The principles of translation of contract

祝文金

【Abstract】Contract belongs to legal document which bears its own characteristics.It uses formal style and distinct formulation in structure， complex and long sentence，formal and archaic words and so on.This paper，based on the reading of many legal documents and other relevant books， discusses the language characteristics and the principles of the translation of contract.

【Key words】Contract；Principle of translation

0 Introduction

With economic globalization surging forward and the close cooperation among nations，China has done more and more business with other countries.High quality contracts are vital to the success of a business.Contract has its own characteristics and the most obvious one lies in accuracy and preciseness.The translator have to know about translation principles.

1 The Definition of Contract

A contract is“a promise or a set of promises for the breach of which the law give a remedy，or the performance of which he law in the some way recognizes as a duty.There are four basic elements of a valid contract：agreement，consideration，contractual capacity and legality（Steven H. Gifts，Law Dictionary）.”

2 Language Characteristics of Contract and Its Translation

Generally speaking，the structure of contract is stereotyped， standardized and itemized；the sentence is long and complex and the content is detailed，complete and focused.The following will give these characteristics a more detailed introduction one by one.

3 Principle for the Translation of Contract

3.1 Accuracy and preciseness

Accuracy is the principle for the translation of any text.For contract， accuracy is not enough，it requires preciseness： the preciseness for each phrase，each word even a punctuation.To make the translation accurate and precise，the translator should cope with the following three aspects. Firstly，when make the choice of synonyms，considering its connotation， grammar and style.

Secondly，consider the part of speech，the profession and the collocation when dealing with words with multi-interpretations.

Thirdly，paying special attention to the relation（that is，conceptual-equivalence but with different responsibilities and duties for both parties） and legal expression.

All in all，correct understanding is the best policy for accuracy and preciseness.

3.2 Consistency and identity

In literature translation，the translator pursues the criterion of “faithfulness，expressiveness and elegance”in order to enhance the richness of language and the readability of the literature.So synonyms are often used.However，in the translation of contract，it seldom uses synonyms in order to observe the principle of preciseness.Here，consistency refers to the use of the same words to express a same legal conception and identity refers to keeping the coherence of words through out the whole text.

3.3 Completeness and conciseness

As for completeness，great importance should be attached to the expression of time，price and abbreviation.This three aspects account for a remarkable position in contracts.The following is an example of expression of price：紐約到岸價每打16美元，凈價計算不包括傭金。總金額5，400，000.00（伍佰肆拾萬美元）.$16 per dozen CIF New York， net price without commission. Total amount：5，400，000.00

There are two mistakes in this example.In contract，the expression of currency must be international， that is to say，$ should be modified to USD.The English version of total amount is not complete.The complete one is：Total amount：5，400，000.00（say US Dollars FIVE MILLION FOUR HUNDRED THOUSAND only）.

Time is of vital importance since it is the dividing point as for responsibility.The vagueness of time will cause dispute.Look at the following example：

從4月1日起到10月20日止這一期間內交貨，但以買方信用證在3月20日前到達賣方為限。Shipment during the period beginning on April 1 and ending Oct.20 subject to Buyers Letter of Credit reaching Seller before Mar.20.

In the example，the translation of time is vague since it des not indicate whether Oct.20 and Mar.20 has been included.Thus，“both date inclusive”should be added after Oct.20 and“before Mar.20”should be modified as“on and before Mar.20”.

Completeness is closely tied together with conciseness and both of them go hand by hand. Completeness does not mean wordy rather than concise.Conciseness comes with the premise of completeness.

3.4 Coherence and smoothness

With regard to coherence and smoothness，three main aspects should be considered.Firstly，the arrangement of sentences and words should be in a logical order，or in other words， the rights and responsibilities are given out in a development order.Secondly，the use of pronouns should be clear and correct.

These four principles for translation go through the whole text of contract.Nevertheless，they are not always equally important.When accuracy and preciseness contradict coherence， accuracy and preciseness should be put at the first place.When completeness and conciseness contradict each other，completeness should be first taken into account.

4 Conclusion

Contract has its own language characteristics which are different from other text such as literature.It often uses complex and long sentence including adverbial clause of condition，attribute clause and subject clause.Those sentences are usually end-focus sentences and use simple present tense.In the respect of term of art they reflect the seriousness of contract.The translation has special requirements and it should be guided by the basic principles.The first one is accuracy and preciseness.The second one is consistency and identity.Under the guidance of the general principles and the language characteristic of the contract，with the translators profound knowledge and extensive learning and scrupulous attitude， the translation can be perfect.

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[責任編輯：田吉捷]