Strategii In Traducerea Contractelor de Afaceri

Economie

Strategii In Traducerea Contractelor de Afaceri

Byadmin ianuarie 1, 2024

PROIECT DE LICENȚĂ

Strategii in traducerea contractelor de afaceri (studiu de caz)

CONTENTS

INTRODUCTION

I. GENERAL KNOWLEDGE ABOUT THE STYLE AND STYLISTICS.

II. STRATEGIES IN TRANSLATING BUSINESS CONTRACTS

II.1. The Peculiarities of Translating Business Letters

II.2. The Comparative Analysis of English and Romanian Contracts

CONCLUSION

BIBLIOGRAPHY

APPENDIX

INTRODUCTION

What is the style in language? How is it produced? How can it be recognized and described? Is it a general feature of language? All these questions we are going to discuss in this License Project.

The style of business documents such as contracts, business letters and etc. is an important topic for the discussion, because it is unique in its way and plays a great importance of business rules, it should be analyzed and explained in details. We will try to prove that the style of the business documents is a unique combination of language units, expressive means and stylistic devices peculiar to a given field of activity.

So, taking into consideration all these facts we put the following objectives for our investigation: to give the general knowledge of style and Stylistics; how the style of the business contracts might be defined with the reference to the language use in particular; to follow the translation peculiarities of business documents; and to make the analysis of business contracts’ translation comparing English and Romanian variants of contracts.

According to this, our goals are the following:

– to prove that the style of business contracts is an unique one;

– to demonstrate that writer’s work under the certain contract must be easily recognizable for every part of the contract;

– to prove that business contracts’ language should be applied with all the peculiarities of its purposes.

So, our main task is to look, firstly, at the factors which underpin advice on effective style, and then in detail to follow the ways in which the language code can be handled to achieve the aim of comfortable, readable writing. We intend to offer both reason and example to support our advice.

The novelty of our research is to prove that like other styles of the language, the style of Official Documents and namely, the Style of Business contracts, has a definite communicative aim and accordingly, has its own system of interrelated language and stylistic means. The aim of this type of communication is to state the conditions binding two parties in an undertaking. In this style, the words are used in their logical dictionary meaning. There is no room for contextual meanings or for any kind of simultaneous realization of two meanings. The words with emotive meanings are not to be found in the style of Business contracts either.

GENERAL KNOWLEDGE ABOUT THE STYLE AND STYLISTICS

I.1. The Introduction Into the Style of Official Documents

A business correspondence item as a written communication act is subject to strict drafting rules as to its form, while its content usually does not extend beyond a definitive framework of business – related realities. Hence, Business documents may be regarded as highly coherent written communication acts allowing no vague connotation, which semantic structure is expanded and précised by abundant usage of considerable terminology stratum [2, p.27].

The degree of coherence may insignificantly vary depending on the form and content of these messages, however, their pronounced business character allow almost no deviation from the established written practice, and thus, it is not too wide in a range of possible semantic connotation, to say nothing of any subtext.

That is why Business documents may be regarded as highly formalized special texts reflecting an ancient sphere of human activity- trade- which allow no vague semantic connotation in the force of their social function. A considerable degree of formalization of both form and content of Business Contract items makes it possible to operate within a wide range of conventional clichés of definite semantic potential that are easily recognized by the target auditorium in the process of Business Contract exchange. In order to facilitate the letter, a wide variety of Business textbooks, guidebooks, deskbooks ,etc, have been published in the world, and each of them contain new details, notations, clichés and phrases, which attest to the fact that, as any other act of communication, Business Contracts consist of the subject which can be changed and developed according to its needs [3, p.47].

With the evolvement of new linguistic norms of verbal communication , these are sure to gradually penetrate into the sphere of specialized written communication and occupy their semantic niche, as in the case of terminology associated with new social and technical phenomena, and initially adopted as colloquialisms and jargonisms (e.g. “telex”, “fax”, “e-mail”, a number of abbreviation, computer- related terms, etc) among native speakers of given language, to further acquire an internationally adopted character , and provoking no misinterpretation by the parties involved in the exchange of Business Contract communications all over the world.

Thus, the correlation of verbal- written communication acts has produced a certain “democratization” of the latter easily traced with contemporary Business Contracts, but with no detriment of semantic and physical properties (e.g. target auditorium, document length, “genre” or lay – out) of a conventional Business Contract item. In any case, regardless of the time and stylistic peculiarities of its drafting, no Business Contract message would need an apparatus of references to explain the structure of its semantic connotation to a subsequent reader [1, p.23].

Full of neutral and literary (common and special) vocabulary in any Business contract one can find words with emotive coloring: top, most, giant, screams of agony, scandalous, frightening, rapacious , alas; colloquial vocabulary units: to sack , fat, instances of linguistic imagery: this golden handshake, stratospheric increases, etc. All these lexical means are highly emotive and thoroughly evaluative. Emotional coloring in editorial articles are achieved with the help of various stylistic devices, both lexical and syntactical, the use of which is largely traditional. Editorials abound in trite stylistic means, especially metaphors and epithets, e.g. international climate, a price explosion, a price spiral, a spectacular sight, an outrageous act, brutal rule, an astounding statement, crazy policies.

Most stylistic means are commonly used in the newspaper have become clichés. But genuine stylistic means are also sometimes used, which helps the writer of the editorial to bring his idea home to the reader through the association that genuine imagery arouses. Practically any stylistic device may be found in editorial writing, and when aptly used, such device proves to be a powerful mean of appraisal, of expressing a personal attitude to the matter in hand, of exercising the necessary emotional effect on the reader [4, p. 84].

I.2. The Concept of the Language of Official Documents

There is one more style of language within the field of standard literary English which has become singled out, and that is the style of official documents, or “officialize”, as it is sometimes called. As has already been pointed out, this functional style is not homogenous and is represented by the following sub styles or variants:

1. The language of business documents,

2.The language of legal documents,

3. That of diplomacy,

4. That of military documents.

Like other styles of language, this style has a definite communicative aim and, accordingly, has its own system of interrelated language and stylistic means. The main aim of this type of communication is to state the conditions binding two parties in an undertaking. These parties may be: the state and the citizen, or citizen and citizen; a society and its members; two or more enterprises or bodies; two or more governments; a person in authority and a subordinate, etc.

The aim of communication in this style of language is to reach an agreement between two contracting parties. Even protest against violations of statutes, contracts, regulations, etc, can also be regarded as a form by which normal cooperation is sought on the basis of previously attained concordance [3, p.85].

The most general function of the style of official documents predetermines the peculiarities of the style. The most striking, though not the most essential feature, is a special system of clichés, terms and set expressions by which each sub style can easily be recognized, for example: “I beg to inform you, I beg to move, I second the motion, provisional agenda, the above-mentioned, hereinafter named, on behalf of, private advisory, Dear Sir, We remain, your obedient servant” [4, p.75].

In fact, each of the subdivisions of this style has its own peculiar terms, phrases and expressions which differ from the corresponding terms, phrases and expressions of other variants of this style. Thus in finance we find terms like extra revenue, taxable capacities, liability to profit tax. Terms and phrases like high contracting parties, to ratify an agreement, memorandum, pact, Charge d’affaires, protectorate, extra- territorial status, plenipotentiary will immediately brand the utterance as diplomatic. In legal language, examples are: to deal with a case; summary procedure; a body of judges; as laid down in.

Likewise, other varieties of official language have their special nomenclature, which is conspicuous in the text and therefore easily discernible as belonging to the official language style [6, p. 36]. Beside the special nomenclature characteristic of each variety of the style, there is a feature common to all these varieties- the use of abbreviations, conventional symbols and contractions, for example:

M.P.(Member of Parliament), Gvt (government), H.M.S. (His Majesty’s Steamship), $ (dollar), Ltd (Limited).

There are so many of them that there are special agendas in dictionaries to decode them. This characteristic feature was used by Dickens in his “Posthumous Paper of the Pickwick Club; for instance, P.V.P., M.P.C. (Perpetual Vice-President, Member Pickwick Club); G.C.M.P.C. ( General Chairman, Member Pickwick Club).

Abbreviations are particularly abundant in military documents. Here they are used not only as conventional symbols but as signs of the military code, which is supposed to be known only to the initiated. Examples are: D.A.O. (Divisional Ammunition Officer); adv. (advance); atk (attack); obj. (object); A/T (anti-tank); ATAS (Air Transport Auxiliary Service).

Another feature of the style is the use of words in their logical dictionary meaning. Just as in the other matter-of-fact styles, and in contrast intrinsically to the belles-letters style, there is no room for contextual meanings or for any kind of simultaneous realization of two meanings [3, p.72]. In military documents sometimes metaphorical names are given to mountains, rivers, hills or villages, but these metaphors are perceived as code signs and have no aesthetic value, as in:

“2. 102 d. Inf. Div. continues atk 26 Feb. 45 to captive objs Spruce Peach and Cherry and prepares to take over objs Plum and Apple after capture by CCB, 5th armd Div.”

Words with emotive meaning are not to be found in the style of official documents either. Even in the style of scientific prose some words may be found which reveal the attitude of the writer, his individual evaluation of the facts and events of the issue [5, p.63]. But no such words are to be found in official documents style, except those which are used in business letters as conventional phrases of greeting or close, as “Dear Sir”, “your faithfully”. As in all other functional styles, the al evaluation of the facts and events of the issue [5, p.63]. But no such words are to be found in official documents style, except those which are used in business letters as conventional phrases of greeting or close, as “Dear Sir”, “your faithfully”. As in all other functional styles, the distinctive properties appear as a system. We cannot single out a style by its vocabulary only, recognizable though it always is. The syntactical patter of the style is as significant as the vocabulary, though not perhaps so immediately apparent. Perhaps the most noticeable of all syntactical features are the compositional patters of the variants of this style. Thus, business letters have a definite compositional pattern, namely, the heading giving the address of the writer, the date, the name of the addressee and his address. Here is a sample of a business letter:

Smith and Sons

Main street 25

Manchester

9th February, 1977

Mr. John Smith

29 Cranbourn St

London

Dear Sir,

We beg to inform you that by order and for account of Mr. Julian of Leeds, we have taken the liberty of drawing upon you for $25 at three months’ date to the order of Mr. Sharp. We gladly take this opportunity of placing our services at your disposal, and shall be pleased if you frequently make use of them

Respectfully yours, Smith and Sons

By Jane Crawford

There is every reason to believe that many of the emotional words and phrases in present-day commercial correspondence which are not merely conventional symbols of polite address, did retain their emotive meaning at earlier stages in the development of this variety of official language [5, p.84].

Here is an interesting sample of business letter dates June 5, 1855:

Mr. G. Dury to Secretary Tharloe,

Right Honorable,

The Commissary of Sweden, Mr. Bormel, doth most humbly intreat your honour to be pleased to procure him, his audience from his highness as soon as conveniently it may be. He desires, that the same be without much ceremony, and be way of private audience. I humbly subscribe myself.

Your Honour’s most humble and obedient servant

G. Dury

June, 5, 1855.

Such words and word-combinations as “most humbly,” “intreat”, “I humbly subscribe”, “most humble and obedient servant”, and the like are too insistently repeated not produce the desire impression of humbleness so necessary for one who asks for a favour. Almost every official document has its own compositional design. Pacts and statutes, orders and minutes, notes and memoranda- all have more or less definite forms, and it will not be an exaggeration to state that the form of the document is itself informative, as it tells something about the matter dealt with (a letter, an agreement, an order, etc) [2, p.84].

I.3. The Readability Principles of the Language of Business and Science

The word “style” is usually associated with literary writing. We are conscious that now we are offered to discuss style which will remind many of our readers of school poetry lessons; but to have style in the sense we use in this chapter does not mean to be “florid” or “ornate”; it is to adapt the language code to particular ends. Language can be used for a variety of purposes; it can, among other things, announce or warn (notice), instruct (operating instructions), persuade (advertising), and inform (reports and articles). What is efficient in writing, so, it can be measured only in relation to the purpose of the writing [3, p.83]. If the purpose is to give pleasure, then attractiveness becomes one of the criteria of the efficient manipulation of the code; but the purpose is to warm or to instruct, then notices like “Keep off the grass” are admirable. We are concerned in this chapter solely with effective style for the communication of information; what is efficient for this context is what is clearest and quickest. Style for functional writing should be unobtrusive, an invisible medium, like a window pane through which the information can be clearly seen. Effective style will contain a variety of structures and usages, and will not ban any feature of the language code. Many books on writing stress that scientific style must be simple, clear and concise. Indeed our readers, most of whom must have heard such advice at some time, might be forgiven for thinking that there was nothing else to say [5, p.87]. We intend to offer both reason and example to support our advice. We shall look first at the factors which underpin advice on effective style, and then in detail at the ways in which the language code can be handled to achieve the aim of comfortable, readable writing. Much research has been done to discover what it is that makes some pieces of writing more difficult to read than others. It is everyone’s experience that some writing –for instance a Harold Robbins novel – is so easy to read it can be difficult to put down. But some writing is so difficult to read that as we push ourselves through it we develop a headache. Too many textbooks and scientific papers falls into the second category. There are also, of course, types of writing which fall between these two extremes. Each of us would like his or her writing to be readable; but how should we go about ensuring this? The first stage in acquiring an effective and readable style is to understand the factors which contribute to unreadable writing [2, p.91]. In analyzing the factors which affect readability, we can distinguish three components: writer, text and readers. First the writer, principally by careful selection of material, by organization, signposting and variation of emphasis, affects the readability of the text. If the writer’s choices accurately reflect the interest, needs and prior knowledge of the readers, the text is more likely to be readable. Second, the text itself affects readability. Both the language (structures and vocabulary) and the physical appearance (layout, headings, white space) contribute to the efficiency of the communication. Thirdly, the readers motivation and attitudes contribute to their responses to the text. For example, someone with a bet on the Derby finds the racing results highly readable, though they are hardly a model of prose for report writing. Most scientific and technical writing is read because reading it is part of job [4, p.93].

Readability research shows that long sentences make texts more difficult for readers to absorb. Almost all readers experience this, although they may not identify its cause. Many readers are so generous that they attribute their growing discomfort to lack of concentration or ability. They may also think that a difficult subject, rather than a difficult style makes their task so unpalatable. But the effect of sentence length on readability is indisputable. Try to read this sentence:

“The coil pump supplies eluent phase at column pressure to the injection valve by way of a cut off valve activated by either a power failure or by a digital output from the computer, the digital output operating a relay switching the electrical supply to the valve, which has two solvent passages and is arranged such that the eluent phase can flow through one whilst the sample passes through the other, injection being achieved by switching the slide valve by a pneumatic controller operated by means of a signal switch from the timer unit of the Cecil sample charger” [3, p.74].

We doubt if many readers can grasp this without reading it through more than once. Yet it is not the technical content that is the source of difficulty, and only the word ‘eluent’ is likely to be unfamiliar to the most technical audiences. Long sentences are difficult because of the way in which we read. After reading a paragraph of text, we do not remember every word, but retain ideas, facts and images. Long sentences, such as the example we just used, overfill the short-term memory and the information is lost. Observe what readers do when a sentence is too long. Most go back to the beginning, and start to re-read; but they usually do not re-read the whole sentence. They simply refresh their memory of the opening part of the sentence. If readers are in a hurry, they will not spare time to go back to the beginning of every long sentence; they take a guess at the meaning, and carry on. Many writers feel that long sentences are inevitable if complex interaction have to be expressed. This is a mistake. any subject can be broken up into longer or shorter items of information at will, and the determining factor is how much the reader can comfortably absorb, not how much information is “logically” joined together. All the information on complex subject is logically connected, and could therefore in theory be expressed in one sentence. Sentence length and structure are important influences on readability. Because readers cannot retain large numbers of words at once, sentences must be manageable; but what is manageable depends on the complexity and density of the information and the reader’s familiarity with it [4, p.28].

The second factor that affects readability is the use of long and unfamiliar words. We must define what we mean by long words. Some words with many syllables are quite familiar- for instance ‘electricity’. It is the unfamiliarity of a word in combination with its length which makes it less easy to read. Linguists have made words lists which list the frequency with which words occur. Writing which uses long, unfamiliar words is more difficult to read: ’This work has involved the acquisition of skills and techniques required when working with….” Words like ‘involve’. ‘acquisition’ and ‘ required’ are longer than are needed to do the job. The writer could have written more readably: ”In this work we have learned new ways of working with…..”.

Many unusual words are chosen by writers for the air of intellectuality they give to the writing. Yet such words are often awkward and distracting:

“……with adequate ancillary labor to assist….(…with enough extra labor to help…),

“The precise mechanism responsible for this antagonism cannot be elucidated…” Readers are usually not impressed by such words. These words are not objectionable because readers cannot understand them. Even if most readers eventually understand, areas of uncertainty will remain; and virtually all readers find reading texts which contain such words more difficult. Such words are rarely used in everyday language and they should remain so where no other words will convey the exact meaning, then they have a place, but where familiar, everyday words are available to do the same job, the everyday words should be used [4, p.90].

Long words often confuse readers. The precise meaning of each word may not be clear. The words may be high order generalizations which have no single concrete meaning, but cover a large number of related activities. Thus ‘assay’ can mean to measure, estimate, weigh, analyze, try the purity of, or to attempt. Long words are also used in the hope of impressing readers [3, p.62].

The advice to avoid long and unfamiliar words is not a ban on jargon. Jargon is a short and convenient way to name new ideas and concepts. The phrase “update” seems to us an excellent and brief way to say ‘to revise and edit so as to bring up to date’. New ideas or new objects need names, and a new name is better than a long string of old ones. But technical words are often used not for these reasons, but to create a spurious impressiveness:” Each task is assigned a maximum period of time, or time quantum, for which it may run”. The word ‘quantum’ adds nothing to the content, and disturbs the readers’ trust in the writer’s good intentions. Jargons words are sometimes added entirely unnecessarily:’….the dilution follow sequentially down the series….’, where the word ‘series’ makes the word ‘sequentially’ redundant. Misused jargon, especially where it is derived from everyday language, can often lead to thoughtlessly funny statements: ’To end a terminal session, the user logs out…’. A terminal session is not the last big shoot- out in a Western, but a period of work at a computer terminal [4, p.92].

Impersonal constructions are ambiguous therefore introduce a worrying uncertainty. In commercial organizations, who made the decision may be important. To allow the identification to go by default is to buy anonymity at a high price.

The use of rigidly impersonal constructions in scientific and technical documentation is gradually dying. Both civil service and armed services writing now contain personal pronouns. If you belong to an organization which still bans personal pronouns in its documents, or if you have been convinced that they are inappropriate in scientific writing, we would ask you to rethink your reasons for this belief. Readability research shows that writing containing personal pronouns is, on the whole, easier to read. The circumlocutions, passive constructions, and omissions required for impersonal writing absorb extra energy in decoding the message. When writing, and especially when editing, we have to take into consideration the following points:

To avoid over long sentences and try to use a vocabulary which is simple while still being exact. To avoid misuse of jargon and thoughtlessly abstract words where concrete ones convey the exact meaning [3, p.72]. To think again about roundabout, wordy phrases, the over-use of passive structures, and the temptation to use regular nominalization. Try also to use personal pronouns where they are appropriate.

Draft your documents, and then read through, looking for the types of clumsiness; it is possible to acquire considerable skill at seeing and correcting stylistic ineptitudes.

STRATEGIES IN TRANSLATING BUSINESS CONTRACTS

II.1. The Peculiarities of Translating Business Letters

Like other official documents business letters also make part from this field. We can distinguish different types of business letters: a) Inquire letter; b) Reference letter; c) Refusal letter; d) Resignation letter; e) Acceptance letter; f) Adjustment letter; g) Acknowledgment letter; h) Application letter; and i) Complaint letter.

All these letters have their own characteristics which must not be mixed up. A letter consists of a number of parts, each of them is essential to the letter, or contributes in some way to its impact on the recipient [4, p.73].

We may list them as follows: a. The heading; b. The inside name and address; c. The salutation; d. The subject heading; e. The opening paragraph; f. The body of the letter; g. The closing paragraph; h. The complimentary close; i. The signature block. j. Enclosures and copies.

Date. The date line is used to indicate the date the letter was written. However, if the letter is completed over a number of days, it is used the date when it was finished in the date line. When writing to companies within the United States, it is used the American date format. The United States-based convention for formatting a date places the month before the day.

Example: June 11, 2006.

It is written out the month, day and year two inches from the top of the page. Depending which format it is using for the letter, either left justify the date or center it horizontally.

Sender’s Address. Including the address of the sender is optional. If it is chosen to include it, the address is placed one line below the date. The sender’s name is not written or title, as it is included in the letter’s closing. It is included only the street addresses city and zip code. Another option is to include the sender’s address directly after the closing signature.

The Heading. Contains the writer’s address and the date of the letter. The writer’s name is not included and only a date is needed in heading.

The inside name and address. At the top a letter, below the references and the date, the secretary types the ,,inside name and address”. This is the name and address of the person to whom the letter is to be sent: the addressee.

The inside address is the recipient’s address. It is always best to write to a specific individual at the firm to which the author is writing. If he doesn’t have the person’s name, it is done some research by calling the company or speaking with employees from the company. It is included a personal title such as Ms., Mrs., Mr., or Dr. It is followed a woman’s preference in being addressed as Miss, Mrs., or Ms. If there is a possibility that the person to whom the author is writing is a Dr. or has some other title, then it is used that title. Usually, people will not mind being addressed by a higher title than they actually possess. To write the address, it is used the U.S. Post Office Format. For international addresses, it is typed the name of the country in all-capital letters on the last line. The inside address begins one line below the sender’s address or one inch below the date. It should be left justified, no matter which format the author is using [6, p.72].

A typical address could be: Mr. T. Williamson

67 Camside
Church Street
Chesterton
CAMBRIDGE
CB4 1 PQ

The name and address is typed in exactly the same way as on the envelope, in single spacing, with the town typed in capital letters. Each part of the address is written on a new line, including the postcode.

The salutation. A salutation is a greeting. It appears at the start of a letter and will usually be formal such as: Dear Sir, Dear Sirs, Dear Madam, Dear Mr. Brown. Dear Mrs. Smith, etc. On a less formal note the secretary may be asked to type in the word Dear … leaving the first name of the addressee to be filled in by the signatory when the letter is signed. This method also requires a change to the complimentary closure of the letter. Some types of letter are addressed to the world at large, for example a testimonial given to an employee who is applying for a post elsewhere. A suitable salutation in such circumstances is ,,To whom it May Concern”. It is used the same name as the inside address, including the personal title. If the author knows the person and typically address by the first name, it is acceptable to use only the first name in the salutation.

Example: Dear Lucy

In all other cases, however, it is used the personal title and full name followed by a colon. One line blank is leaving after the salutation.

If the author doesn’t know a reader’s gender, it is used a nonsexist salutation, such as "To Whom it May Concern."

It is also acceptable to use the full name in a salutation if the author cannot determine gender. Example: Dear Chris Harmon

The subject heading. The subject heading is inserted after the salutation. A subject heading should not end with a full stop. Typical subject headings would be:

SALE OF PROPERTY IN THE RIVERSIDE DISTRICT or

Catalytic Cracking Tower: Annual Shut — down

The opening paragraph. The opening paragraph is often only a simple sentence. It is introductory in nature and frequently refers to a previous letter, or course of dealings. It should always be courteous, but it should also set the tone of the letter. This may be friendly, or formal, or it may hint at serious matters which the body of the letter will soon make plain.

The body of the letter. This is the main subject matter of the letter, and is divided into an appropriate number of paragraphs. For block and modified block formats, single space and left is justified each paragraph within the body of the letter. A blank line is leaving between each paragraph. When writing a business letter, the author should be careful to remember that conciseness is very important. In the first paragraph, it is considered a friendly opening and then a statement of the main point. The next paragraph should begin justifying the importance of the main point. In the next few paragraphs, it is continued justification with background information and supporting details. The closing paragraph should restate the purpose of the letter and, in some cases, is requested some type of action.

The closing paragraph. The closing paragraph is again usually a single sentence which reestablishes the atmosphere of courtesy whatever has been the nature of the body of the letter. It is frequently used to signal the action which the writer hopes will follow from the letter. The closing begins at the same horizontal point as the date and one line after the last body paragraph. The first word is only capitalize (example: Thank you) and four lines between the closing and the sender’s name is leaving for a signature. If a colon follows the salutation, a comma should follow the closing; otherwise, there is no punctuation after the closing.

The complimentary close. The complimentary close comes at the end of the letter. It usually consists of two words only: Yours faithfully, Yours truly and Yours sincerely being commonly used. Only the first word, Yours has a capital letter. The correct complimentary close to be linked to particular forms of salutation is shown in the table below. Small variations will be found in practice.

Salutation Complimentary close

Dear Sir, Dear Sirs, Dear Madam, Madam, Mesdames Yours faithfully or Yours truly

Sir, Gentlemen, Madam, Mesdames Your obedient servant or Yours respectfully

Dear Mr. Jones, Dear Mrs. Jones, Dear Miss Jones, Yours sincerely, or Yours truly

Dear , (the first name being written) A suitable handwritten close

The signature block. The signature block consists of the actual signature, the typewritten name of the signatory (since many signatures are almost illegible) and the official position of the signatory through the latter may be omitted if it is known to the addressee.

Enclosure and copies. If a correspondent refers in the body of a letter to the fact that some enclosure is to accompany the letter, such as a brochure, pro-forma invoice, price list, road map for access to premises, etc the signature block is followed by a reference to the fact that enclosures are included in the letter. This takes the form of the abbreviation for enclosures, written as ENC, Enc or inc. Thus a typical enclosure might read : Enc
1. Price list
2. Terms and conditions of sale.

When carbon copies are taken with a view to sending them to interested parties it is usual to indicate the circulation list at the foot of the letter. The notification may read copies to: or distribution or most commonly cc : (copies circulated to).

Typist initials. Typist initials are used to indicate the person who typed the letter. If the author typed the letter himself, then it is omitted the typist initials.

A note about format and font. When writing business letters, the author must pay special attention to the format and font used. The most common layout of a business letter is known as block format. Using this format, the entire letter is left justified and single spaced except for a double space between paragraphs. Another widely utilized format is known as modified block format. In this type, the body of the letter is left justified and single-spaced. However, the date and closing are in alignment in the center of the page. The final, and least used, style is semi-block. It is much like the modified block style except that each paragraph is indented instead of left justified. Another important factor in the readability of a letter is the chosen font. The generally accepted font is Times New Roman, size 12, although other fonts such as Arial may be used. When choosing a font, always consider the audience. If it is writing to a conservative company, it may use Times New Roman. However, if it is writing to a more liberal company, then the author has a little more freedom when choosing fonts [4, p.81].

As far as punctuation after the salutation and closing is concerned, the standard is to use a colon after the salutation (never a comma) and a comma after the closing. There is also a less accepted format, known as open punctuation, in which punctuation is excluded after the salutation and the closing. The form of a business letter is simple, understandable and concrete. It consists of the main point of the structure of the letter. A business letter is more formal than a personal letter. It should have a margin of at least one inch on all four edges. And all these rules must be strongly respected [4, p.40].

II.2. The Comparative Analysis of English and Romanian Contracts

A contract is an agreement between two or more persons (individuals, businesses, organizations or government agencies) to do, or to refrain from doing, a particular thing in exchange for something of value. Contracts generally can be written, using formal or informal terms, or entirely verbal. If one side fails to live up to his/her/its part of the bargain, there's a "breach" and certain remedies for solving the differences are available. The terms of the contract – the who, what, where, when, and how of the agreement – define the binding promises of each party to the contract [3, p.84]. A good contract is a win-win deal. It must pass three basic tests…

1. Everyone gets what they want out of it.

2. Everyone is assured of equal measures of protection should the other party or parties fail to meet their obligations (through malice, incompetence, or simple circumstance)

3. It should be as simple as possible, and unambiguous.

So, the part should remember:

1. Everyone wins. Everyone gets what they want, feels good and warm and fuzzy, and rides off into the sunset at the end of the day.

2. Everyone is protected.

3. Simple and unambiguous. The part can sacrifice some of the former for the latter, but if it can't be said fairly simply, maybe it shouldn't be said at all….Or needs to be said in more clauses. Sometimes the part has to list a series of steps (like a program) to describe – say – dispute resolution. Better to have 30 little clauses in order, than a compound sentence with badly blocked semicolons. If it can mean more than one thing, you can be guaranteed that it will [4, p.92].

There are different types of contracts. Let’s take and analyze a contract of sale for example.

A contract of sale is a legal contract an exchange of goods, services or property to be exchanged from seller to buyer for an agreed upon value in money paid or the promise to pay same. It is a specific type of legal contract [5,p.71].

The Form of the Contract of Sale

The analysis of the contract

This contract for sale, hereinafter referred to as "Contract" or "Agreement", is executed this 4th day of January 19, referred to as "Seller", and referred to as "Buyer", between Generalexim SRL and Universal Trade INC.

Mr. Ion Ionescu, hereinafter referred to as the “Seller” is the owner of Seller's goods, situated and located in County Romania, at Blvd. Luminii 3, Bucharest Sect.

1.Mr. John A. Johnson, hereinafter referred to as the “Buyer” residing in County USA, at 15 Ave, 100 Suite Bayside New York 11100.

“Buyer” means a person who buys or contracts to buy goods.

“Seller” means a person who sells or contracts to sell goods.

The form of a contract must be simple, generic. It provides a solid starting point for the structure of the contract. Like a house, a contract must have a good, solid foundation.

It is indicated the correct legal names of the parties. As obvious as this is, it is one of the most common problems in contracts. For individuals, include full first and last name, and middle initials if available, and other identifying information.

Example: Mr. Ion Ionescu; Mr. John A. Johnson.

It also makes it easy to describe the contract in other documents in a precise way, such as the month, date, and year.

"January 19, 1990, Contract for Sale."

I’d like to add that the paragraphs are flowed in logical, organized fashion. Each paragraph is completed by writing the contract terms that apply to that paragraph. This is simple. Each article is written from a new paragraph with bold, and the new phrase begins from new row. Example:

Art. 1. Object

Aluminium – 99,5% Al. – lingots in size of 400x100x100mm and 500x100x100mm.

Art. 2. Quantity.

1000 tons of lingots —total quantity, say 500 tons of 400x100x100 mm and 500 tons of 500x100x100 mm, hereinafter referred to as the "goods".

. The Seller is to deliver the goods at no more than a ± 5% allowance of each size.

2. b. Partial deliveries not allowed.

The parties agree to paragraph by paragraph in the contract.

It is kept remembering clauses to add. It is normal to think of additional clauses, wording and issues while writing a contract.

Example:

Seller has sold and agrees to deliver to the Buyer, and the Buyer has purchased and agrees to accept the goods.

The goods: Aluminium – 99,5% Al. -lingots in size of 400x100x100 mm and 500x100x100 mm.

The Seller undertakes to deliver the goods in the quantity and quality as stipulated herein in the Contract with the properties of the sample which was submitted to the Buyer.

The time of delivery is deemed to be 15 April, 19.. the date of the B/L.

The Seller shall notify the Buyer by fax or telex until 15 March 19.., at the latest, that the goods are ready for loading.

Also it is necessary to improve clarity in the contract. Ambiguity is created by saying the same thing more than once. In addition, if the person uses an example to clarify a difficult concept or formula, he must be sure that all possible meanings are considered and that the example is accurate and consistent with the concept as worded and with the help of synonyms to clarify what is the meaning of words which we use in the contract.

Example: The rights and obligations of both parties would be extended for a period equal to that during which such circumstances lasted.

Rights = laws = rights = drepturi

(right is not the meaning of the right side – la dreapta)

The Seller undertakes to deliver the goods….

To undertake = to compel = to oblige= a se obliga

In the contract are used the words concerning to the goods and sale.

Example:

Aluminium, lingots, Buyer, Seller, purchase, agent, goods description, gross/net weight, the goods value, packages, quality, quantity, the factory of the Producer, transportation, precaution, protection, delivery, destination, payment, price, size.

The “contract” is written in short sentences. Short sentences are easier to understand than long ones.

Example: “Contract of sale”

It is used active tense, rather than passive. Active tense sentences are shorter and in the contract are used words more efficiently, and their meaning is more apparent. Example:

The goods are ready for loading.

Delivery terms are 15-19 of April.

Packing

Price

Delivery

The voice of the English verb is expressed by the opposition of the passive form of the verb to the active form of the verb. I’d like to add that in the contract is used as Active Voice as Passive Voice. Example:

The packing consists of RC wooden pallets and must ensure the goods integrity and protection all throughout transportation. (Active Voice).

The Buyer shall bear the costs incurred in amending the DL/C.

The Buyer shall notify by fax or telex 7 days before the vessel's arrival at the port of loading Constantza, the name, the flag and the time of vessel's arrival and the final notification shall be 24 hours before the vessel's arrival.

Example:

The control of goods can be made by the Buyer or his representatives in the factory of the Producer, according to the main manufacturing phases of the respective goods. (Passive Voice)

One copy will be enclosed with the documents accompanying the transport.

One copy will be sent to the Buyer by airmail registered, the moment the goods are dispatched or handed over to the transport agent.

The complex sentence is a construction consisting of the principle and subordination. A clause of conditions is represented in the contract, expressing different explanations of events, reasoning. Example:

If the Buyer fails to notify the Seller of the selected claim within a period under the Contract, shall be entitled to claim as in the case of a non-fundamental breach of the Contract. (Dacă Cumpărătorul nu-1 avizează pe Vânzător asupra reclamației sale, în perioada stabilită prin contract, acesta va fi îndreptățit la reclamații ca și în cazul unei încălcări neesențiale a contractului).

Should any circumstances arise which could be considered as a Force Majeure and which prevent or delay entirely or partially the fulfillment of the Contract provisions, the side affected shall be released from any liability of the period such circumstances last. (Dacă o situație calificată ca forță majoră împiedică sau întârzie parțial sau total realizarea prevederilor contractuale, partea afectată va fi exonerată de răspundere pe perioada în care a acționat forța majoră).

We don’t rely on the rules of grammar. The rules of grammar that we learned at school are not universal. The judge or jury interpreting the meaning of contract may have learned different rules. The contract has to be written so that no matter what rules they learned, the contract is clear and unambiguous.

Example: the form of the contract above “Contract of sale”

When it is written a contract it will not be creative with words. Contract writing is not creative writing and is not meant to provoke reflective thoughts or controversies about nuances of meaning. Contract writing is clear, direct and precise. Therefore, we can use common words, phrase and common meanings.

Example: To undertake = to compel = to oblige = a se obliga

To agree = to accept= a accepta

To ensure = to secure = to protect = a proteja

His point of view= his opinion = opinia lui

In the event = in situation = în situația

The Contract should be consistent in using words. If it is referred to the subject matter of a sales contract as "goods" it uses that term throughout the contract; do not alternate calling them "goods" and "items". Maintaining consistency is more important than avoiding repetition.

What about the grammar and punctuation? The rules of grammar and punctuation it learned may differ from others, but it had better be consistent in the use of them. It should be aware of such things as where it put ending quote marks, whether it places commas after years and states, and similar variations in style. The name of the firms or companies is written with capital letters in the contract.

Example: "January 19, 1990, Contract for Sale."

Blvd. Luminii 3, Bucharest Sect. 1, Romania.

15 Ave, 100 Suite Bayside New York 11100 USA.

“GENERALEXIM SRL”

“THE UNIVERSAL TRADE INC”

Assume the reader is a knowledgeable layman. If the writing is so clear that a layman could understand it, then it is less likely it will end up in court. It is defined a word by capitalizing it and putting it in quotes. Capitalizing a word indicates that it intend it to have a special meaning. The following are two sample clauses for defining terms:

Example: Wherever used in this contract, the word "Goods" shall mean the goods that Buyer has agreed to purchase from Seller under this contract.

Buyer hereby agrees to purchase from Seller 1000 tons of lingots, hereinafter called the "Goods."

It is explaining technical terms and concepts. The parties might understand technical jargon, but the judge and jury who interpret and apply the contract do not. All contracts should come with a cover letter. This gives us a place to instruct our client on how to use and sign the contract. The author should tell to client the ideas from the letter, like: Things that could go wrong with the deal, things that might happen in the future, things that happened in the past, ways to structure things better. All these things must be written in the letter to the client.

It is necessary to inform the client of the risks. Writing a letter to the client as writing the contract it is the perfect way to inform the client of the risks and rewards of entering into the contract. Frequently, problems do not become apparent until time is spent trying to word a contract [2, p.51]. Example:

If not specified otherwise risk of loss or of fortuitous deterioration is transferred to receiving party provided that risks are not consequent to action or inaction of the party that delivers the goods.

If a party does not receive the goods during the period stipulated by the contract, risk is transferred at the moment of delivery.

If the goods are delivered at the place stipulated in the contract, the risk is transferred to the buyer at the moment of expiration of period for delivering the goods.

If transportation of goods is stipulated by in the contract, risks are transferred at the moment of their delivery to the transporter for ulterior forwarding to the buyer.

If the contract is concluded after the delivery, risks known or whose existence could not be not known to the seller at the moment of conclusion remain of the seller.

As we know the language of documents should be strict and clear using specific words. We won’t meet in contracts or other documents words with emotive meaning.

CONCLUSION

The topic of this License Project is dedicated to the “Strategies in Translating Business Contracts”, and during our investigation we have analyzed the notion of style and Stylistics in general, their peculiarities for the official documents’ writings and the possible effects they might give rise to. We found out that the term “style” is one which we use so commonly in our everyday conversation and writing that it seems unproblematic. It occurs so naturally and frequently that we are inclined to take it for granted without enquiring just what we might mean by it. So Stylistics, the study of style, can be defined as the analysis of distinctive expressions in the language and the description of its purpose and effect.

But, it goes without saying that each author’s style should be analyzed separately, because it is naturally impossible to include, in a book of writing instructions, all the rules and principles of Business documents, which differ greatly in their style of writing. Also, we have noticed that the functional styles are the products of the development of the written variety of the language.

Taking into the consideration all these interesting facts that we have found out, we can draw the conclusion that the language of Official Documents is a difficult one, and every person who translates business documents should be very attentive while translation from the source text, because there are a lot of terms, borrowings which are used namely in business documents and have the specific meanings which are common only for business and can be applied only in this field. Sometimes there are words which are translated quite as they sound, and sometimes there are words similar in form but different in meaning that are called “false friends of the translator”. The style of Business Documents has its own peculiarities which are different from the other styles which belong to the Official Documents’ writing. After making this investigation one can observe that the language of Official Documents should be clear and precise. Words with emotive meaning are not to be found in the style of Official Documents, the words should be used in their logical meaning.

The analysis and translation of Business Documents, as we have done in the practical part of our research, is not an easy thing. It needs a lot of work and knowledge to make the good analysis of English and Romanian Business Contracts. We are not so well-experienced specialists in such analysis of the documents but we managed to cope with this task and we came to the conclusion that the style is a concrete and precise one. If we speak about the stylistic devices that we have found in Business contracts, we observed that in this style there are more syntactical stylistics devices which are used in such kind of works and they are as following: enumerations, repetitions, emphatic word order, detached construction etc. There are not so many elements taken from lexical Stylistics because the words with emotive meaning are not so often found in such style of writing. So, we tried to prove it by analyzing the official Contracts and Business Letters. We have investigated the peculiarities of Contracts and Business Letters and we tried to make the conclusion that the language which is used in this writing style is a formal one.

As a result of our investigation, we can say that this topic may be interesting for everybody who deals with the Business. Because it is something new for students and we succeeded to offer enough information in order to understand the Peculiarities of Business Contracts translation in the best way. We consider that this topic deserves our efforts, because it is a absorbing and useful for our future profession and we will do our best to apply it during our future career if it is connected to Business.

BIBLIOGRAPHY

1. Erlich A. Terminology for Professions. Boston: Thomson Line, 2008. 310 p.

2. Fischbach H. Problems of Technical Translation. New York: Language Service, 2009. 324 p.

3. Hornstein L. American Speech. N.Y.: , 1999. 175 p.

4. Lee J. Specialized Terminology – Prefixes, Roots, Suffixes, & Abbreviations. : The Language Service, 2003. 415 p.

5. Norri J. Entrances and Exits in English Vocabulary. : Press, 2004. 300 p.

6. Read H. English Style in Translation. N.Y.: , 2000. 276 p.

Internet Sources:

7. http://encyclopedia.farlex.com/jargons

8. http://enkipedia.org/terminology

9. http://en.wikipedia.org/wiki/Term

10. http://en.wikipedia.org/wiki

11. http://www.experiencefestival.com

12. www.oxforddictionaryofeconomics.uk.com.

13. http://www.uky.edu/AS/Classics/rhetoric.htm

14. http://www.russiancursing.com/intro.html

15. http:// www.reference. com

16. www.oxforddictionarylaw.uk.com

APPENDIX

Appendix 1

The Percentage Data of the Stylistic Devices Often Used in Business Contracts

Appendix 2

Let’s take another business contract and try to find the most often used stylistic devices:

During the research we came to the conclusion that the style of Business Contracts is a strict and concrete one. The words with emotive meaning are not to be found in this style. As we know there are three types of stylistic devices: Lexical Stylistic devices, Semantical Stylistic devices, and Syntactical Stylistic devices. If we analyze the style of Business Contracts from the Lexical stylistics’ point of view then we can see that in this style there are used specific set-expressions and cliches such as: invoice, term, agreement, herein, hereby, etc. Words with coloring meaning are not used in this style that’s why we cannot find in business style such stylistic devices as: metaphors, epithets, etc. in the style of Official Documents there are used more Syntactical stylistics such as: repetitions, enumerations, epiphoras, detached constructions, break in the narrative, emphatic word order, alliteration, anadiplosis, asyndeton.

As a result of this research we found the following stylistic devices:

1. Enumerations – eg. “audiovisual elements, advertisements, teletext transmissions and interval materials forming the Service”, “hotel, motel, inn, logde, holiday camp, retirement home, children’s home, orphanage, military camp, prison or hall of residence”, “identification, logos and headlines, announcements of programs”, “taxes, imports duties, value added taxes”, “reception, recording and retransmission”, “freely publish, duplicate, distribute and otherwise disseminate”.

2. Break in the narrative –“ Sequence of television programs––––(audiovisual products)”, “ Terms of one year unless–––––––- .

“Territory” : shall mean–––––– . “which shall be not less than–––––––- at the start date.

“Us dollars by wire transfer to Programmer’s account at –––––- Bank”.

3. Detached construction –“ without limitation”, “if earlier”, “where applicable”,

“Us Federal Reserve System prime rate plus 1%”. “in programmer’s sole discretion”, “the “Indemnifying Party”, “at its own cost”, “except in the case of emergency and in relation to a change of satellite”, “at its sole cost”, “duty authorized”.

4. Epithoras – “term, term”, “underpayment, underpayment”.

5. Emphatic Word Order – “including but not limited”, “to promptly obtain”, “actions necessary or proper”, “in a manner not consistent”, “but in no event”.

6. Polysindeton – “order or statutory or regulatory requirement or an act of a competent state”, “not violate any law or civil or property right”, “it posses full power and authority to enter into and to perform this Agreement and that it has obtained any and all necessary permissions required pursuant to any and all relevant legislation and regulations”, “Any material disruption or discontinuance of or interruption in or other interference with the provision of the service by means of the system or any one or more of them”, “All copyrights interests in and title to the service and the programs and all ideas, formats and concepts relating thereto”

7. Asyndeton – ““hotel, motel, inn, logde, holiday camp, retirement home, children’s home, orphanage, military camp, prison or hall of residence”, “identification, logos and headlines, announcements of program etc.

8. Repetitions- “audiovisual elements, audiovisual elements”, “Service, Service”, “knowingly, knowingly”, “Satellite, satellite”, Programmer, Programmer”.

9. Alliterations – “System, service, system, service”,

10. Anadyplosis – “right, right”,