C-E Translation of Contracts: The Importance of the Notion of
“legitimate Text” and the Criterion of “Faithfulness”
SUN Zhi-xiang
(College of Humanities and Social Science, Jiangsu Univ. of Science and Technology, Zhenjiang 212013, China)
Abstract: The language of contracts has its own linguistic features. The legitimacy of a contract makes it imperative that in the process of translation, the contract be understood as first and foremost a “legitimate text” and that “faithfulness” be adopted as the criterion of translation. This paper analyzes the special features of the language used in contracts. Then it shows, with illustrative examples, how the principle of treating a contract as a “legitimate text” and of abiding by the criterion of “faithfulness” can be put into practice in actual C-E translation.
Key words: contract; translation; the understanding process; faithfulness
译文:When an Issuing Bank instructs an Advising Bank by an authenticated teletransmission to advise a Credit or an amendment to a Credit, the teletransmission will be deemed to be the operative instrument or the operative amendment, and no mail confirmation should be sent.
(2) 原文:凭不可撤消的即期信用证付款,并于上述装运期后十五天内在中国议付有效。
译文:By irrevocable Letter of Credit to be available by sight draft and to remain valid for negotiation in China until the 15th day after the aforesaid time of shipment.
(3) 原文:除非由于下述第12条规定,导致合同提前终止,本合同自签署之日起,五年内保持有效。
译文:Unless sooner terminated as provided in Article 12 hereunder, this contract shall remain in full force and effect for five years as from its date of signature.
以上三句中“有效”这个概念在不同的上下文中有不同的含义。(1)中有效的信用证是指信用证的收益人可以依据该信用证操作,即发货、装船和结汇,所以应译为“operative”;(2)中议付有效则是指收益人在信用证的有效期(validity)内提交单据请求议付,所以应译为“valid”;而(3)合同有效是指合同具有效力,或者说对合同的当事人的法律约束力,所以译为“in full force and effect”比较贴切。
译文:A contractual joint venture shall, upon the expiration or termination in advance of its term, cancel its registration with administrative authorities for industry and commerce and the tax authorities.
译文:If there occur heavy losses, failure of a party to perform its obligations under the contract and the articles of association or Force Majeure, etc., the joint venture may terminate the contract through consultation and agreement by the parties, and subject to approval by the examining and approving authorities and to registration with the concerned department of the General Administration for Industry and Commerce.
译文:If either party is prevented from executing the contract by such causes of Force Majeure as typhoon, earthquake or other events agreed upon by both parties, the time for the execution of the contract shall be extended by a period to the effect of those causes.
译文:Should the Buyers not open the L/C within the time stipulated in the contract or the L/C opened not correspond to the contract terms and the Sellers fail to amend after receipt of the notification by the Sellers, the Sellers shall have the right to cancel the contract or to delay the delivery of the goods and shall also have the right to lodge claims for compensation.
译文:In case there is any breach of the provisions under this Agreement by either party during the effective period of this Agreement, the parties hereto shall first of all try to settle the matter in question as soon and amicably as possible to mutual satisfaction.
分析:(1)中“若”译为“should”假设条件句,体现了原文中的试探性含义;(2)中“任何一方……违背的时候”所隐含的是一种条件关系,译为“in case”恰如其分。
译文:The registered capital shall generally be represented in Renminbi, or may be in a foreign currency agreed upon by the parties to the joint venture.(对等译法,体现了原语合同订立者的灵活意图)
(2)原文:从本借款合同生效之日起,至下列日期中最早日期为止,为本借款的“有效提款期”。
译文:The availability period shall commence from the effective date of this Loan Contract and shall end on the earliest date of the following dates.(增词译法,明确为义务性规范)