Professional Documents
Culture Documents
The Peculiarities in Texts of Business D
The Peculiarities in Texts of Business D
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Introduction
features common for all stylistic varieties of official documents are the following:
the use of abbreviations, conventional symbols and contractions;
the use of words in their logical dictionary meaning;
absence of emotiveness;
general syntactical mode of combining several pronouncement into one
sentence.
It also should be noted that the syntactical construction of this style is as
important as the vocabulary.
The syntactical pattern of business correspondence style is made up from
compositional patterns of variants of this style which have their own designs. The
form of a document itself is informative, because it tells something about the matter
dealt with. From the point of view on its stylistic structure, the whole document is one
sentence. It looks like separate shaped clauses often divided by commas or
semicolons, and not by full stops, often numbered. Every predicative construction
begins with a capital letter in participle form or infinitive construction. For example:
Claims:
any claim concerning the quality of the goods must be presented within
two months from the date of delivery;
no one claim can be considered by Sellers after expiration of the above
period;
This example while illustrating structurally illogical way of combining definite
ideas has its sense. It serves to show the equality of the items and similar dependence
of participle and infinitive constructions or predicative constructions.of the most
striking features of this style is usage of words in their logical dictionary
meaning.type of business documents has its own set phrases and cliches, e.g. invoice,
book value, currency clause, promissory note, assets, etc., there are many differences
in the vocabulary between formal and informal business correspondence. The main
part of vocabulary of formal English is of French, Latin and Greek origin. Often it can
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example, in formal public speeches. There are various degrees of formality. For
example:
After his father's death, he had to change his job. (Informal style)
On the disease of his father, he was obliged to seek for alternative employment.
(Formal style)sentences mean roughly the same idea but would occur in different
situations. The first sentence is fairly neutral (common core) style, while the second
one is very formal, in fact stilted, and would only occur in a written business
report.general grammar rules of spoken sentences are rather simple and less
constructed than grammar of written sentences especially in agreements. It is more
difficult to divide a spoken conversation into separate sentences. The connections
between one clause and the other become less clear because the speaker relies more
on the hearer's understanding of the context and situation as well as on his ability to
interrupt if he fails to understand. The speaker is able to rely on features of intonation
which tells us a great deal that cannot be reflected in written punctuation.grammar use
in business correspondence is also differ because of the pronouns who and whom, and
the place of prepositions. For example:
She wanted a partner for her business in whom she could confide. (Formal
style) She longed for a partner (who) she could confide in. (Informal style)
In what country was he born? (Formal style)
What country was he born in? (Informal style)written language is often used
like impersonal style. That means that one doesn't refer directly to himself/ herself or
to his / her readers but avoids pronouns. Some of the common features of impersonal
language are passive sentences beginning with the introductory word it and abstract
nouns. The effect of the change into a passive construction is to reverse the focus
from the subject to the object of speech.use of ‘might’ characterize the business
correspondence because it is more tentative way of expressing possibility than ‘may’.
Let us compare two sentences:
It may have been an error in a business deal.might have been an error in a
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business deal.
In the second sentence might presuppose a greater degree of uncertainty and
sounds more tactful than may.of business documents are specific and aimed at a
definite purpose. In order to make one's business work and work effectively, one
should possess knowledge of language standards in business letters. Skilful
application of this knowledge is, somehow, determined by standards of documents'
writing. If a document is written in an accepted way, it will be assessed by specialists.
A unified business text takes up less time and work to compile in comparison with
private letters.a writer of a business letter has a unified form in front of him / her this
person follows a set pattern while doing it. All the writer's attention is focused on
major information and data which represent the subject of the document. In this way
an addressee can decode the subject-matter faster because a document is written in the
standardized form.the macro level an official document usually consists of a
preamble, main text body and a finalizing part. Depending on the type of document
the composition and content of its individual parts may slightly vary. In accordance
with modern linguistics standard text structures intended for informational
presentation at different language levels are called frames. The changeable elements
within a text frame are called slots. Let us take a preamble to a commercial agreement
as an example of a frame.
This Agreement is made this____________day of______________, 1999, by
and between______________________________, [a________________corporation
with its principal office at] or [an individual with an office and mailing address at _]
('Agent'), and [company name], a corporation organized and existing under the laws
of_______________________________________, with its principal place of business
at_______________________________________().
Here, in the above frame of an agreement, the blank spaces represent the slots
to be filled with slot fillers (by the date, company names, addresses etc. in this
example).a text frame seldom has the form of a text with blank spaces. Often it can be
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a frame of a standard text with stable and changeable parts, for example:Property
Rights.
by this Agreement does not grant to Agent any rights or license to
's trademarks, trade names or service marks._____________reserves all such
rights to itself. Agent shall not utilize, without_________________'s express, prior and
- written consent, any____________________________________trade or service
marks on trade names, and will promptly report to______________any apparent
unauthorized use by third parties in the Territory of ____________'s trade or service
marks or trade names.
Here the italicized text fragments are presumed to be changed depending on the
subject and conditions of the Agreement, e. g. «prior and written consent» may be
replaced by «oral consent», etc.business English has got certain traits and problems of
its usage not only for foreigners, but for English-speaking people.style of the
language is a system of interrelated language means which serve a definite aim in
communication. As has already been noticed, the style can be formal (business written
English) and informal (spoken English). The difference of formal and informal
English is a matter of style and attitude of people to each other. However, it is not an
easy matter to draw an exact line between formal and informal English.of business
correspondence possesses some important qualities, common for formal style of
English as well.language of business correspondence is very bookish and remarkable
for the usage of larger and more exact vocabulary in comparison with informal style
of communication. Sentences in documents are longer and their clauses are
grammatically fitted together more carefully that means a lot of practice for a person
who draws up a document. Formal business correspondence should be more
impersonal. It should not emphasize the individuality of the writer, taking into
account the personal qualities of people who are going to make use of it. Thus, the
speaker should not refer directly to himself or his readers, but avoid the pronouns /we,
you/ and it can also bring some difficulties.more problem is that formal English lacks
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force and vividness. The fact that it is formal implies its great dependence on arbitrary
conventions, rather than on natural speech habits. That is why it is so hard for non-
business people to keep concentrating their attention on contents of documents all the
time as their attention is diverted by intricate language use. Some of them will
consider these long and complicated sentences rather confusing. Words of formal
English must sound nice but their meaning is often hard to get through. Very often a
person must read something all over again to make sure what it means.chief problem
concerning the business correspondence is that it is read by busy people who usually
have no interest in either one's personality or his / her problems. Bearing in mind that
one should not waste anybody's time and try to avoid unnecessary details. Common
trait of any business document is to be as clear and brief as possible without
sacrificing clarity.are some of the most frequent problems in the theory of business
correspondence.
number of ways in which it can happen. Numerical expression can cause confusion.
For example, the decimal point in British and US usage is a full point rather than a
comma as it is used in most continental European countries, so that an English or
American person would write 4.255 when a French person would write 4,255 (which
to an English person would mean four thousand two hundred and fifty-five). That's it
is better to write out the expression in both figures and words.often abbreviations are
used in business letters but both parties need to know what the abbreviations stand
for; if they don't it can cause problems in obtaining the information. So if the author
of a letter is not absolutely certain that abbreviation will be easily recognized he/she
should not use it.care should be taken while using prepositions. There is a big
difference between / The price has been increased to Ј 15.00/ The price has been
increased by Ј 15.00, and The price has been increased from Ј 15.00.
In business correspondence is very important to be tactful, in other words to
avoid causing offence or distress. Sometimes it means disguising or covering up the
truth. In such a case, the use of imperatives should be polite..g. Would you like to
stipulate details of the contract?us compare some more examples..g. I suggest that we
postponed signing of the contract till tomorrow. (Tactful).I suggest that we postponed
signing of the contract till tomorrow. (Tentative and more tactful).business letter is
known to consist of three parts: introduction, main part and closing. The first sentence
or paragraph of a letter is an important one because it sets the tone of the letter. It
usually contains thanks to the correspondent for his letter, subject of the letter, the
purpose of the letter. For example:you for your letter of 19 August which I received
today. We can certainly supply you with the industrial floor coverings you asked
about, and enclosed you will find a catalogue illustrating our wide range of products
which are used in factories and offices throughout the world.part is the main part of
every letter and it concerns the points that need to be made, answers which
correspondent wants to give, or question he wants to ask. This can vary widely with
the type of letter.final paragraph is necessary to thank the person for writing, if letter
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is a reply and it has not been done at the beginning. One should encourage further
enquiries or correspondence. It also possible to restate, very briefly, one or two of the
most important points made in the main part of letter.example: We are sure that you
have made the right choice in choosing this particular line as it is proving to be a
leading seller. If there is any advice or further information you want we shall be happy
to supply it, and look forward to hearing from you.our research we have tried to
investigate peculiarities of such types of business correspondence as letters of enquiry,
order and claim.can take the form of telephoned, telex or faxed requests for
information. These forms can be used only for brief enquiry. A letter of enquiry begins
with telling to correspondent the name of your firm: we are a co-operative wholesale
society based in Zurich. Then one should write how he/she heard about the firm
he/she is writing to: we were given your name by the Hoteliers' Association in Paris.
The content of enquiry varies depending on its purpose. For example while asking for
catalogs, price-lists, prospectuses it is not necessary to give a lot of information about
yourself. It would be helpful to point out briefly any particular items you are
interested in..g. Could you please send your current catalogue and price-list for
exhibition stands? We are particularly interested in furniture display stands.asking for
goods or services one should be specific and state exactly what he/she wants.
Replying to an advertisement its better to mention the journal or newspaper, the date,
and quote any box number or department number given.often one asks in enquiry for
samples and patterns before placing an order..g. We would be also appreciated if you
could send some samples of the material so that we can examine the texture and
quality.is also possible to suggest terms, methods of payment, discounts in your
enquiry..g. We usually deal on a 30% trade discount basis with an additional quantity
discount for orders over 1,000 units.wholesalers and retailers want to see how a line
will sell before placing a firm order with the supplier. They may be able to do this by
getting goods on approval or on a sale or return basis, one can ask about it in
enquiry..g. Your leaflet advertising your latest publications of History magazines
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interested us, and we should like to stock a selection of these. However, we should
only consider placing an order provided it was on the usual basis of sale or return. If
this is acceptable we shall send you our official order.a simple 'thank you' is sufficient
to close an enquiry. It is possible to mention that a prompt reply would be appreciated
and that certain terms or guarantees would be necessary..g. Thank you for your
attention. We hope to hear from you in the near future.letter of enquiry should make
absolutely clear information. The tone of enquiry could be direct but still polite. It
should leave no possibility of the recipient to write and ask for explanation or
extension of any of its parts. It should be as brief as is in keeping with courtesy and
clarity. Even when the matters of enquiry are of no interest to the recipient he should
give the information as courteously and as fully as if it meant material profit to him.
He should give not only complete information for every detail of the enquiry but also
should give any additional information which the writer feels would make clearer the
information desired.enquiries are often used passive constructions for soften a
request.sentences can create an abrupt effect, while a complex sentence can modify..g.
We are interested in your range of shirts is not as good as we are large wholesalers
and are interested in your range of shirts.are usually written on a company's official
order form which has a date and a reference number that should be quoted in any
correspondence which refers to the order. Even if the order is telephoned, it must be
confirmed in writing, and an order form should always be accompanied by either a
compliment slip or a covering letter. A covering letter is preferable as it allows you
the opportunity to make any necessary points and confirm the terms that have been
agreed. This letter usually begins with explaining there is an order accompanying the
letter. For example:find enclosed our Order №B4 521 for 25 'Clearsound' transistor
receivers.types of letters can contain:
- confirmation of the terms of payment
e.g. We should like to confirm that payment is to be made by irrevocable letter
of credit which we have already applied to the bank for;
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'you made an error on the statement', 'you don't understand the terms of discount'. We
told you to deduct discount from net prices, not c.i.f. prices' can't be used in claims.is
better to be as impersonal as possible to make the letter more polite. This can be done
by using the definite article..g. the mistake must be corrected as soon as possible
instead of your mistake.is better to use Passive voice and modifying imperatives:.g. to
be cleared, instead of which you must clear.like 'fault' or 'blame' can't be used that's
why one should write
e.g. The mistake could not have originated here, and must be connected with
the dispatch of the goods
But not:is not our fault, it is probably the fault of your dispatch
department.should be taken into account that complaints are not accusations; they are
requests to correct mistakes or faults, and should be written remembering that the
supplier will want to put things right. Therefore one should write calmly, clearly
presenting all the relevant information and making any suggestions that might help
put the matter right.
price;
destination;
delivery time;
requirements for packing and marking;
payment terms;
conditions of submission and acceptance of goods;
transport conditions; warranty conditions and sanctions;
arbitration conditions;
force majeure;
judicial addresses of the Sides;
signatures of the seller and the buyer.
all appendices form an integral part of a contract.
Contract must be drawn up in accordance with the established form, often on
special printed forms filled in with basic information by one-time writing. Sometimes,
when a transaction is small in volume, a contract may be concluded by telex.
Now the most significant clauses of contract should be regarded.subject-section
names the product for sale or purchase. It also indicates the unit of measure employed
in foreign trade for specific commodities.quality of machines and equipment must be
conformed to the specification of the contract. The quality of raw materials and
foodstuffs is determined by standards, samples, and description.price stated in a
contract must be firm, fixed or sliding. Firm prices are not subject to be changed in
the course of the fulfillment of the contract. Fixed price governs in the market on the
day of delivery or for a given period. Sliding prices are quoted for machinery and
equipment which require a long period of delivery.are some kinds of payment. A
cheque is a written order to a bank given and signed by someone who has money
deposited there to pay a certain amount mentioned in the cheque to a person named on
it. In the place of the cheque system banks provide an international system of bank
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transfers. A draft is another order to pay. It is made out by the exporter and presented
to the importer. It is sometimes called a bill of exchange. A sight draft is a bill which
is paid immediately on presentation. A bill is to be paid at a later date is called a term
draft. There are 30-day, 69-, 90 - and 120-day drafts. The payment is guaranteed with
a letter of credit or a revolving letter of credit.and delivery terms. The so-called door-
to-door transport is spread in shipping now. It involves a transfer of the goods from
one kind of transport to another. The main carrier often prefers to assume through
responsibility for the cargo he carries.goods for export is a highly specialized job. If
the goods are improperly packed and marked, the carrier will refuse to accept them, or
will make qualifications about the unsatisfactory condition of packing in the bill of
lading. Packing can be external (crate, bag) or internal (box, packet, flask, etc.), in
which the goods are sold.should be in indelible paint with recognized kind of marks.
The cases in which the equipment is packed are to be marked on three sides: on the
top of the case and two non-opposite sides. The marking have to be clearly made with
indelible paint in the languages of the dealing sides.of goods. The export trade is
subject to many risks. Ships may sink or collide; consignment may be lost or
damaged. While goods are in a warehouse, the insurance covers the risk of fire,
burglary, as soon as the goods are in transit they are insured against pilferage, damage
by water, breakage or leakage. The insured is better protected if his goods are insured
against all risks.majeure is a force against which you cannot act or fight. Every
contract has a force majeure clause. It usually includes natural disasters such as an
earthquake, flood, fire, etc. It can also include such contingencies as war, embargo,
and sanctions. Moreover, there are some other circumstances beyond the Sellers'
control. The Seller may find himself in a situation when he can't fulfill his obligations
under the contract. While negotiating a contract, a list of contingencies must be
agreed on and put into the contract. In case of a contingency the Seller must notify the
Buyers of a force majeure right away. If it is done in due time the Buyer may take
immediate action to protect his interest. A force majeure must be a proven fact. The
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Seller has to submit to the Buyer a written confirmation issued by the Chamber of
Commerce to this effect. The duration of a force majeure is, as a rule, 4 or 6 months.
After that the Buyer has a right to cancel the contract. In this case The Seller has no
right to claim any compensation for his losses.and sanctions. It’s a contract that
defines rights and obligations of the involved parties. More often the Buyer makes
quality and quantity claims on the Seller. The cause for complaint may be poor
quality, breakage, damage, leakage etc. The Buyer must write a statement of claim
and mail it to the Seller together with the supporting documents: Bill of Lading,
Airway and Railway Bill, Survey Report, Quality Certificate are documentary
evidence. Drawings, photos, samples are enclosed as proofs of claims. The date of
complaint is the date on which it is mailed. Claims can be lodged during a certain
period of time, which is usually fixed in a contract. During the claim period theis to
enquire into the case and communicate his reply. He either meets the claim or declines
it. If a claim has a legitimate ground behind it the parties try to settle it amicably. The
Seller in turn is entitled to make a claim on his counterpart if the Buyer fails to meet
his contractual obligations. The Seller may inflict penalties on the Buyer if there is a
default in payment.order to speed up the preparation of contract documents and to
minimize possibility of errors in them, a unified standardized form of contract
documents, the Master Pattern for Contract Documents, has been developed. It
establishes principles and regulations for the construction of standardized forms of
documents used in foreign trade, like Supplement to contract, Order and Order
confirmation.to contract is a business document which is an integral part of the
contract, containing amendments or additions to the previously agreed contract
conditions. The supplement should be also agreed on and signed by both the exporter
and the importer.is a business document presenting the importer's offer for dealing
which contains specific conditions of a future transaction.Confirmation is a business
document presenting the exporter's message containing uncaused acceptance of the
order conditions. The Master pattern has also been accepted as a basis for
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number as well, but it is used in different tables and graphics, and not in the text. It is
never used, however, to denote numbers of houses.often in contracts Latin
abbreviations are used, for example: e.g. (for example), et al. (and others), etc. (and so
on), v.v. (quite the opposite), i.e. (that means). Also such English abbreviations ltd.
(limited), Bros, (brothers), end. (enclosed), dols. (collars), etc. are used.
The use of figures instead of words for sums can create many problems for
people. To avoid any possibility of confusion, it is recommended to write sums in
both figures and words. A special attention should be paid to titles, names, addresses,
references, prices, specifications, enclosures, etc., which are also of a great
importance in texts of contracts
From the lexicological point of view business papers are of great interest. Their
lexicon is rather stable. As a rule, words have their only exact meaning. There are no
words which are emotionally coloured. As a result of it, we can point out the words,
which are present practically in every contract. For example,
«whereas» expresses every man's idea of how a contract begins. Whereas
means that the parties have been engaged in a series of transactions resulting in a
dispute over accounting between them.
e.g. The surplus is to be paid for by the Buyers, whereas short weight is to be
refunded by the Sellers.
One more compound word with the adverb where is whereby, which means by
which and refers to the present contract.
e.g. We have concluded the present contract whereby it is agreed as follows…
The usage of compound words with adverbs here / there and prepositions is
also typical of written formal style of English. Their meaning is made up from
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good only if certain things occur. The right procedure is to spell out these plausible
impediments to the degree that you can reasonably foresee them.
e.g. Our agreement is subject to the laws of Connecticut.
e.g. The wood goods hereinafter specified subject to a variation in Sellers'
option of 20 percent…
But there is another meaning of the prepositional phrase. It may express some
condition.
e.g. We offer you, subject to your acceptance by cable, 1000 tons of ore.
Exclusive - it's important in contracts. English is vast and its usage creates
difficulties in many cases. Exclusivity as a term means that somebody is bored from
dealing with another one in a specified area.
In the lexicon of contracts there are many foreign words, first of all, Latin ones,
such as pro rata and pari passu. Pro rata proves helpful when payments are to be in
proportion refuting prior formulas in a contract.
e.g. Demurrage is to be paid per day and pro rata for any part of the running
day.
Pari passu is used when several people are paid at the same level or time out of
a common fund.
e.g. Fractions to be considered pari passu.
Still there are such words as inferior / superior, they are often used to describe
the quality of goods.
e.g. The quality of Model B-50 is superior to that of Model B-45.
Complaints and claims may arise in connection with inferior quality of the
goods, late delivery or non-delivery of goods.
A Latin word is not often used in contracts nowadays. Now it means an
arbitrary court for a concrete trial. Such Latin words as ultima, proxima are now
archaic and rarely used.
e.g. If the excess is discovered only on arrival of the goods at their ultima
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surroundings. Thus, the same terms can have different semantic meaning and v.v.
different terms can have the same meaning. There were cases when contracting parties
were having conversation (with a help of interpreter) and did not suspect that they
spoke about different things. It can be explained by low qualification of interpreter or
by polysemantic terminology which seems at first identical. For example, term
'industry' in English and French has different meaning: in English it includes
agriculture but not in French. Among the most typical examples of polysemy of
identical terminology or identity of terms different in meaning is legal terminology.
For example, to name the institution in Great Britain and USA different terms can be
used. British people use term 'company' while Americans use term 'corporation'
though they mean the same thing. Linguistic barrier is also called ethno-linguistic
because it is rather ethnic than linguistic. It is based on the difference of cultures,
national psychology, other ethnic peculiarities, etc. While drawing up international
contracts ethno-linguistic barrier gets new characteristics - of legal context. That is
why reaching and confirmation of the agreement between parties depend on their
understanding of contract's articles formulated by specific terminology which was
developed by the influence of culture and law. Translator has to brake this ethno-
linguistic barrier. The main function of the translator is to provide bilingual
communication, which has almost the same possibilities as monolingual
communication. It can be reached due to right technology of translation used by
translator.
Any translation has to maintain content, functions, stylistic and communicative
value of the source text. While translating official business papers it is not enough just
to make right translation in a whole. Translation is to render the information including
all details and even the meaning of separate words. It also must be authentic to source
text.
The problem of translation equivalence is closely connected with the stylistic
aspect of translation - one cannot reach the required level of equivalence if the
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stylistic peculiarities of the source text are neglected. Full translation adequacy
includes as an obligatory component the adequacy of style, i. e. the right choice of
stylistic means and devices of the target language to substitute for those observed in
the source text. This means that in translation one is to find proper stylistic variations
of the original meaning rather than only meaning itself.
The expression of stylistic peculiarities of the source text in translation is
necessary to fully convey the communication intent of the source text. Stylistic
peculiarities are rendered in translation by proper choice of the target language
translation equivalents with required stylistic coloring. This choice will depend both
on the functional style of the source text and the individual style of the source text
author.
While translating the text a translator first of all must distinguish neutral,
bookish and colloquial words and word combinations, translating them by relevant
units of the target language. It is sometimes hard to determine the correct stylistic
variety of a translation equivalent, then - as in almost all instances of translation -
final decision is taken on the basis of context, situation and background information.
Style is expressed in proper combination of words rather than only in stylistic
coloring of the individual words. Thus, any good translation should be fulfilled with
due regard of the stylistic peculiarities of the source text and this applies to all text
types rather than only to fiction.
It is well known that adequacy and accuracy of international contract
translation, its legal terminology help to avoid disputes. In comparison with other
documents translation of contract is at the same time easiest and hardest one. This
translation is one of the easiest because texts of contract are well structurized, they
have strictly formulated standard articles. However, it is one of the hardest because
origin and realization of legal systems are revealed in it. Quality of translation is
characterized by adequacy. There are some cases when translation seems to be
adequate from the linguistic point of view but it is inadequate according to
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professional language of translation. One should take into account contextual variety
of lexeme meanings, which must be translated because in certain case it can have
special meaning.
Text of contract includes great number of special legal, economical,
commercial terminology. One should avoid verbiage, repetition, archaic language,
long sentences, inaccuracy of formulation, disparity (between articles of contract),
usage of subjunctive mood. Translation of documents is rather complicated process.
There are no subjective standards as for the quality of legal translation, but its main
criterion is absence of problems and negative consequences caused by translation.
Why is it so difficult to translate text of document? First of all each word has not only
initial meaning but also some peculiarities which were formed as the result of its
development in certain context.
Polysemantic words of one language and also words similar by their form are
spread in other languages. Secondly, legal language is considered to be separate even
inside one language. Words and phrases of this language can have special meaning
which has been formulated for centuries. Thirdly, every language has a lot of words of
same origin (for example Latin) that are interpreted by legal lexicon of different
languages. For example word 'contract': thing that is called contract in French law is
not contract in American law. Fourthly, there are different variants of one language.
English encloses legal languages of Great Britain, USA, Australia, Canada and other
countries. They all can vary syntactically, lexically and semantically. Fifthly, every
language has its grammar peculiarities. That is why translator has to interpret text of
document. But the question is whether text of contract should be translated or
interpreted. Practice shows that legal texts should be translated. According to general
rule, texts of polylingual contracts must be identical in content and form as though
drawn up in one language. It is to be reached by the translation of source text into
target language in that way to correspond to source text.
While comparing original texts and their translations three main principles of
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quality of this effect are distinguished: structure, content and potential of influence.
Source and translated texts must be equal in their ability to evoke same reactions of
their addressees.
Doing translation it is necessary to maintain structure of source text of contract.
While rendering structure and syntax of one language into structure and syntax of
another language one should decide whether to keep textual form strictly and have a
risk of inadequate linguistic standard of translation or to use more free translation
which might undermine legal accuracy. To solve this problem it is necessary to
analyze legal terms to avoid word-for-word translation that not always explains the
meaning of term. It should be noted that trying to choose words identical in form with
terms in other language you are making mistake because terms can have different
legal meaning. It is also recommended not to make free interpretation of text and to
use moderate level of transformation. Identical and adequate translation is the main
task and characteristics of ethno-linguistic barrier overcoming. Difficulty of this task
while drawing up contract is that parties think and speak different languages, they also
use special language, i.e. technical, economical, legal terminology semantic meaning
of which can diverge in different languages. Thus, in structure of ethno-linguistic
barrier there is special level - conceptual barrier. In texts of international contracts it
concerns first of all legal terminology. Very often in legal system of one language
there are no institutions, concepts and corresponding terms which would transmit
corresponding terminology of another party's legal system adequately. If there is no
identical term in one language which explains meaning of foreign term it is
recommended to use one of three ways to cope with this situation: 1. Borrowing; 2.
Explanation; 3. New term formation.
Nowadays this method becomes more and more popular in Ukrainian
contracting practice, where English terms are widely used, e.g. default, transaction.
But it should be mentioned that one must be careful with foreign words usage in
business communication and writing. If foreign words can be replaced by
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calls and of course negotiations. Nowadays almost all negotiations with foreign
business partners are performed in English and the signing or non signing of contract
depend on it. That is why business correspondence and negotiations should be carried
out in appropriate and correct language. We have already described the most
important peculiarities of business English, but we also would like to raise very
important and interesting problem of business doing - the cultural aspect.
Those involved in business translation, testify that their linguistic challenges
are: special terminology, cliched lexics and its formal register. Still certain linguistic
dexterity may not prove efficient under field conditions when besides
language problems the translator in business faces quite newly appreciated
challenge - cultural or psychological one.
The necessity to keep certain 'appearances' and observe conventionalities in
international business communication has been acknowledged since the times when
success of a company's extension started to be judged by the number of its foreign
affiliations or partners.
Intensification of international contacts yielded, besides obviously positive
results, multiple failures at negotiations, absence of foreign trainees' motivation, and
even open conflicts among partners, especially between those belonging to different
cultures (Asian and Western, Western and Slavic). Minute feedback analysis of the
situations suggests that whereas business matters were handled perfectly, national,
ethnic, psychological or cultural factors were completely neglected.
This was an impetus for methodologists and linguists to start developing a
separate branch of the communication theory - Cross-Cultural Communication
Studies. That encompasses ethnic culture and psychology, sociology, and a lot of other
adjacent spheres. According to W. Gudykunst, W.G. Stephan, B. Blake and many
other researchers of cultural diversity in business context, communication cannot be
successful unless ethno-psychological identity of its participants is recognized.
W. Gudykunst identified the cultures according to the following criteria: 1)
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employees more than workers in low uncertainty avoidance cultures, e.g. Denmark
versus Japan. It does not only stipulate the pattern of behavior with businessmen
representing these cultures but also the linguistic strategy in translation, e.g. presence
or absence of mitigation markers.
Power distance is defined as the extent to which the less powerful members of
institutions and organizations accept that power as distributed unequally. Individuals
from high power distance cultures accept power as part of the society. Superiors there
consider their subordinates to be different from themselves (Arab cultures). Low
power distance cultures believe that power should be used only when it is legitimate
and prefer expert or legitimate power (Western cultures). This stands for observation
of subordination in the groups of businessmen, which is, for example, strict in
Philippines and optional in the Netherlands. This directly influences the use of the
certain vocabulary register depending on the level of communication (horizontal, with
peers, or vertical, with subordinates or superiors) and the tone (type of modality, from
orders to mild advice or suggestion).
The application of Cross-Cultural Communicative Theory to the business
translation looks rather significant since it crucially changes the very concept of the
translator's role in business communication. Supplied by the cultural knowledge,
translator does not simply find equivalents of the ideas in different languages. His
strategy is to maintain rapport between cultures by finding the forms of mutually
accepted manner of communication, which raises his role to the global level.
The development of business correspondence in Ukrainian, need of official
documents translation from English into Ukrainian and vice versa after proclaiming
Ukrainian language to be state on the territory of Ukraine, give special significance to
the language of business communication and especially to English as it is language of
international communication. Business correspondence obeys certain rules of
exposition and arranging of the information. Business letters have common and
national specific characteristics. In all language cultures formation of official style
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no rules.
The task of an interpreter translating official documents is to find target
language equivalents of the source text frames and use them in translation as standard
substitutes, filling the slots with frame fillers in compliance with the document
content.
Translation of legal, economic, diplomatic and official business papers requires
not only sufficient knowledge of terms, phrases and expressions, but also depends on
the clear comprehension of the structure of a sentence, some specific grammar and
syntactical patterns, which characterize the style.
Here are some English constructions which can cause special difficulties while
translating.
Depending on the function the Infinitive plays in the sentence it can be
translated in the following ways:
1. As an adverbial modifier of purpose the Infinitive can express an
independent idea that adds some new information about its subject; the adverb «only»
is omitted in translation, e.g. The president announced his resignation after the failure
of his drive to push through the merger of the two countries last summer.
Президент повідомив про свою відставку після того, як влітку минулого
року його кампанія за об'єднання двох країн зазнала невдачі.
2. After adjectives «the last, the only» and ordinal numerals the Infinitive is
translated as the predicate of an attributive subordinate clause, its tense form is
determined by the context.
e.g. He was the first high official to be admitted to the inner council of
government, to the cabinet.
Він був першим високопоставленим службовцем, якого було допущено до
закритих нарад з питань державного управління і навіть до засідань кабінету.
«if + noun + be + infinitive» can be translated as «для того щоб».
e.g. In any event, members of the association should be prepared to put aside
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e.g. Banking on a loss of nerve within the board of trustees may turn out to be
misguided.
Розрахунок на те, що члени ради опікунів втратять витримку, може
виявитися невірним.
- An infinitive.
e.g. Under the pressure of national campaign, he showed a positive gift for
saying the wrong things in the wrong words at the wrong time.
В умовах напруженої кампанії, що проводиться в країні, він виявляв
безумовний дар говорити не те, що треба, не так, як треба, і не тоді, коли треба.
- A participle.
e.g. In Washington there is quite satisfaction that the French by joining the float
have indirectly acknowledged that the U.S. was right all along.
У Вашингтоні висловлюють задоволення з приводу того, що Франція,
приєднавшись до країн з плаваючим курсом валюти, хоча і непрямо, але ж
визнала, що США були повністю праві.
The Perfect Gerund denotes an action which is prior to the action expressed by
finite form of the verb.
e.g. After having been colonies for a long time, many Asian and African
countries have now become independent states.
Багато країн Азії та Африки, що протягом тривалого часу були колоніями,
перетворилися па незалежні.
Very often constructions with participles are used in official documents.
Participle I can be translated as:
an attributive clause;
an adverbial clause;
a separate sentence.
The Nominative Absolute construction with Participle I and II can be translated
in different ways depending on the form of the Participle and on the position of the
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e.g. Also treated are such matters as theory construction and methodology.
Розглядаються також такі питання, як побудова теорії і методика
дослідження.
Subordinate clauses of concession with an inverted predicate often serve
emphatic purposes and can be translated with the help of Ukrainian combinations хоч;
хоч який би.
e.g. Such a principle, strange as it may seem, is championed in one form or
another by certain scholars.
Такий принцип, хоч він і може видатися досить дивним, відстоюють деякі
вчені.
Our main task was to describe and analyze the special difficulties one could
face while translating official documents. We have also risen very important aspect of
business translation - cross - cultural theory, paying attention to it translator might
avoid some mistakes. Every business document is first of all mean of communication,
especially business letters - the beginning of business relationships. That is why one
should be very aware while writing or translating business correspondence. As for the
translation of contract it requires not only knowledge of economic aspects but also the
peculiarities of grammar constructions and lexics. 'I he translation of official business
papers is characterized by the solving of certain tasks; first of all is search of adequate
grammar and syntactic structures. Sometimes it is necessary to use word-for-word
translation to make target text authentic to source text. Having analyzed the
distinctive features of Ukrainian and English business correspondence we have come
to the conclusion that even such bookish and conservative texts like documents have
national specific character which should be regarded in translation. So that in this
paper we tried to analyze not only linguistic but also national side of business
translation. Contract also belongs to legal documents because it maintains juridical
power. Thus, translating contract into foreign language it is necessary to know legal
peculiarities of the country into language of which you are going to translate the
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contract because the differences in legal system of two contracting parties could be
sufficient. From the linguistic point of view it reflects in various termins which in
different countries have different meaning and inadequate translation of which leads
to misunderstanding and other serious problems.
4. Practical part
Mr Causio,find enclosed our order, №DR4316, for men's and boy's sweaters in
assorted sizes, colours, and designs. We have decided to accept the 15% trade
discount you offered and terms of payments within documents against payment, but
we should like these terms reviewed in the near future.you please send the shipping
documents and your sight draft to Northminster Bank, Deal Street, Birmingham.you
do not have any of the listed items in stock, please do not send substitutes in their
place.would appreciate delivery within the next six weeks, and look forward to your
acknowledgement.sincerely,CraneBuyer
Mr Zeitman№VC 58391
We are writing to you with reference to the above order and our letter of 22
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May in which we asked you when we could expect delivery of the 60 dynamos you
were to have supplied on 3 June for an export order.have tried to contact you by
phone, but could not get anyone in your factory who knew anything about this
matter.is essential that we deliver this consignment to our Greek customers on time as
this was an initial order from them and would give us an opening in the Greek
market.deadline is 28 June, and the lorries have been completed except for the
dynamos that need to be fitted.we receive the components within the next five days,
the order will be cancelled and placed elsewhere. We should warn you that we are
holding you to your delivery contract and if any loss results because of this late
delivery we shall be taking legal action.sincerely,. Blackburn
Basic Machinery Inc., Lucia, Bacardia, hereinafter referred to as «the Seller»,
of the one part, and Solaro Industries of Djakarta, Indonesia, hereinafter referred to as
«the Buyer», of the other part, have concluded the present Contract for the following:
Бейзік Мешінері Інк., Люція, Бакардія, що в подальшому іменується
«Продавець», з однієї сторони та Соларо Індастріз, Джакарта, Індонезія, що в
подальшому іменується «Покупець», з іншої сторони, уклали цей контракт про
наступне:
l. Subject of the Contract.
.1. The Seller has sold and the Buyer has bought the machinery as listed in
Appendix 1, being an integral part of this Contract.
1. Предмет контракту.
.1. Продавець продав та Покупець купив обладнання, як перелічено у
Додатку 1, що є невід’ємною частиною цього контракту.
2. Total Value of the Contract.
.1. The Total Value of the Contract includes:
. Загальна оцінка контракту.
.1. Загальна оцінка контракту включає:
Machinery + documentation $20000,000
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Buyer a penalty at the rate of 3% of the total contract value for every five (5) days of
delay.
8.1. У випадку затримки доставки обладнання Продавець повинен
сплачувати Покупцю штраф у розмірі 3% загальної оцінки контракту протягом
кожних п’яти (5) днів затримки.
8.2. The delay of less than five days entails no penalty.
8.2. Затримка менше п’яти днів не несе за собою стягування штрафу.
9. Force Majeure.
. Форс-Мажор.
9.1. The Parties are released from their responsibility for partial or complete
non-execution of their liabilities under the Contract should this non-execution be
caused by force majeure circumstances, including: fire, flood, earthquake, war, strike,
catastrophe at sea, and if they had a direct damaging effect on the execution of the
present Contract.
9.1. Сторони звільняються від відповідальності за часткове чи повне
невиконання зобов’язань згідно контракту якщо це невиконання спричинене
обставинами форс-мажору, включаючи: пожежу, повінь, землетрус, війну,
страйк, катастрофу у морі, і якщо вони мали прямий знищуючий вплив на
виконання існуючого контракту.
9.2. The Party unable to fulfill its obligations under the present Contract is to
inform the other Party within one week (7 days) of the beginning of force majeure
circumstances.
9.2. Сторона, що не в змозі виконувати свої зобов’язання згідно існуючого
контракту повинна сповістити іншу сторону протягом одного тижня (7 днів) від
початку форс-мажорних обставин.
10. Arbitration.
. Арбітраж.
10.1. The Seller and the Buyer will do everything in their power to settle any
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Seller Buyer
Продавець Покупець
Basic Machinery Ltd. P.O. Box 505
Бейзік Мешінері Лтд. поштова скринька 505
17 Rose Lane Djakarta, 77077
17 Роуз Лейн Джакарта, 77077
Lucia, Bacardia Indonesia
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Люція, Бакардія Індонезія
for and on behalf of the Seller for and on behalf of the Buyer
від імені та за дорученням Продавця від імені та за дорученням Покупця
Jennifer Masumi Richard Johnson
Дженіфер Масумі Річард Джонсон
Senior Executive Officer Managing Director
Старша Посадова особа Генеральний директор
Conclusion
peculiarities of official business papers have been studied as groups of stylistic,
grammatical and lexical peculiarities which are determined by formal style of
English. Formal style of English has such main features as conventionality of
expression, absence of emotiveness, encoded character of the language and general
syntactic mode of combining several ideas within one sentence. Stylistic peculiarities
of formal written English imply usage of words in their primary logic meaning and
absence of contextual meanings. Formal English is characterized by the usage of
special terms. They all are precise in meaning and rather bookish. Among them there
are a lot of words of the Latin, Greek and French origin, replaced in spoken English
by words of the Anglo-Saxon origin. In formal style whom is used instead of who. If
there is a need in prepositions, they go before whom, which is not typical of informal
style at all. Written Business English goes impersonal style. It means there are no
direct addressees, passive constructions are used instead of active, a great number of
amount words, modal verbs might and could are used instead of can and may. This all
is done for a document to sound tentative and tactful.factors mentioned make up the
standard of documents' writing. Special forms help to focus readers' attention on
major information and simplify process of making a deal.are the following theoretical
problems in studying the problem. First of all, there is a difficulty to draw a line
between formal and informal English, as the latter influences formal style greatly.
Sentences in documents are too long and bookish to be used freely. Documents are
devoid of personal pronouns I, we, you. The language of documents lacks force and
vividness to keep strict to the point. Meanwhile, it is hard to keep one's attention
while reading them due to this trait.analysis of stylistic peculiarities of business
correspondence shows that it can be observed through the syntactic pattern of
business documents which is one long sentence consisting of separate numbered
clauses which are divided by commas and semicolons. No connectors are used in
business correspondence as they convey a little information. Every clause is
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References