Chuyên đề tốt nghiệp: A STUDY ON TRANSLATION OF LEGAL LANGUAGE IN INTERNATIONAL COMMERCIAL CONTRACTS

NATIONAL ECONOMICS UNIVERSITYFACULTY OF FOREIGN LANGUAGESENGLISH FOR BUSINESS DEPARTMENTNGUYEN THU ANH A STUDY ON TRANSLATION OF LEGAL LANGUAGE IN INTERNATIONAL COMMERCIAL CONTRACTS... N

THEORETICAL BACKGROUND

Definition of translation

Translation is widely known as transferring from a language to another language In particularly, the main duty of a translator is to transfer various kinds of text related to education, business, politics, culture and technology from SL (source language) to equivalent TL (target language) In other words, it is to make a number of documents worldwide, as a result, more and more readers can access to them.

There are numerous definitions of translation due to individual view of each expert Newmark (1981) states that “translation is a craft consisting in the attempt to replace a written message and/or statements in one language by the same message and/or statement in another language” From different aspect, Nida and Taber (1982) demonstrates that “translating consists in reproducing in the receptor language the closest natural equivalent of the source language message” On the other hand, Houbert (1998) defines translation as “the process whereby a message expressed in a specific source language is linguistically transformed in order to be understood by readers of the target language”.

According to Hatim and Mason (1997), “translation is an act of communication which attempts to relay, across cultural and linguistic boundaries, another act of communication”’.

According to Newmark (1988), translation methods are divided into eight types:

This kind of method is described as the transferring with the TL directly below the SL without conveying the meaning of the context Every word is translated separately by the most popular meaning Besides, the word order of the original text is preserved.

Example: SL: Her father takes her to school every morning.

TL: Bố cô ấy đưa cô ấy đến trường mỗi sáng.

Nguyễn Thu Anh — 11160342 — Business English 58A

For literal translation, each translated word has a common meaning, but the primary meanings may differ The grammatical structure of origin is converted to their nearest equivalents, but the lexical words are translated separately, out of context.

Newmark agrees that “this technique is the best option for translating texts where the form is as important as the content such as great speeches, autobiographies, literary works”.

Example: SL: My sister has a sweet tooth

TL: Em gái tôi thích ăn đồ ngọt

“Faithful” means truth It can be simply to understand that this method is used to transfer texts as well as maintaining the degree of similarity in form and tone For this method, the translators make an attempt to deliver the TL that resembles SL as much as possible.

Example: SL: Tourism ministry asks for measures to fight illegal overseas travel

TL: Bộ du lịch yêu cầu các biện pháp chống du lịch nước ngoài bất hợp pháp

Semantic translation pays attention on the main contextual content of origin.

Different from faithful translation, this method is quite more flexible It motivates the creation of translation without losing the original meaning.

For example: SL: Cô ấy cười rat tươi

TL: She has a sunny smile on her face.

Translators widely used this method for comedies and poetry There is no adjustment in the themes, characters, or plots The culture of SL is converted based on the culture of TL Besides, the form of the text may be rewritten.

For example: SL: Tram năm trong cõi người ta

Chữ tai chữ mệnh khéo là ghét nhau

TL: Within a span of one hundred years

Of human life and tragedy

What a bitter struggle it wagged Between talent and destiny

(Lé Xuan Thuy, The Soul of Poetry inside Kim Van Kieu, Author House 2010)

Free translation, often called as “intralingual translation”, has tendency to be abstract Without caring about the form of the translated materials, the TL is frequently longer than the SL.

For example: SL: Liệu com gap man

TL: One has to match his spending to his income

This method is mainly applied when translating idioms It reproduces the meaning of the SL by prefer using colloquialisms and idioms that are not present in the source language.

For example: SL: Việc hôm nay chớ dé ngày mai

TL: There’s no time like the present

Contexts translated by this method tend to be informal and more direct This method focuses on transferring the precise meaning of the origin in an approach that make listeners easily understand without having any difficulties.

For example: TL: Hello! How do you do?

SL: Xin chao! Dao này bạn khỏe không?

Equivalence in translation 1 Definition of equivalence

Equivalence is considered as the major concept in translation The definition, relevance and applicability of equivalence have caused heated controversy Each translation scholars have different points of views about equivalence They analyzed and discussed with different approach According to Pym (1992),

“equivalence is supposed to define translation, and translation, in turn, defines equivalence” In addition, Pym also regards “translation as a transaction” as well as “equivalence as equality of exchange referents” Hence, equivalence becomes a negotiable entity, with translators doing the negotiation.

Newmark (1995) points out: “The overriding purpose of any translation should be to achieve ‘equivalent effect, i.e to produce the same effect on the readership of translation as was obtained on the readership of the original”.

1.3.2 Types of equivalence in translation

Theorists of translation have classified equivalence based on different criteria, which are quantitative, meaning-based, function-based, form-based

Kade (1968) brought out a list of four types of equivalence: s* One-to-one equivalence: Every word in TL has its own equivalence in*,

+ One-to-many equivalence: A single expression in SL have more than one equivalence in TL. se One-to-part-of-one equivalence: A single TL expression transfers a part of SL.

* Nil equivalence: No equivalence for an expression of SL

Koller (1979) offers different concepts of equivalence: s* Denotative equivalence: the words of both TL and SL refer to a common thing in real life s* Connotative equivalence: the words of both TL and SL should produce the similar communicative values in the mind of speakers of the both languages. s* Text-normative equivalence: words of both TL and SL are applied to express similar context in their own languages. s* Pragmatic equivalence: with readership orientation, words of both TL and SL bring the similar influence on their particular readers.

In the view of Nida and Taber (1982), two types of equivalence are considered:

“* Formal equivalence can be applied when TL and SL have the same or closest form and content of the message.

Nguyễn Thu Anh — 11160342 — Business English 58A s* Dynamic equivalence can be applied when SL and TL have the same equivalent influence on the target audience.

Baker (1992) divides equivalence into four separate kinds: s* Equivalence at word level: One word can have a variety of meanings in different languages

“* Grammatical equivalence: Grammatical rules can change based on the language, which may lead to difficulties in finding a respective equivalence in the TL.

“+ Textual equivalence refers to the equivalence between a SL document and a TL document regarding to information and cohesion. s* Pragmatic equivalence is about implied meaning of the TL text The aim is to reproduce the “message” of SL text that can help readership acquire in a clear way.

2 Theory of Legal English language

2.1 Concept of legal English language

Hermeren (1978) defines “Language is considered to be a significant method of human communication” According to Eifring & Theil (2005) “By means of language, people exchange ideas, knowledge, beliefs, wishes, threats, commands and feelings” Butt & Castle (2006) has a different point of definition “Legal language, however, is a special variety of English” It is clear that legal language includes some particular features which contains linguistic characteristics.

Williams (2013) made a distinction between legal language and the language of the law Williams states that “legal language is the type of communication coming within the legal sphere” This type could be either written or oral; such as: “courtroom discourse, law reports, and academic texts on legal matters” On the contrary, the language of the law, is usually in written form and is restricted to “prescriptive texts such as laws, treaties, regulations, contracts or wills”.

Characteristics of legal English language

Archaisms are kinds of word that is no longer used with its first meaning or can be used in a specific area Since archaic words are no longer used as much as

Nguyễn Thu Anh — 11160342 — Business English 58A others, they have become quite obscure over the past few years For example, there are noun surrejoinder, verb darraign, adjective aforesaid, adverb hereinafter.

Archaisms belong to formal style which lawyers usually uses are known as legalisms and lawyerisms, for instance,

Pursuant to means under, in accordance with, Prior to means before

Subsequent to is after Vel non - or not, or the lack of it Words such as hereof, thereof and whereof (and others ending in at, in, after, with, above, on, before, so on) are not usually seen in ordinary English They are some situation in legal language, primarily considered as a method to advoid the repitition of names of things in the context.

Another remarkable features of legal language is its technical terminology.

Tiersma (1999) indicates that “if a word or a phrase is used exclusively by a particular trade or profession or if that profession uses it in a way that differs from its normal meaning and the term has a realatively well-defined sense, it should be considered a technical term’.

This points out that a technical term is specific term which is only used by a number of professionals In others word, specialists in the legal field are equipped by distinct language peculiar to ordinary people and highly characterized by a vocabulary of technical nature. lcaraz & Brian (2002: 17) classfies technical terminology into two kinds known as: purely technical terms and semi-technical terms.

Purely technical terms: are specific terms exclusively used in the legal field.

Comprehending of this types of terms plays an crucial role in translating legal documents.

Semi-technical terms: are known as common words with uncommon meaning, which have particular meaning in legal documents There is great number of common words that legal experts apply as technical terms in peculiar texts The most typical terms in a commercial contracts are “consideration” and model verb “shall” “Consideration” used as legal language means

“money/compensation” “Shall” in general meaning is defined as the usual

Nguyễn Thu Anh — 11160342 — Business English 58A futuristic meaning, but in the commercial contract, “shall” is indicated to the obligation.

Foreign words and pharses are widely applicable in legal English Most of them are from Latin and French The existence of legal Latin and French terms is the result of the transliteration or the direct borrowing process.

Latin introduced the practice of using the following expressions: versus, alibi, which are familiar with translators But there are some words that are still an obstacle in legal English texts:

- Bona fide means good faith or in good faith - Actus reus is known as guilty act

- de jure means accroding to the law There are originally French terms which are quite familiar such as contract, proposal, contracts, conditons, terms, alias, policy, and so on.

Because of the effect of Latin and French, English is abundant in synonyms.

A variety of synonyms are confirmed to increase.

Haigh (2004) argues that numerous synonyms makes legal text more complicated due to the similar meaning For instance:

Clause - provision- paragraph - article Contract - agreement

Default — failure However consistency is hard to achieve, because a legal document must be effective and legal drafters are primarily concentrated on attaining this.

A great number of synonyms prompted the emergence of idioms such as Able and willing.

Dispute, controversy or claim The accumulation of synonyms within the idioms in cases where one word would be enough is also a prominent feature in legal English Most common types of synonym pairs and synonym strings, which are also named doublets and triplets, are binomials Binomials have two lexica units (nouns, adjectives. adverbs or prepositions), which are usually joined by a conjunction “and” (tact

Nguyễn Thu Anh — 11160342 — Business English 58A and deed custom und usage, legal und valid, over and above) As in legal English they consist of two words with the same conceptual meaning, one of them is redundant and does little to the meaning itself.

The complexity and length of sentences are the most prominent syntactic characteristics of legal English Every sentence in legal context contains a considerable amount of information, leading to the existence of repetitiveness, long noun phrases involving a variety of modification, prepositional phrases, as well as coordinate and subordinate clauses This results in the structural complexity of sentences.

Williams (2004) indicates that “the use of passive voice and peculiar use of pronouns are characteristics of a highly impersonal style of writing” Finegan

(2004) commented that in legal English both non-agent passive structures (without the phrase "by") and passive structures with agents (with the phrase

"by”) are common According to Williams (2011), nearly a quarter of the verb- shaped constructs with numerical verbs in prescriptive legal English have a passive form.

It is clearly seen that passive voice is essential in legal context; however, legal documents is abusing in using it It is better to limit the use of passive voice and encourage transferring passive voice into active voice, because the passive is justified only when the doer of the action is unknown or intentionally left out.

Nouns originated from verbs are frequently seen in legal context instead of verbs, such as to give consideration rather than to consider, to be in agreement instead of to agree, to make an amendment than to amend.

According to Haigh (2004), “Nominalization is a morphological process that is to be avoided because it makes the text long and non-dynamic Nominalization is a morphological process that is to be avoided because it makes the text long and non-dynamIc”.

3 Application of methods and equivalence in translating legal documents

Transposition

Transposition involves an automatically grammatical change in the word order SL to TL Since this is kind of process of translation relating to grammar,

Nguyễn Thu Anh — 11160342 — Business English 58A most translators use transposition in a intuitive way The main aim of transposition is to translate a set of words without changing the implication of the origin For example, in the commercial contracts, if the phrase “after the arrival of the goods at destination” is translated into “sau khi hang hóa đến cảng” (after the goods arrive at the destination), then the transposition technique have been applied.

There are two types of transposition in translating legal language:

SL: This Contract is made by and between the Buyer and the Seller (Object), whereby the Buyer agrees to buy and the Seller agrees to sell the under- mentioned commodity according to the terms and conditions stipulated below.

TL: Bên mua và Bên bán (Subject) lập ra hợp đồng này, theo đó Bên mua đồng ý mua và Bên bán đồng ý bán mặt hàng được đề cập sau đây theo các điều khoản được quy định dưới đây.

SL: The production design, technology of manufacturing, means of testing, materials prescription, standard of quality and training of personnel shall be written in Chapter 4 in this contract (adverb).

TL: Chapter 4 of this contract (subject) provides for product design,manufacturing technology, inspection methods, methods of material preparation, quality standards and staff training.

Modulation

Modulation is a process of translation involving lexical change The importance in modulation is considered as semantic comprehension In others word, it means meaning reconstruction The translator using this translation procedure have to be aware well of the implication of original context, then transfer and modify TL in a clear and coherent way that the idea or meaning maintain the same The common phrase seen as a example is “an act of God”, which is translated into “thiên tai” (natural disaster).

The most prominent types of modulation are converting passive voice into active voice For example:

SL: Now itis hereby agreed (passive) by and between the Parties as follows

TL: Nay hai bén dong ý (active) các điều khoản sau

CHAPTER IT: OVERVIEW OF INTERNATIONAL COMMERCIAL

CONTRACTS

Structure of a commercial contract 1 The names and addresses of the parties

The first section of the contract is used to mention the full names, postal addresses and necessary information of related parties The section may also state a shortened name or abbreviation that would be applied in the remainder of the contract to indicate each of the parties.

The recital is used to indicate a part which is non-operative because it does not have any particular legal effect The role of recitals in a contract is to give explanation about the reason to the transaction.

For example, the background information to an exclusion clause would be illuminated by associating the decision of both parties to press the potential of loss on one party rather than the other This is considered as an economical way from Insurance point of view.

If it is essential that the recital’s content might be considered as an integral part of the substantive part of the contract, an explaining of this effect should be included in the contract.

The definitions section concludes a list of terms which may be repeated later in the contract Each term would be defined and represented by the way in which the drafters of the contract expect the term to be interpreted as a matter of law.

However, there is also problems that arise with definitions As Matt Firth stated “The definitions form part of the substance of the contract since they prescribe that certain words and phrases shall mean certain things It is best to state directly what these words and phrases shall mean rather than resorting to phrases such “where the context so admits”, since this creates potential for ambiguity.”

Problems arise with definitions when:

- The word or phrase which is used in the contract expresses different sense with the defined one;

- The definition is unable to understand, therefore the exact meaning is unable to be defined and depends on interpretation of each party;

- The scale of definition is too broad, consequently it may cause unintended meanings in specific contexts;

- A term which is intended to be applied only one time in the content of the contract;

Amy Krois-Lindner defines conditions precedent as “conditions that have to be satisfied before the agreement comes into force They are generally viewed as being outside the main terms of the contract.”

Contracts may stipulate that if a specified future event occurs during the term the contract then it will be terminated This type of stipulation is sometimes known as a condition subsequent.

The agreements section concludes the rights and obligations of each related parties in the contract This part expresses the core of the transaction struck between the two parties As a result, the drafting of the clauses would rely on the specific facts of the situation Moreover, this part would include variety of clauses covering what happens if one party fails to complete its duty or the other fails to pay.

The representations and warranties describe promises by one or other party that a given statement or set of facts which is exact A representation is a statement of fact made by one contracting party to the other that induces the other to enter the contract Meanwhile, a warranty is a contractual assurance and in case of such a promise, the innocent party will be able to declare damages.

Boilerplate clauses are standard clauses that are inserted as a matter of course into certain types of agreement They relate to issues which are to do with the way in which the contract works rather than the heart of the deal itself These include clauses dealing with service of notices (the means by which documents which relate to the contract must be sent) and assignment (whether and on what basis the parties can transfer the contract to other parties) together with many other types of clause.

In case that the agreement concludes specific agreements or information, the parties usually assign them in schedules that are contained at the back of the contract This will help the contract to avoid a mass of detail due to clutter up the main part For instance, in case that a contract must include a very specific category of different types of products delivered under the agreement of the contract In the contract, it is not the main but the schedule would include this type of details.

The signature section is between the schedules section and appendices section It is not necessary for the appearance of witnesses in a majority types of contract All parties to the contract must sign the document, their signatures act

Nguyễn Thu Anh — 11160342 — Business English 58A as evidence and the legal basis of their agreement to each other The names of individuals and organizations who take part in the transaction are usually attached together with the signing date Regularly, contracts are made into 02 bilingual copies This means that each party will keep one copy of the contract, and they would sign both copies of the contract.

Normally, appendices include documents which are related to contents mention in the contract The reason for this is they play an useful role for searching reference material in the contract They are not essential form part of the substantive transaction of the two parties For example, in a contract for the shipping furniture by one party to the other, the appendices of the contract would contain detailed design and material for demonstrating purposes.

3 Examples of International Commercial Contracts

CONTRACT

This Contract is made on October 17", 2018.

The Seller: RANOX ENTERPRISE, INC.

Address: 8F-8, 9, No 179, Fuxing North Rd., Taipei 105, Taiwan Tel: 886-2-27151393 Fax: 886-2-27133747

Represented by: Ms Leah Shih — Sales Manager

The Buyer VIETNAM TOOLS AND METROLOGY CO., LTD

Address : No 3, 91/45 Nguyen Chi Thanh Lane, Lang Ha, Dong Da, Ha noi.

Represented by: Mr Nguyễn Thế Long — General Director.

This Contract is entered by the Buyer and the Seller The Buyer agrees to buy and the Seller agrees to sell the below - specified equipment according to the terms and conditions below:

ARTICLE 1: COMMODITY, QUANTITY, SPECIFICATION, UNIT PRICE & AMOUNT The Seller has agreed to sell to the Buyer one lot of goods as stated as follows:

Iron pressure tank UPPER fluid outlet carbon steel outer pail and stainless steel 304 inner pail w/ air agitator

Max working pressure 4.1BAR w/ wheels

MOLD-RELEASE SPRAY GUN (RANOX BRAND ) Model no RN-602

WORKING PRESSURE: 4~5 bar Air inlet: 4’? BSP

PIPE (5M)

Manufacturer/Origin: Ranox/Taiwan Total amount EXWORKS TAIPEI, TAIWAN

1.3.The machine must be 100% brand new, un-used, and manufactured in 2018

ARTICLE 2: TERM OF DELIVERY 2.1 The goods of this contract will be delivered about 30 days but not later than 50 days after signing contract.

Place of receipt: Taipei, Taiwan Destination port: Noi Bai airport, Vietnam

Packing: The Seller shall be responsible for packaging as per export standard packaging, fit for air and inland transportation.

The packaging used must effectively protect the contents from damage, loss, and theft so that the receiver receives the goods in a perfect and resalable condition The packaging must be able to withstand the various dynamic and static forces en-route.

The packaging must be strong enough to withstand any storage on top of it, and if it has not been designed to handle this, then it must be marked clearly on the outside of the packages.

Shipping marks: VIETNAM TOOLS AND METROLOGY CO., LTD

Package/Case number, Dimensions, Gross weight, Net weight 2.2 Notification of delivery:

The Seller sends draft of P/L, INVOICE, and CQ by fax/email to the Buyer for checking before the dispatch of goods The Seller sends the draft of B/L and soft copy of CO before the sending of original documents Ũ

2.3 Labelling: ee The information of equipment’s NAME, MODEL and COUNTRY OF ORIGIN must be shown on the equipment’s label/nameplate/mark besides other necessary information.

ARTICLE 3: PAYMENT & DOCUMENT 3.1 Payment term.

100% contract value equivalent to USD 677.51 shall be paid by the Buyer by T/T to the Beneficiary (the Seller) which is RANOX ENTERPRISE INC after the Seller informed the Buyer 7 days before the goods are ready for delivery and the Buyer receive some images of the goods and draft | 31588 documents of P/L, INVOICE, and CQ, into the account: —

Beneficiary: RANOX ENTERPRISE INC MIM

Address: 8F-8, 9, NO 179, FUXING NORTH RD., TAIPEI, 105, TAIWAN '' CONG NGI

Bank name: FIRST COMMERCIAL BANK CHANG CHUN BRANCH ET NAM

Bank address: NO.169, FUXING NORTH ROAD, TAIPEI, TAIWAN IyecxÃ SWIFT Code: FCBKTWTPXXX

Payment receiver (RANOX ENTERPRISE INC.) must receive exactly USD 677.51.

All banking charges will be on the buyer’s account.

Seller shall present the following documents within 3 days after sailing date: |

- Telex bill showing the consignee is VIETNAM TOOLS AND METROLOGY CO., LTD, notify is as same as consignee.

- 03 originals of signed and stamped commercial invoice showing Goods’ description, quantity, unit price, total amount etc.

- 03 originals of signed and stamped detailed packing list.

- 01 original and 03 carbon copies of Certificate of Origin issued by Taiwan Chamber of Commerce showing the country of origin is Taiwan.

- 3 originals Certificate of Quality, Quantity and Warranty (issued by manufacturer which is RANOX

ENTERPRISE INC including product’s name, model, quantity and year of manufacture of the goods).

- Original of manual of pressure tank in English will be sent together with the goods.

Except for the Commercial Invoice, all other documents must not show the unit price, amount and total amount of the Contract.

ARTICLE 4: WARRANTY The Seller guarantees that goods supplied under this Contract must be brand-new, suitable and for good operation The guarantee period is 3 months from the date of Buyer’s receipt.

This warranty will be applied to all parts which are needed to be repaired or replaced by the Seller due to manufacturing defects The warranty does not include damages caused by improper handling, normal wear and tear, mechanical damages, faulty assembly, improper maintenance unusual spray material or chemicals.

The Seller commits to provide the Buyer free of charge the replaced items during the warranty period (freight will be under the Buyer), once received information about wrong/damaged parts status from the Buyer, the Seller will provide spare parts for replacing, The tank gasket will be replaced on condition that fluids applied are not erosive.

In any circumstance beyond the control of each side, which affect the obligation to perform all or part of the contract, the allotted time to perform the obligation will be extended by the length of period time as a result of unforeseen circumstances cause The events that (hereinafter referred to as "Force Majeure"), including but not limited to: natural disasters (typhoons, earthquakes, floods ), war, fire, strike.

In case of force majeure, the parties will inform each other about the events of this case, and the possible consequences for the performance of this contract within 20 days of the occurrence of events Delivery time in this case will be extended with the consent of both parties If the situation caused by force majeure lasts longer than 6 months, the terms and conditions of the contract will be considered a reasonable and harmonious unity between the two parties `

ARTICLE 6: OTHER CONDITIONS 6.1- Both contracting parties shall amicably settle all disputes arising out in connection with the execution of this contract by mutual consultation in good faith in the spirit of cooperation If an amicable settlement cannot be reached between 2 parties, the decision of the arbitration of Vietnam International Arbitration Center attached to the Chamber of Commerce and Industry of Vietnam shall be final and binding on both _ „ sides.

6.2- Any change or alteration of this Contract must be agreed between the two Parties in writing.

6.3- Charges and costs occurring from the fault of any Party must be borne by that Party.

6.4- This Contract is signed by fax/email, comes into force from the date signed contract.

0r-and on behalf of the Buyer For and on behalf of the Seller

ANALYSIS AND FINDINGS

Methods to translate legal language

Guessing Lookmgup Usetranslation Translating Asking forhelp dictionary apps word-by-word

Figure 6: Frequency of applying methods when having difficulties in translating legal language

The graph demonstrates well the data on how often students use these types of methods when having difficulties in translating legal language in international commercial contracts It can be obviously seen that all methods are high- frequently used Most students “always” look up dictionary or use translation apps, even an advanced translator apply this method These two methods are the most simple and common ones That is the reason why they take up the highest percentage — more than 60% of 52 Using translation apps is quicker than looking up dictionary, on the other hand, dictionary is more precise than translation apps.

In a dictionary, a word is clearly defined and explained the use of it.

Alternatively, the usefulness and convenience of translation apps are undeniable.

Whereas dictionary can translate a word, translation apps can translate a sentence, even a paragraph There are a number of translation apps such as: SDL Trados, Google Translate, Microsoft Translator, Trip Lingo, iTranslate, Reverso, Siri, SayHi These apps support a lot for not only skillful translators but also beginner However, their disadvantage is from word of choice which is sometimes incorrect Guessing is also a popular way Actually, it the first technique that translators and students both use since it helps to remember new words better and it is the fastest way Most prefer this method The proof is that

Nguyễn Thu Anh — 11160342 — Business English 58A no one chose “never” or “rarely” on this answer Translating word-by- word takes up for the highest percentage in “rarely” — about 30% Since this method making the process of translating slower is not highly — correct, it is not be applied in the complex sentences — a prominent feature of legal language Asking for help is the only approach that a small percentage of translators — almost 10% refuse to use.

On the contrary, the rate of “sometimes” in asking for help is highest out of all It appears that translators consider this way as a last resort, because they want to work independently their own translation.

4 Summary of difficulties and their causes

To sum up, every student has more than one problem when translating legal language There are two main problems: shortening of vocabulary and knowledge Diversity vocabulary is mentioned on this study: Archaisms, Technical Terminology, Foreign words and Synonyms All of these are typical characteristics of legal language Some are distinctively used in legal texts It is reasonable if a student has never translated commercial contracts, it is hard to know about this kind of words Understanding of legal system documents needs time to read and learn because each country has different law system The biggest reason for two primary problems is that the lack of experiences The number of students who do my survey is 44 out of 46 For some students, their knowledge about legal English is zero, a few even asked me what legal language means in Vietnamese They used to translate many kinds of documents in fields such as education, finance, literature and so on but having no practice in commercial contracts However, they have the basis of translation skill since they are the seniors of Business English department, they have to create opportunities to translate to improve and extend their skills and knowledge.

RECOMMENDATION

It is oblivious that it is not easy to translate legal language in commercial contracts since the process of translation that is complex involves completely proficient skills and wide knowledge in variety of fields Based on the findings on the difficulties of translating legal terms, some recommendations are offered as useful ways to be able to deliver the best translations.

1 Frequently updating information and reading books

For legal language to be conveyed correctly, clearly and accurately, translators must have a deep knowledge of the legal system It is important to have a thorough understanding of the legal system, which help translators avoid translating incorrect information Legal translators have the responsibility to translate the main context precisely and faithfully Translating legal language is not simply replacing words Legal language includes many types of specific terms Word choice influences much in legal document since every detail in contracts is about exact in law A small wrong misinterpretation can lead to complicated problem In addition, translators must enhance an academic knowledge of a variety of fields It is recommended to read books on the topics of commerce, business, and economics in foreign language to enhance the translators’ true understanding on that language, which later, as a result, facilitates the translating process they conduct General knowledge is necessary for translators General knowledge helps to recognize errors in text Translators should update the information and the newest rules as much as possible to achieve the highest accuracy in commercial contracts.

2 Creating habit of taking notes new words

Vocabulary is the primary problem as it is the main characteristics of legal language If seeing a new word, taking note is necessary Translators have to understand what kind of this word, its meaning and purpose The most important is to respect and be loyal to every small detail and length of the document to be translated Paying attention to every word, make right choice of word is compulsory because law is the precision and truthfulness Legal translators should thoroughly understand the contract they translate before beginning the translation process In other words, translators have to be completely aware of purpose and intention of translated materials What type of this commercial

Nguyễn Thu Anh — 11160342 — Business English 58A confract, what the contract aims at, which translators have the obligation to make clear This due to the fact that the purpose of document will affect directly the approach translators use to transfer the context For complex sentences, rearranging sentences clearly helps to analyze the composition to understand the sentence's exact meaning.

3 Practicing as much as possible

Last but not least, the more you practice, the more you are skillful By translating continuously can support translators gain more experience Repeating an action helps to realize their weakness in translating, from that point, finding the solutions that are the most suitable There are two approach to practice more: self-awareness or obligatory The regular practice assists in increasing the ability to memorize vocabulary, especially terms relating to legal English On the other hand, working in such environment involving translation as well as frequently reading more related documents in both SL and TL is the methods that translators recommend the most Overall, there are two main factors that absolutely influence the level of a translator: diligence and carefulness Just by looking at a translated document can evaluate whether two these features relates or not Legal translators in particular and translators in general need to be more hard-working to get more experience and more deliberate to gain the accuracy in commercial contracts.

CONCLUSION

The research is conducted with a view to indicating the difficulties in translating legal language in international commercial contracts and giving out some recommendations to the identified problems First, general knowledge about translation and types of translation are clearly mentioned Besides, the study has been kept on the right track to answer the set research questions.

Basing on the apparent characteristics of legal English, some problems have been found out: lack of knowledge, difficulty in understanding meaning of diversified kinds of vocabulary, which are Archaisms, Synonyms and near synonyms, Technical terminology, Foreign words as well as Complex sentences Owing to the questionnaire, a lot of translators’ concern about legal English this survey has been collected From these opinions, this study provides some useful methods to help legal translators find easier way to do their work Firstly, translators have to enhance more specific knowledge about legal system Moreover, they should update information regularly in case the change in law can happen Secondly, showing consideration for the translated materials is necessary Because law is the truth, translators must examine every detail, even the smallest one Lastly, the frequent practice is important To become a better translator, on one side, translator should realize the weakness and on the other side, be more hard- working to correct it.

It is undeniable that the process of research is conducted in a careful and logical way; however, there are still some noticeable problems Because of limit in time, the research only focuses on analyzing the term “legal language” in international commercial contracts There are other terms involving in contracts such as: delivery term, financial term or commercial terms, which are not mentioned to analyze in commercial contracts Moreover, suggestions may be not complete enough and not be a comprehensive strategy for readers The object of this research is mostly senior students in Business English department, in other words, it can be said that the translation skills are not complete enough, which may lead to inaccuracy in results of survey.

What can still be done towards into the legal language translation is to find out more difficulties and some solutions to them For further study, it will be better if another term is analyzed and surveyed in international commercial

Nguyễn Thu Anh — 11160342 — Business English 58A contracts; or in other kinds of contracts., readers can better understand the effectiveness of using diversity of terms in contracts.

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QUESTIONNAIRE

How often do you hear about the term “legal language”?

How often do you translate international commercial contracts?

3 How do you evaluate the difficulty in translating legal language in international commercial contracts? o Very easy o Easy o Normal o Difficult o Very difficult4 Reason for your evaluation.

This Agreement shall be governed by, and construed in accordance with, the law of England.

In consideration of the Licences and technical assistance provided herein, the Joint Venture Company shall pay Party A technical assistance fees in USD.

IN WITHNESS WHEREOF, the parties hereto duly executed this agreement this 22nd day of May two thousands and twenty.

Subject to the terms to this Agreement, the Producer agrees to be bound by the terms to the following marketing agreement.

In any circumstance beyond the control of each side, which affect the obligation to perform all or part of the contract, the allotted time to perform the obligation will be extended by the length of period time as a result of unforeseen circumstances cause.

What difficulties do you encounter when translate above sentences as

well as legal language in international commercial contracts? (you can choose more than one) o The lack of knowledge o Archaisms o Synonyms and near synonyms o Technical terminology o Complex sentences o Foreign words

7 How often do you face these problems?

The lack of knowledge Archaisms

Complex sentences Technical terminology Foreign words

What methods do you use when having difficulties in translating legal

language in international commercial contracts? How often do you use them?

Never Rarely | Sometimes | Always Guessing

Looking up dictionary Using translation apps

Could you recommend some solutions to improve skills in translating

legal language in international commercial contracts?

How often do you hear about the term legal language?

2 How often do you translate international commercial contracts

3 Translators’ opinions about the difficulty in translating legal language

The number of students and translators translate five example

First example 33 (out of | 2 (out of 2) | 66% 100%

5 Difficulties in translating legal language in international commercial contracts

6 How often do you face above problems?

Tiêu đề	A Study On Translation Of Legal Language In International Commercial Contracts
Tác giả	Nguyen Thu Anh
Người hướng dẫn	Tran Thi Thu Giang, M.B.A
Trường học	National Economics University
Chuyên ngành	Business English
Thể loại	Graduation Project
Năm xuất bản	2020
Thành phố	Hanoi

Định dạng
Số trang	50
Dung lượng	18,24 MB