摘要:Contract is a legal binding agreement whose abeyance and breach of contracts concern the legal responsibility of the two parties. Thus the translators are expected to produce parallel text identical with the source text in meaning and more importantly in legal effects.
erican or British culture because of the possible variations of term and institutions. For example, in loan contract,“抵押”in Chinese legal system may be applied to both real properties and other properties, but in the British System is "mortgage" and it only refers to real property. Nevertheless, the same word in the American system covers personality as well as realty.Therefore, in translating“抵押”into English, the best way is to use "mortgage" as the literal translation but keep the subject of“抵押”after it to make the translation explicit and avoid misunderstanding which might occur due to different legal systems.
4.4 Conversion——Transformation of Parts of Speech
Considering the different usages between English and Chinese, a translator may find it difficult to translate word for word. So conversion is usually employed.
In translating the laws of a source-language country, the translator can not `bend' the text towards the second reader (Newmark 1982:11). Sometimes, words in source contracts, when necessary, might be rendered into words identical in meaning but different in parts of speech, with expressiveness as its ultimate goal.
(1)Translating nouns into verbs
In E-C translation,alterations from English nouns to Chinese verbs are sometimes necessary and preferred to bring forth more concise and idiomatic renditions. The following examples may shed light on such transformation:
If any change is required regarding the terms and conditions of this agreement,then both Parties shall negotiate in order to find a suitable solution, provided that any change of this agreement shall be subject to the approval by the government.
Unacceptable version: 如本协议条款需要修改,双方应协商寻找合适解决方案,但对协议的任何修改须受政府批准支配。
Acceptable version:如需对本协议条款进行修改,双方应协商解决,但对协议的任何修改必需经政府批准。〔许国新2002:62)。
Without conversion of parts of speech,the unacceptable version,through correct and faithful to the source text,doesn’t conform to Chinese custom,consequently undermining its readability and understandability. In the acceptable version,the nouns "Promotion", "change","solution",and "Approval" in the English original text are converted to verbs “促进”、“修改”、“解决”,and“批准”in the Chinese version,which facilitate easy reading and better understanding .
(2) Translating adjectives into verbs, adverbs or nouns
In E-C translation, adjectives may be converted into verbs, adverbs or nouns in Chinese renditions when necessary so as to convey contents as smoothly and clearly as possible. The examples below are illustrative of the point.
This contract shall be unconditionally cancelled if either export or import license is unobtainable by (date)
如在 日前未能开出出口许可证或进口许可证本合同则无条件失效
In this example, "unobtainable" is rendered into Chinese verbs“未能开出”.
<, DIV align=justify>Due to the transformation of English nouns into Chinese verbs, the adjectives, which modify nouns in original texts, are accordingly transformed into adverbs to modify verbs in rendered versions.
“The Joint Venture's products to be sold in China may be handled by the Chinese Materials and Commercial Departments by means of agency or executive sales, or direct sale by the Joint Venture company.
合资公司内销产品可由中国物资部门和商业部门代销或包销,或由合资公司直接销售。”(胡庚申
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