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論合同的語篇特點以及翻譯
畢業(yè)論文
Introduction
Along with the continuing development of the market economy and the continous deepening of reform and opening up, the foreign economic and trade exchanges have become increasingly frequent. Drafting, negotiation and signing commercial contracts have also become an indispensible link. For different nations, the translation of contract is the essential communication tools in global economy, which plays a beneficia l role in cross-cultral activities. Therefore, The translation of business contract has a close relationship to the development and the flourishing of economy.
The contract is a basis of the most important legal document which operates and maintains the rights and interests of Chinese and foreign parties. Moreover, the increase in international business and in foreign investment has created a need for executives with knowledge of contract. The present thesis discusses the textual festures of each of the contracts, with special attention given to the translation of contracts.
I Basic Theory and Knowledge of Business Contract
1.1 Basic concept of contracts
Contract is a legally binding document which is between two or more equal natural persons, legal persons and other organizations for the certain purposes of establishing, altering and terminating mutual civil rights and obligations. It is also a contractual agreement, which seeks for economic interests between countries. The international contract specifies the rights and obligations on both parties’ trade. Therefore, the two sides should follow the action guide and strictly enforce the contract.
1.2 Main textual features of business contracts
1.2.1 Bearing the characteristics of specialty
International business contracts are strongly professional, and involve legal, economic, engineering, finance, taxation, insurance, warehousing, transportation, customs, commodity inspection, and other fields of knowledge. They are often concerned with a wide range of expertise.
1.2.2 Foreign-orientation
Business contract is usually signed between different countries. These contracts shall be governed by and construed in accordance with the law of their own countries. All disputes arising from or in connection with the contract shall, if possible, be firstly settled amicably through friendly negotiation. In case no settlement can be reached thereby the dispute may, if either party so requires, be resolved by arbitration. The award made by the arbitration commission shall be final and binding upon both parties. The arbitration fees, unless otherwise awarded, shall be borne by the losing party.
1.2.3 Statutory nature
The agreement between two or more parties that is enforceable by law, a legally enforceable and legally binding agreement. Therefore, the contract has its authorization.
1.2.4 Confidentiality
While deciding through the particular details, both parties should take note of security terms but not concerned with the tremendous information. They also should provide clear items, to give the other party first right of refusal to enter into a correspondingly collaboration.
1.2.5 Logical arrangement
The basic patterns of contract are subjects, items and terms, therefore, business contract requires a very clear concept, not only referring to the logical coherence, but the language pattern. Contract’s style is completely different from paper, which doesn’t emphasize discussion but for clarity. And it is also different from the description, which doesn’t stand on qualifying but to express ideas. The structure of condition and goal sentences of business contract are often more objective. It requires rationalism of linguistic and sentence pattern, with the outline and terms are consistent.
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