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2023
英文
商务
合同
中的
语言
特征
湖北省高等教育自学考试英语专业
毕业论文
题目:浅析商务英文合同中的词汇特征
学生姓名:
指导教师:
The Lexical Features of Business Contract
Tutor:
论文
合同语言与普通语言有着很大的区别,本文结合合同英语的具体情况以及法律上对合同的不同定义,从合同语言的特征出发,旨在分析英文商务合同中的一些常见的词汇特征。通过对语言特征的探讨,总结出撰写一般英文商务合同时应注意和防止的问题。
关键词:词汇特征,法律英语,正式用语,古体词
Abstract
There are great differences between the contract language and the daily language. This paper is intended to analyze the lexical features of English business contract and put forward some detailed points which should be paid attention to when we are dealing with problems concerning the business contract.
Key words: lexical features, formal words, technical words
The Lexical Leatures of Business Contract
1. The background information about business contract
1.1 Business contract is the product of the development of commodity economy, emerging with the emergence of commodity economy, and also it is the legal form of commodity exchange.
1.2 Contracts are essentially promise, or groups of promises, promising to do something in the future. If the promises have certain characteristics defined by law, then they will give rise to rights which will be protected by society, and any breach of the promises would bring about enforced remedies.
A contract is said to be executory until all of the parties have fully performed their responsibilities under the contract; at that point it becomes an executed contract.
A contract may be either express or implied. An express contract has its terms, conditions, and promises specifically set forth in words; whereas an implied contract is one where the essential are not set forth in words but must be determined from the circumstances, general language, or conduct of the parties.
According to the second clause of Contract Law issued in 1999:A contact in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is ,between natural persons, legal persons or other organizations.
1.3 The sketch of contract English
Martin Joos has come up with five varieties concerning with the use of language, namely frozen style, formal style, consultative style, casual style and intimate style ( <The Five Clocks>, published in 1961). It is widely supposed that business contract language belongs to frozen style, the most formal language according to Martin Joos’s five varieties.
A contract is an official document defining the rights and duties for both parties,and its language varies from daily language. It is highly specialized and all the sentences are tedious and complicated, and also the words are rarely used, sometimes it is extremely hard to understand. In addition to the above features, the use of Latin and old English is its another characteristic. Any omission in the contract would arouse dispute for all the parties involved.
2. Lexical features of business contract
2.1 The use of formal words
Business contract English would clearly stipulate the rights, obligations and the code of conduct for both parties, and the wording must be rigorous, accurate without any personal emotion. So, formal words are frequently used, words like slang, proverb, dialect and Banter language are not allowed in the contract. For example:
1〕At the request of Party B, Party A agrees to send technicians to assist Party B to install the equipment.
“Assist〞 is more formal than “help〞
2〕The Appendix hereto shall, through the contract period, be deemed to be construed as party of the Contract.
“be deemed〞 is more formal than “be considered〞
3) The first Board meeting shall be convened within one month after the issuance of the Company’s business license.
“convene 〞 is more formal than “call〞
More examples:
formal : less formal:
require ask
consent agree
prior to before
in effect in fact
cease to do stop to do
construction explanation
commencement start/begin
miscellaneous other matters/events
by virtue of due to /because of
indemnities compensation
tenancy lease of property
obtain get
render give
repatriate send back
title ownership。
execute sign
assign transfer.
terminate stop
confirm make sure
in accordance with according to
Approximately around
as regards/with regard to/concerning relating to about
at the close o