Tehnicile de Traducere Ca Mijloc de Dobandire a Echivalentei

LICENCE PROJECT

Translation Techniques as a Way of Achieving Equivalence

(Case Study Based on the Translated Texts in the Field of Commercial Law)

***

PROIECT DE LICENȚĂ

Tehnicile de traducere ca mijloc de dobîndire a echivalenței

(studiu de caz în baza textelor traduse din domeniul

dreptului comercial)

CONTENTS:

INTRODUCTION

The present licence project has been worked out on the basis of the documents related to commercial law that I translated from English into Romanian and vice versa during my translation practice at the company SRL “Danube Logistics”, the Chisinau-based operator of Giurgiulesti Port, in the period 10 November – 20 December 2013. The translated contracts include documents related to commercial law such as employment contract, letter of intention, contract of forwarding, contract of leasing etc.

The main objectives of this licence project is to identify and analyse (1) the nature of the phenomenon of equivalence in translation and of the translation techniques as a way of achieving equivalence, (2) instances of equivalence between the English and Romanian documents related to commercial law, and (3) the translation techniques as a way of achieving equivalence.

The goals that I endeavoured to achieve in this work are as follows:

to receiving correct message depending on text;

to use correct the texts- construction elements and studied communication;

to be able to apply the knowledge obtained in the commercial law field in a professional manner;

to have the ability to collect, interpret and analyze types of translation used in my practice.

During my research, the work “Theory of translation” by Zoia Prosina [4] helped me understand better my chosen topic,when analysing and giving specific examples of all the types of equivalences in the translation of documents related to commercial law.

In light of the above-mentioned objectives, I have structured the present work into two sections. Section I will enlarge upon the definition and the theoretical aspects of the topic under consideration, i.e. the meaning of equivalence, the types of translation and the translation techniques as a way of achieving equivalence. Section II will discuss the method used in my translations and translation practice. Iwill focus on the issue of equivalence in legal translation, paying particular attention to instance of equivalence and a selection of alternative translating methods. In Section II, I will also analyze the translating process and will thus consider the contextual differences between Romanian and English legal languages and, associated with them, the function of contracts in two different legal systems and their target text readers. Section II will then focus in detail on the terminological issues present in the selected contracts, providing practical examples of how these issues were solved in their proposed translations.

Being aware of the growing importance of the commercial law in the present-day business world, as well as of the highly appreciated qualitative translation of the legal documents in the said field, I chose to mostly concentrate on documents related to commercial law during my translation practice. All the more, the topic of my licence project is “Translation Techniques as a Way of Achieving Equivalence (Case Study Based on the Translated Texts in the Field of Commercial Law)”.

The present work ends with relevant Conclusions pertaining to the conducted research and practical work, the Bibliography that I referred to and relied upon in my translation work and theoretical research, as well as the Annexes that illustrate the results of my practical work.

I. Translation Techniques as a Way of Achieving Equivalence

I.1. The process of translation.

Translation procedures, strategies and methods

It is a common attitude to consider that, to translate, a person only needsreasonable knowledge of a foreign languageand a few good dictionaries.For other people, translating is an intuitive process that is essentially based on the translator’s creative capability. On the opposite extreme, there are those who believe that only specialists – like lawyers or scientists – can translate.

Every translator or interpretor has his/her own methods of translation. The translation, as perceived in this work, is a process during which the translator:

makes a number of decisions on how to interpret the source text (ST);

uses resources and applies technical skills to render the text in the target language; and

re-expresses that meaning in the target text (TT), i.e. performs the translation itself.

In light of the above, Dr. Gladys González Matthews and Dr. Dagoberto Orrantia believe that “translation is perceived as a problem-solving process” [1,p.5].

Basically, a translator has two options for translating:

direct translation technique; and

oblique translation[1,p.5].

Each of these two options for translating is achieved by way of applying some translation methods, which are related to whole texts, as well as to the translation procedures. In particular, the translation methods are applied at the level of sentences and smaller units of language. The most frequently applied translation methods within the framework of the direct translation technique are the following:

word-word translation, which does not alter the grammar at all, that is, keeps the same word order as in the Source Text. The example that follows illustrates best the difference between the word-for-word translation and the literal translation: Ro. Mă numesc Victor. –En. Myself I call John;

literal translation, which preserves the meaning of the words, but re-arranges them so that they fit the syntax of the Target Language: e.g. Ro. Mă numesc Victor. –En. I call myself John. However, these first two types of translation are not the most efficient ones as most people would translate it as, ‘I am called Victor’ or even ‘My name is Victor’;

borrowing,which consists in taking words directly from one language into another without translation. Such English words as ‘management’, ‘franchising’, ‘software’ are present unchanged in other languages. On the other hand, “English also borrows numerous words from other languages; abbatoire, café, passé and résumé from French; hamburger and kindergarten from German; bandana, musk and sugar from Sanskrit” [13, online];

calque, which consists in borrowing a phrase from SLandtranslating itliterally in the TL:

e.g. En. quality assurance – Ro. asigurarea calității;

En. football – Ge. Fußball;

En.television – Ge. Fernsehen;

Ge.Antikörper–En. antibody;

Ge.Autobahn– En.motorway.

Yet, translators should be aware that an unsuccessful calque maysound extremely unnatural, and is often “interpreted as indicating the lack of expertise of the translator in the target language” [13, online].

As for the oblique translation technique, it is achieved through the following methods:

transposition,which it attempts to produce the precise contextual meaning of the original within the constraints of the TL grammatical structures;

adaptation,which is the freest form of translation, and is used mainly for plays (comedies) and poetry; the themes, characters, plots are usually preserved, the SL culture is converted to the TL culture and the text is rewritten;

equivalence translation,which is used to render expressions using different stylistic and structural methods;

modulation,which consists in using a phrase that is different in the source and target languages to convey the same idea;

compensation: it attempts to render the exact contextual meaning of the original in such a way that both content and language are readily acceptable and comprehensible to the readership. [4,p.20];

In the specialized literature on translation studies, other methods of translation are envisaged as well. This is the case of the following methods:

free translation,by which the TL text is produced without taking into consideration the style, form, or content of the SL text;

idiomatic translation,which “reproduces the ‘message’ of the original but tends to distort nuances of meaning by preferring colloquialisms and idioms where these do not exist in the original”[4,p.20];

The purpose of the translation procedures, strategies and methods – and of the translating process in tote – is to achieve maximal equivalence between the Source Text (ST) and the Target Text (TT), that is; to arouse an equivalent reaction in the TT receptor, just as in the ST receptor.

Besides the process of translating there are some procedures and strategies which help a translator to ensure the equivalence between languages.

As depicted by E.A.Nida [16, online],the translation procedures, are as follows:

1. technical procedures, which consist in the analysis of the source and target languages, a thorough study of the source language text before making attempts translate it;and in making judgments of the semantic and syntactic approximations;

2. organizational procedures,which consist in the constant revaluation of the attempt made; contrasting it with the “existing available translations of the same text done by other translators, and checking the text’s communicative effectiveness” by asking the target language readers to evaluate its accuracy and effectiveness and studying their reactions [2, p. 35].

Finally, as far as translation strategies are concerned, they are used in many contexts. In translation studies many theorists have used the term ‘translation strategies’ widely but with some considerable differences in the meaning and the perspective from which they look at it. In what follows, and for the purpose of this licence project, I made a selection of the most relevant points of view in regard to the definition of the concept of ‘translation strategy’:

a long-term plan of actions designed to achieve a particular goal [16, online];

the art of planning, consciously adapted and mentioned, to improve one’s learning performance [6, p.854];

the process of translating something, from one language to another [15, online].

It is also worth noting thatH.P. Krings defines them as being the “translator’s potentially conscious plans for solving concrete translation problems in the framework of a concrete translation task” [16,online]. On the other hand, C. Seguinot believes that there are at least three global strategies employed by the translators: (i) translating without interruption for as long as possible; (ii) correcting surface errors immediately; (iii) leaving the monitoring for qualitative or stylistic errors in the text to the revision stage [16, online].

As a summing up of all the above theoretical approaches, I am inclined to consider that the translation is a complex process, based on its varied strategies, procedures and methods. Applying properly the components of this complex system is an art, which can be learnt and mastered by virtue of ongoing learning and practicing. And that is the main task of a translator.

I.2. The concept of equivalence in Translation Studies. Types of equivalence

Given the fact that equivalence is a term which is also broadly used outside of the field of enquiry at hand, it may be useful to start with a more general definition of the concept before mentioning more specific ones. The necessity of considering more general perceptions has been argued convincingly by Mary Snell-Hornby, who maintains that “the discrepancy between the fuzziness of a more general understanding of the concept (its English usage) and the stringency of a more specific definition (as it is most of ten used in German) is the origin of much of the confusion surrounding its use today” [7,p.57].

Equivalence is defined in the Collins Dictionary of the English Language as the state of being “equal or interchangeable in value, quantity, significance, etc. or “having the same or a similar effect or meaning” [5, p.526]. Similarly, Webster’s Ninth New Collegiate Dictionary defines the concept as the state of being “equal in force, amount or value” or “alike in signification or import” [7, p. 921]

According to V. Komissarov, five levels of equivalence can be distinguished (please also refer to Annex 1 hereto):

Pragmatic level –the translation must retain the same communicative function as the source text. That communicative function can be of varied nature, such as:

informative function: e.g. Ro. Succesul concurentului meu îmi provoacă invidie. – En.I am green with envy because of the success of my competitor.

emotive function e.g.Ro.Pentru ce îmi trebuie mie așa prieten? – En.What on earth do I need such a friend for?

conative function: e.g. En. Could you do me a favour, please? – Ro. Puteți să-mi faceți o favoare,vă rog?

phatic function:e.g. En. How do you do! – Ro. Bună ziua!

metalingual function: e.g. En. Don’t trouble trouble until trouble troubles you. –Ro. Nu necăji necazul că necazul te găsește el singur să te necăjească.

poetic function:

Situational level –The source and the target texts can describe the same situation from different angles with different words and structures, e.g. Ro. Atenție, vopsit! –En. Wet paint;En. Push/Pull – Ro. Impinge/Trage.

Lexical (semantic) level –Proceeding with the transformation of meaning implies a semantic variation, or semantic paraphrase of the source language utterance, e.g. En. He was not unlike his mother. –Ro. El seamănă destul de bine cu mama lui.

Structural level– the target and the source text show grammar transformations: the passive predicate can be translated by the active: e.g. En. We had a long walk. – Ro. Am avut o plimbare lunga.

Grammatical level – at this level every word is translated, e.g. En. Every mother loves her children – Ro. Fiecare mama isi iubeste copiii sai [4,p. 35].

Having given due consideration to the theoretical aspects of the topic of this licence project, I will proceed – in the next section – with the empirical aspects of the topic under consideration. The importance of this first section consists in setting the foundation for the practical work to be carried out in the next section. Thus, as I have now the theoretical tools, I am in a position to analyse the texts related to commercial law that I translated during my translation practice.

II. Practical approach to the equivalence and techniques in translating the documents related to the commercial law

According to the definition provided in the more than popular Internet resource – Wikipedia, the concept of ‘commercial law’, also known as ‘business law’, is “the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales” [17,online]. It is often considered to be a branch of civil law and deals with issues of both private law and public law.

During my translation practice, I came across a lot of problems in translating contracts, documents and agreements, legal letters etc. In order to achieve the equivalence between the Source Text and the Target Text, I made use ofthe translating techniques that I specified and analysed in the next section.

II.1. Analysis of the translation techniques as a way of achieving equivalence based on the texts translated in the field of commercial law

To begin with, my intention is to present some introductory statements about the process of translation, the skills required and the main techniques that can be used to translate from one language to another. I will start with the followingquestion: can anyone translate? Or can only highly specialized professionals such as lawyers and scientists translate? In an attempt to answer this question, it is important to make a distinction between factual knowledge and procedural knowledge. According to some online sources [12, online], factual knowledge is the knowledge of the subject and specific terminology of the text which we are translating, while procedural knowledge covers the methods and techniques to transfer the meaning from one language to another. Highly specialized professionals have the factual knowledge, but if they lack the procedural knowledge they might not be able to re-express the text in another language.

In this case helpe us to translate the techniques listed in Section 1.

In my practice of translation I appliedall the translation techniques, though to different extents.The first one is the word-for-word translation. I will proceed to a closer analysis of this category. Please consider the following examples:

En. This letter will confirm our agreement that pursuant to and effective as of your purchase of [_] shares of Series [_] Preferred Stock of [_] (the “Company”),  [Investor Name] (the “Investor”) shall be entitled to the following contractual management rights, in addition to any rights to non-public financial information, inspection rights, and other rights specifically provided to all investors in the current financing.

Ro. Această scrisoare va confirma acordul nostru cu privire la faptul că în rezultatul și începând din momentul achiziționării de către Dvs a [_] acțiuni de Seria [_], Stocul Preferat al [_] („Compania”), [numele investitorului] („Investitorul”)va deține următoarele drepturi manageriale contractuale, pe lângă oricare drepturi la informațiile financiare non-publice, drepturile de inspecție și alte drepturi expres prevăzute pentru toți investitorii care participă la prezenta finanțare.

En. Investor may examine the books and records of the Company and inspect its facilities and may request information at reasonable times and intervals concerning the general status of the Company’s financial condition and operations, provided that access to highly confidential proprietary information and facilities need not be provided.

Ro. Investitorul poate examina registrele și evidențele Companiei, 0inspecta localurile sale și solicita informații, la momentul și intervalele de timp rezonabile, despre situația generală a poziției și operațiusnilor financiare ale companiei, cu condiția că accesul la informatiile extraconfidențiale despre proprietate și accesul la localuri nu trebuie să fie oferite.

Ro. Clientul trebuie să plătească remunerație și să ramburseze cheltuielile pentru expeditor nu mai târziu de 10 (zece) zile bancare din data facturii în conformitate cu cererile.

En. The Client shall pay the remuneration and reimburse the expenses to the Forwarder not later than 10 (ten) banking days from the date of the invoice in accordance with the applications.

Ro. Drepturile si Obligatiile Partilor,

En. Rights and Obligations of the Parties.

In the above extracts, I underlined the phrases that I translated using the word-for-word translation. When translating them, I did not change the word order, as there was a perfect equivalence between the English and Romanian word order, that is the word order from the ST remained unchanged in the TT, and the meaning was also preserved. Thus, those are cases of successful or constructive word-for-word translation.

Literal translation – also called “formal equivalence” by E.A. Nida [2, p. 5] – is a translation that renders the meaning of the ST by fitting it into the grammatical rules of the TT.Here are some examples in this regard:

Ro. 1.4.Punctele de plecare si de destinatie a marfurilor se specifică în formularul de cerere al clientului.

En. 1.4. The Freight Departure and Destination Points shall be specified in the Client’s request.

Ro. 1.5. Moneda de plata a serviciilor prestate din prezentul contract este Dolarul ($) USA.

En. 1.5. USD ($) is the currency of the services delivered under this agreement.

En. Limited Liability Company (LLC)

Ro: Societate cu Răspundere Limitată (SRL)

En. The Parties have concluded this individual employment agreement as per the conditions that the Parties have agreed.

Ro: Părțile au încheiatprezentul contract individual de muncã în conformitate cu conditiile asupra cărora au convenit.

Although word-for-word and literal translations may generate a nonsensical text that may sound awkward and not fluent, this type of translation might work very well for technical texts such as instruction leaflets and manuals, or, as we saw in the above examples, it might work for contracts or the names of the legal bodies as well.

3. Borrowing. In choosing this type of translation we take words directly from one language into another without translation. Many English words are borrowed from other languages: for example,‘software’ in the field of technology and ‘funk’ in the field of culture. In my case study,although I have not used many borrowed words, I dealt with some examples such as ‘management’, ‘Protocol’ , ‘holding’.

When analyzing the meanings of the term ‘management’, I found out that Oxford Dictionaries defines this concept as follows:

1. the process of dealing with or controlling things or people.

Please consider the following example from my translation practice:

En. The Investor shall be entitled to the following contractual management rights.

Ro. Investitorul va avea dreptul la urmatoarele drepturi contractuale de management.

the people managing a company or organization, regarded collectively. With regard to this meaning, the synonyms of ‘management’ are the words ‘employer, directors, board of directors, board, administrator, owners, proprietors’.

Here is an example from my translation practice:

En. The Company Management shall provide for all the required documents.

Ro. Administrația/Conducerea/Companiei va pune la dispoziție toate documentele necesare.

3. The responsibility for and control of a company or organization: Considering this meaning, the term ‘management’ has the following synonyms: ‘administration, running, managing, organization, charge, care, direction, leadership, control, governing, governance, ruling, command, superintendence, supervision, overseeing, conduct, handling, guidance, operation’.[14, online]

Here follows an example from my translation practice:

En. The Employees shall have equal opportunities in developing their careers in management.

Ro. Salariații vor beneficia de oportunități egale pentru a-și dezvolta cariera în domeniul management-ului.

If we compare the Source Texts and the Target Texts, it appears that the term ‘management’ has different meanings. Thus, in Romanian the term ‘management’ has the following meanings:

1. ansamblul activităților de organizare și conducere prin care se determină obiectivele unei firme/întreprinderi, resursele și procesele de muncă necesare realizăriilor și executanții acestora, prin care se integrează și se asamblează munca salariaților, utilizând mai multe tehnici și metode adecvate pentru realizarea scopurilor funcționării firmei / întreprinderii.

This meaning corresponds to the English Meanings 1 and 3.

2. disciplină economică având drept scop studierea proceselor și relațiilor de muncădin cadrul firmei/întreprinderii, în vederea evidențierii regulilor (principiilor) generale care le guvernează și elaborarea de sisteme, metode, tehnici și modalități noi de conducere, menite să asigure creșterea competivității [9,online].

The Romanian synonyms for the word ‘management’ are ‘gestiune, administrare, conducere’.

Although the meaning of ‘science’ of the word ‘management’ is not listed in the Online Oxford Dictionary, it still exists and is widely spread in the texts of commercial law. In this regard, this English meaning corresponds to the Romanian Meanings 2. Further more, the Romanian dictionary Dex Online does not provide for the meaning of ‘people managing a company or organization, regarded collectively’ for the concept of ‘management’. In this case, the Romanian equivalent is ‘administrație’, ‘conducere’.

In addition to the above-mentioned English meanings of the concept ‘management’, the field of medicine and psychiatry use this concept with the meaning of the treatment or control of diseases or disorders, or the care of patients who suffer them (e.g. long-term management of patients with cirrhosis)[14, online].

Now let us analyze the term ‘protocol’. According to Oxford Dictionary, this term has the following meanings:

the official procedure or system of rules governing affairs of state or diplomatic occasions;

the original draft of a diplomatic document, especially of the terms of a treaty agreed to in conference and signed by the parties;

a formal or official record of scientific experimental observations;

/computing/ a set of rules governing the exchange or transmission of data between devices [14, online]

In the Romanian lexicographical works, the term ‘protocol’ is mainly defined as folows:

1. totalitatea formelor și practicilor de ceremonial care se aplică la festivități oficiale în relațiile diplomatice;

2. document care consemnează dezbaterile purtate în cadrul unui congres, al unei conferințe internaționale, al unor tratative;

3. (inform.) convenție hardware și software de schimb a informațiilor între două sisteme[9,online].

Upon analyzing the above English and Romanian meanings, it appears that there is a partial interlingual equivalence between the meanings of this concept. Particularly, in the English language the concept ‘protocol’ also has the meaning of ‘a formal or official record of scientific experimental observations’, which is actually not present in the Romanian language.

Here is an example from my translation practice in support of the above-mentioned English and Romanian meaning no.2:

Ro. Cel de-al doilea Protocol adițional la Convenția europeană de asistență judiciară în materie penală, adoptat la Strasbourg la 8 noiembrie 2001;

En. Second Additional Protocol to the European Convention on mutual assistance in criminal matters, Strasbourg, November 8, 2001.

The last method related to the direct technique is calque translation:the phrases are translated by parts; it is not just a mechanical borrowing of the form but some changes occur at the level of the form [4, p.34].

e.g.

Ro. In lipsa unui loc de munca fix

En. In lack of fixed job

En. Dollar – Ro. Dolar

En. Working days
Ro. Zile lucratoare

While for obligue technique , the translation method which are used in my translations are:

Transposition translation this type is characterized by changing a part of speech when it is translated.  And grammatical structures are not often identical in different languages. Some examples are as follow:

En. Unemployment is still high on the agenda of the gouvenment

Ro. Somajul ramine o prioritate a guvernului.

En. Rising prosperity as a result of one market

Ro. Cresterea prosperitatii ca rezulatat a unei piete.

Ro. Expeditorul nu trebuie sa intilneasca dificultati in organizarea expedierii marfii.

En. The sender must not found it difficult to arrange the freight forwarding.

However in the back translation it must have the same idea, and meaning.

Adaptation: which is the freest form of translation, and is used mainly for plays (comedies) and poetry; the themes, characters, plots are usually preserved, the SL culture is converted to the TL culture and the text is rewritten; In my case of commercial translation , this type can’t be found and used.

Equivalence translation: Used to render expressions using different stylistic and structural methods. Most often is used for translating fixed terms such as :

En. ‘Identify card’

Ro. ‘buletin de identitate’,

Ro. ‘societate juridica’

En. ‘legal community’.

Ro. Index contor apa calda

En. Index hot gauge clock

Ro. Predarea imobilului catre chirias se va face cel tirziu la data de__

En. Giving the imobil to the tenant will be made no later then the date __ .

Equivalence translation is like true understanding, that a translation in target text will be an apropiate translation to source text.

Modulation translation: which consists in using a phrase that is different in the source and target languages to convey the same idea.

En. The Council did well to heed the minister's warning

Ro. Consiliul a tinut cont de avertizarile ministrului.

Ro. Pentru orele sumplimentare de lucru angajatul va primi o compensatie

En. The Employee will receive a compensation for overtime.

The main point in modulation translation is that we can change our point of view:

Ro.Traducatorul trebuie sa pastreze confidentialitatea documentului.

En. The translator must not disclose the content of document.

Compensation translation: as I defined in the first part, it attempts to render the exact contextual meaning of the original in such a way that both content and language are readily acceptable and comprehensible to the readership like examples:

En. No avenues in this matter were left unexplored

Ro. Totul a fost facut pentru a solution problema in cauza

Ro. voi fi bucuros sa va transmit informatiile personale

En. I would be happy to you in future contacts

Now let’s analyze the two other translation.

Free translation: it produces the Target text without the style, form, or content of the original. So, this kind of translating is more used by translators in their works. I think it is more easy and used in day-by-day practice. It is like adaptation, because the translator search equivalence after his meaning and understanding. Some example are:

Ro. Expeditorul se angajeaza in schimbul unei remuneratii si din contul Clientului sa organizeze executarea serviciilor, legate de expedierea marfurilor containerizata , transportarea acestora si numarul indicat in cererile scrise de catre Client. In plus, formularul clientului poate prevedea alte date prin acordul ambelor parti

En. The Forwarder undertakes, for remuneration, to arrange for performance of services on transportation of containerized freight with the haul route and traffic specified in written requests of the Client (further referred to as the “Freight”). Additionally, the customer requests may contain other data subject to agreement by the Parties.

Ro. sa prezinte Clientului inainte de semnarea actului in conformitate cu puntul 2.1.6. a prezentului contract un raport cu urmatoarele documente

En. Before signing the Certificate stipulated in sub-clause 2.1.6 hereof, submit to the Client a report with the following documents attached

En. I am available for an interview and I would be happy to provide you with further information.

Ro. Sunt dispus pentru un interviu si imi va face placer sa va ofer mai multe detalii.

Ro. o societate juridica, activind in conformitate cu __ , denumita in continuare ca “ Client ” reprezentata de __ , pe de o parte.

En. a legal community, hereinafter reffered to as the “Client”, in the person of ….., acting under the Charter, on one side.

Ro. Orele suplimentare prestate în afara programului normal de lucru sau în zilele în care nu se lucreazã ori în zilele de sãrbãtori legale se compenseazã cu ore libere plãtite sau se plãtesc cu un spor la salariu, conform contractului colectiv de muncã aplicabil sau Legii nr. 53/2003 – Codul muncii

En. The overtime pretested outside normal working hours or in the not working days or in the legal holidays are paid or are offset with paid hours ,according with the practical employment contract or Law no.53/2003 – Labor code.

Idiomatic translation: it reproduces the ‘message’ of the original but tends to distort nuances of meaning by preferring colloquialisms and idioms where these do not exist in the original; The name of my field itself is a idiom connection e.g.

‘commercial law ‘- the domain that rule business or commercial transaction.

‘build a case (against someone)’ mean to be against someone and to excoriate he/she by law, e.g.

Ro. localiatatea in care isi are domiciliul persoana trasa la raspundere- En. The locality where live the person against that is building a case.

‘in accordance with’ – conforming to something or somebody. E.g.

Ro. sa organizeze expedierea Marfurilor, prin transportare si in conformitate cu cerintele referitoare la transport din cererea clientului

En. arrange for transportation of Freight by the means, on route and in accordance with the transportation requirements stipulated in the Client’s request

Ro. Sa asigure la timp rambursarea cheltuielilor de catre expeditor si plata unei remuneratii conform punctului 3 a prezentului contract – En. Ensure timely reimbursement of the Forwarder’s expenses and payment of the remuneration in accordance with clause 3 of this Agreement.

En. Work is carried out in accordance with Law no . 31/1991 – Ro. Activitatea se desfasoara in conformitate cu Legea nr. 31/1991.

‘the responsible party ‘ – the party which is obligated to do something or is responsible for smth, smb.e.g.

En. The sign of the responsible party

Ro. Semnatura partii responsabile.

II.2. Analysis of the main commercial law terms

Guarantee

The term ‘guarantee’ is a English word with the sinonym ‘warranty’ and have a lot of legal meanings in both Romanian and in English laws language. Depending on the context, the English lexis ‘guarantee’ often has to be translated by a Romanian term other than its literal translation ‘garantie’, i.e. ‘asigurare’ (assurance), or additional words have to be added in order to reflect the original legal ‘guarantee’ sense in the Romanian language, e.g. ‘conditiile de garantie’ (guarantee clause), ‘garantia de calitate ’ (warranty of quality) etc. The meaning of the term which is the most used is responsible for the quality of the provided services or some product , so this sense it might be used interchangeably with the term ‘warranty’: e.g.

En.The crowd guarantee

Ro. Garantia pentru evictiune

Agreement
According by Oxford Dictionary [8,p.19 ] this term means ‘ having the same opinion’ and is a semi-technical lexical item and thus it can have an array of Romanian equivalents that all mean ‘agreement’: ‘acord’, ‘contract’, ‘intelegere’, and ‘tratat’. The selection of the correct Romanian equivalent relies firmly on the context. In the situation relates to Employment agreements in force directly relating to the terms of the employment, the analysis of both contexts shows that there are two equivalents that should be used: ‘Acord’ or ‘Intelegere’. In which the term ‘acord ’ is more appropriate in this case because of its connotative Romanian meaning of ‘understanding made by two or more persons’: e.g

Ro. Contract de transportare a marfurilor – En. Freight foarding agreement

En.This Agreement sets forth the terms and conditions of the Agreement between__("Licencee") and __("Licensor") for use of __("the Information").- Ro. Prezentul acord stabilește termenii și condițiile Acordului între __ ( " Deținătorul de licență " ) și _ (" Licentiatorul " ).

Confidentiality
Other term used common in legal documents that imposes stylistic and contextual restriction is ‘confidentiality’ with the meaning to amount, or to trade a secret.

The word has a direct equivalent in Romanian ‘confidentialitate’ and it may often be used as an allowable equivalent: e.g.

Ro. După incheierea contractului individual de munca, pentru protejarea intereselor reciproce, partile pot negocia incheierea unui contract de confidentialitate – En. After concluding the Employment agreement, the parties may negotiate a contract of confidentiality to protect mutual interests.

Terminological errors

In my legal translation I met with a problem which is posed by evident or apparent terminological errors. A example is presented in the Employment Agreement that results in a lack of terminological coherence of the analysed below. I think that a translator must follow a strict rule in translating contacts because the translator must refrain from correcting errors or improving the language in the legal field. To translate a text we should be correct and improved. However, I have amended a source of potential misunderstanding in the target text that any terminological ‘correction’ in official legal texts is very unwelcome. So the word ‘Contractor’ was changed to ‘Angajat’ (the Employee). Having the meaning of ‘a person who undertakes a contract especially to provide materials, conduct building operations, etc,’ [8, p.185 ]. In this way, the entire document becomes coherent in terms of the position set out.

BIBLIOGRAPHY

Dr. Gladys González Matthews, Dr. Dagoberto Orrantia. Translation Procedures: The technical Component of the Translation Process,2007

Nida E.; Taber C. Theory and Practice of Translating, Leiden: Brill, 1969

Sarcevic S. New Approach to Legal Translation. The Hague/London/Boston: Kluwer Law International, 1997.

Пpoшина,Зoя Г.Учeбник пo тeopии пepeвoда пpeдназначeн для cтyдeнтoв пepeвoдчecкиx oтдeлeний, Bладивocтoк: Изд-вo Дальнeвocт, 2008

Dictionaries

Harper Collins. Collins Dictionary of English Languge, Glasgow,1991

Hornby, A. S. Oxford Advanced Learner’s Dictionary of Current English. London/New York: Oxford University Press, 1995.

Merriam-WebsterWebster's ninth new collegiate dictionary, Merriam-Webster, 1988

Soanes C. The Oxford Dictionary of Current English. London: Routledge, 2003.

Internet Resources

http://dexonline.ro ( visited 15.04.2014)

http://dictionary.cambridge.org/ (visited 25.03. 2014)

http://dictionary.law.com/ (visited 23.04.14)

http://dictionary.reverso.net/english-cobuild/factual%20knowledge ( visited 30.03.2014)

http://www.interproinc.com/translation-techniques];

[http://www.oxforddictionaries.com]

www.najit.org/…/Matthews%20Orrantia%20Tra…, (visited 26 .02.2014).

http://www.pliegosdeyuste.eu/n4pliegos/eugeneanida.pdf visited25.02.2014).

http://en.wikipedia.org ( visited 25.02.2014)

ANNEXES

Annex 1 ( Chapter 1,pag.7)

EQUIVALENCE

STRUCTURAL PRAGMATIC SEMANTIC

(form) (function) (content)

grammatical Situational  lexical

Annex 2

Annex 3 Portfolio Company Letterhead – Portofoliul Companiei

Annex 4 Contract de individual munca

Annex 5 CERERE DE ASISTENȚĂ JUDICIARĂ INTERNAȚIONALĂ ÎN MATERIE PENALĂ – REQUEST FOR INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

Annex 6

Annex 7

Tabele, cu toate metodele, directa si indirecte.

Cu echivlenta

BIBLIOGRAPHY

Dr. Gladys González Matthews, Dr. Dagoberto Orrantia. Translation Procedures: The technical Component of the Translation Process,2007

Nida E.; Taber C. Theory and Practice of Translating, Leiden: Brill, 1969

Sarcevic S. New Approach to Legal Translation. The Hague/London/Boston: Kluwer Law International, 1997.

Пpoшина,Зoя Г.Учeбник пo тeopии пepeвoда пpeдназначeн для cтyдeнтoв пepeвoдчecкиx oтдeлeний, Bладивocтoк: Изд-вo Дальнeвocт, 2008

Dictionaries

Harper Collins. Collins Dictionary of English Languge, Glasgow,1991

Hornby, A. S. Oxford Advanced Learner’s Dictionary of Current English. London/New York: Oxford University Press, 1995.

Merriam-WebsterWebster's ninth new collegiate dictionary, Merriam-Webster, 1988

Soanes C. The Oxford Dictionary of Current English. London: Routledge, 2003.

Internet Resources

http://dexonline.ro ( visited 15.04.2014)

http://dictionary.cambridge.org/ (visited 25.03. 2014)

http://dictionary.law.com/ (visited 23.04.14)

http://dictionary.reverso.net/english-cobuild/factual%20knowledge ( visited 30.03.2014)

http://www.interproinc.com/translation-techniques];

[http://www.oxforddictionaries.com]

www.najit.org/…/Matthews%20Orrantia%20Tra…, (visited 26 .02.2014).

http://www.pliegosdeyuste.eu/n4pliegos/eugeneanida.pdf visited25.02.2014).

http://en.wikipedia.org ( visited 25.02.2014)

ANNEXES

Annex 1 ( Chapter 1,pag.7)

EQUIVALENCE

STRUCTURAL PRAGMATIC SEMANTIC

(form) (function) (content)

grammatical Situational  lexical

Annex 2

Annex 3 Portfolio Company Letterhead – Portofoliul Companiei

Annex 4 Contract de individual munca

Annex 5 CERERE DE ASISTENȚĂ JUDICIARĂ INTERNAȚIONALĂ ÎN MATERIE PENALĂ – REQUEST FOR INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

Annex 6

Annex 7

Tabele, cu toate metodele, directa si indirecte.

Cu echivlenta