contracts. International business contact has the features of varied

categories, vast coverage, and complex content which special translation skills to translate. In this term paper, it will discuss and illustrate the translation skills and principles as well as the common mistakes and its reasons based on the features of contract. It will also give solutions to the problems that come into contract translation.

1. Introduction

With the constant deep development of the policy of Market Economy and the Reform and Open policy to the outside world of our country, the market competitive system of China has made a further progress. The business trade with the foreign country has become so much frequent that we have got more and more opportunity to cooperate with the foreign company with the widen of the scale of the enterprises concerning foreign affairs. So, it has become an imperative part to draft, negotiate and sign a contract. In this paper, brief analysis will be given to several aspects on translation skills and strategies of the English business contract.

2. Translation Strategies of English Contract

A best translation strategy means that how can make a word or a sentence read like the native language both in its style and meaning. Literal translation, free translation, domesticating translation and foreignzing translation are translation strategies. In this part, brief introduction will be given to the application of translation methods in English contract translation. What is more, more attention

will be given to basic translation methods in the translation of English business contract.

2.1 Principles of English Business Contract Translation

Along with different principles put forward by different scholars, translators usually hold the view that the principles proposed by Professor Liu Fagong in his Exploring into the Principles of Chinese-English Business English Contract. Professor Liu puts forward the view that the major principles of business translation should be “faithfulness and exactness”.

2.1.1 Faithfulness

“Faithfulness” means that the information must be equivalent with the information in source language, Information transmitting is the core of business contract, and the information should be equivalent. For example:

(14) A partial average loss under 3%of the insured amount will not be recoverable but one amounting to or exceeding 3% will be paid. (Translation: 单独平均损失低于所保金额的3%时，不赔偿，达到或超过3%时则赔偿。)

Here, translator misunderstood the term “partial average loss”. The term “partial average term” should be translated into Chinese “单独海损”. Translator’s misunderstanding leads to the failure of information transmitting.

2.1.2 Exactness

Exactness demands translators to choose the accurate words in translation, which can transmit the equivalent information with the one in source language. Accuracy in both understanding and choosing word is the first condition to guarantee the high quality of translation. For example:

(15) Party A shall have a right of first refusal whenever Party B wishes to sell any of its shares in the Group. (Translation: 乙方任何时候有意出售其持有之任何集团股份，甲方一律拥有优先拒绝权。)

This translation completely deviates from the “exactness” spirit. The false resort impute to the misunderstanding of the phrase “right of first refusal”(优先购买权).

2.2 The Mistakes in Translation English Business Contract

A lot of mistakes are found in the English business contract translation due to the special features of the business contract; there are a lot of difficulties in the translation of it, such as the difficulties in the translation of the jargons, the difficulties in the translation of Abbreviations and the obstacles in dealing with the complex sentence structures. Only when the difficulties mentioned above are solved properly, can an excellent translation version be gained. In the following parts, some detailed information.

For example:

…the subcontractor… shall make available to the contractor all relevant planning and reporting documents(daily, weekly, and monthly progress reports, accident and security reports, payrolls, list of labor staff and expatriates.

The “payroll” in this sentence cannot be translated as “工资单”. However, the “payroll” should be translated as “计算报告” . (Translation：“……分包商……应向承包商提供所有相关的计划和报告文件（每日、每周和每月的进度报告、事故及安全报告、计算报告和劳务职员及外籍人员名单”。)

Secondly, the foreign background information displays important role, if a interpreter is not familiar with the business field, he cannot correctly translate the contract. And frequently mistake in translation will cause not clear, and confusion. For example:

The contractor shall be responsible for the true and proper setting-out of the works in relation to original points, lines and levels of reference given by the engineer in writing and for the correctness, subject as above mentioned, of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labor in connection therewith. (Translation：承包人负责根据工程的书面指示正确的开始工程，保证工程位置、面积、水平面及各部分组合的质量，提供工程所需工具、设备和劳力。）

This paragraph involves Engineering Surveying the main reason for mistake is

the lack of related information. Such as setting-out(放线), original points(原始点), lines(线), levels(水平)and instruments(测量仪器), etc.

The new translation：承包商应负责按工程师书面提交的有关点、线和水平面的原始参数如是准确的进行工程放线，且如上所述，负责校准工程各部分的方位、水平、尺寸和定线，并负责提供一切必要的相关仪器、装置和劳力。

4. Conclusion

Conclusion can be commented that this thesis has stated the language features of English business contract, generalized some translation principles used in translating English business contract, and then analyzed mistakes and solutions in the English business contract. From this paper, it can be found that English business contract is not only a special document style but also a practical usage of English. Moreover, it’s regarded as a special style which has its own language features, functions, special translation principles and translation methods. Through the study of English business contract translation, we need not only the knowledge of theory but the knowledge of practical method, which will help us better understand it.

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