The peculiarities in texts of business documents


Actuality: Nowadays due to the development of international business partnership the interpreters are faced with the necessity of translating official business papers from English into Ukrainian because English is considered to be the language of world business relationships. In comparison with literary texts the texts of official documents are highly standardized: it concerns both the structure of the whole text and the arrangement of special paragraphs.analysis of researches is devoted to the linguistic peculiarities of official business papers. And it shows that theory of writing business documents, on the one hand, reflects highly subjective approaches. On the other hand, such approaches are not unified in accordance with existing rules of formal English. Such influence really exists, but there are no accepted criteria for changes that should be taken into consideration. Thus, the main problems of people who write business papers are: how should they write it to sound correctly in the foreign language? How formal should they be in the content of documents, if even English-speaking people meet difficulties drawing a line between formal and informal English?language of documents is characterized by specific terms and expressions and also by those grammatical and syntactical patterns where translation can cause some difficulties. That is why we should know sufficient knowledge of grammatical, stylistic and lexical peculiarities of business papers to translate them correctly.

The object of the research is official business papers.

Its subject comprises investigation of linguistic peculiarities of official business papers and the specific character of translation.

The theoretical basis for the investigation is founded on the researches of well-known linguists: Arnold, Galperin, Gordon.

The Purpose of the research is to analyze peculiarities in texts of business documents, problems of their translation. It is performed through comprehension, interpretation and analysis of essential clauses.

The tasks of the research are:

  1. to point out main features of formal English as the language of business papers;
  2. to describe the peculiarities of official business papers' translation.
  3. to expose stylistic, grammatical and lexical peculiarities of business papers.

In order to solve these tasks have been used the methods of studying and analysis of theoretical literature and practical manuals.fact, the linguistic peculiarities of the structure and function of contracts in the world of business have not been given a clear understanding of the subject. The main factors of the theoretical significance of the research is to state the connection between all types of business papers while describing and analyzing distinctive features of the content of documents.

The practical significance of the research is to underline the main rules of writing business correspondence for those who are concerned about drawing up the official documents. It also can be interesting for people studying problems of functional usage of formal and informal styles in English. The results of the research can be taken into consideration by students who are involved in studying English and English stylistics. As well it can be used for special courses of business English for students of Linguistics, Business and Economics.

business document paper peculiarity

1. General characteristics of official documents

1.1 The distinctive features of English language in official documents

is quite obvious that any business deal cannot be done without documents. A document, in its any appearance, has always been an important part of business doing. Business contracts are impossible without correspondence all over the world. It does not matter, whether you communicate with your partner using the phone (orally) or telexes (in writing). All decisions and terms must be confirmed by papers as correspondence (letters), telexes, enquiries, offers, claims (complaints) and contracts (agreements) are of legal importance. And as a result, business documents, written in accordance with some officially accepted forms, are the same for has been noted, the official business language differs from other kinds of the English language, mostly because of the specific character of its functional usage that can be illustrated in classical terms of style, its predestination, and main of official documents is the most conservative one. It preserves the structural forms and the use of syntactical constructions. Archaic words are not observed anywhere else but here. Addressing documents and official letters, signing them, expressing the reasons and considerations leading to the subject of the document letter are regulated as lexically as syntactically. All emotiveness and subjective modality are completely banned out of this style. It is represented by the following sub-styles or variants: the language of business documents, legal documents, diplomacy, and military documents. Like other styles of language, this style has a definite communicative aim and, accordingly, has its own system of interrelated language and stylistic means. The main aim of this type of communication is to state the conditions binding two parties in an undertaking and to reach agreement between two contracting parties.subdivision of this style has its own peculiar terms, phrases and expressions, which differ from the terms of correspondence, phrases and expressions of other variants of this style.peculiar 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 be translated into informal language by replacing words or phrases of the Anglo-Saxon origin. For example:

Formal style_____Informal style

commencebegin, start

concludeend, finish, stop

prolong, continuego on

Let us compare examples where these words are used in different styles..g. The meeting concluded with signing the contract (Formal style).

The meeting ended with signing the contract (Informal style).

Informal style is characterized by using phrasal and prepositional verbs. That is why they are not used in business correspondence. Their formal equivalents are used in official texts instead.

Formal style_____Informal style

explodeblow up

encountercome acrosslook into

Such expressions on informal style cannot be used in written business English, both logically and stylistically. They are logically excluded because they convey a little amount of information. Business documents, on the contrary, convey a lot of information almost in any word. Thus, a person should be aware of these factors and not mix up colloquial and business English drawing up a document.terms have emotive qualities that are not present in formal language. Formal language often insists on a greater deal of preciseness. But the problem is that not always can be found the proper equivalents in formal and informal English. The informal word job, for instance, has no formal equivalent. Instead of it, we have to look for more restricted in usage and more precise term, according to the context, among possible variants: employment, post, position, appointment, vocation etc.a rule, business English is formal. We mean using it in business correspondence, official reports and regulations. Actually, it is always written. Exceptionally it is used in speech, for 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 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 thisday of, 1999, by and between, [acorporation 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 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, anytrade or service marks on trade names, and will promptly report toany 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», English has got certain traits and problems of its usage not only for foreigners, but for English-speaking 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 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.

1.2 Types and peculiarities of business correspondence

correspondence is very significant in transactions. It includes all kinds of commercial letters such as enquiries, replies to enquiries, Letters of Credit, invoices, Bills of Lading, Bills of Exchange or drafts, letters of insurance, explanatory letters, orders, letters of packing, letters of shipment, letters of delivery, offers, letters of complaint, replies to those of mentioned above, etc.type of correspondence has its own peculiar features. But they have much in common. Especially it concerns the style of business letters. Business correspondence often suffers from an old-fashioned, pompous style of English which complicates the message and gives the reader the feeling that he is reading a language he does not understand. At the same time the style of letter should not be so simple that it becomes discourteous. The tone of business letter should be neutral without pompous language on the one hand and informal or colloquial language on the other hand. The letter should be neither too long nor too short. The right length includes the right amount of an example of a letter that is so short and simple that it sounds rude:Mr. Rohn,

1 have already written to you concerning your outstanding debt of Ј591. This should have been cleared three months ago. You don't seem to want to co-operate in paying us, and therefore we will sue you if your debt is not cleared within the next ten days.…letter may be given the wrong tone by the use of inappropriate vocabulary, idioms, phrasal verbs and short forms. Here are some examples of each, together with a preferred alternative:'ve probably knows - You probably know'll get your money back - The loan will be repaidgo into property - To invest in propertycouple of hundred quid - Two hundred poundsare at rock bottom - Prices are very lowhave gone through the roof - Prices have increased rapidly.are the extreme examples but the general point is that one should be careful using idiomatic or colloquial language in letters. Moreover, there is a danger of being misunderstood or you may give an impression of over-familiarity.doubt it is very important to be clear. Confusion in correspondence often arises through a lack of thought and care, and there are a 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 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 paragraph is necessary to thank the person for writing, if letter 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 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 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;

- confirmation of the agreed discounts

e.g. We should like to thank you for the 30% trade discount and 10% quantity discount you allowed us;

- confirmation of the delivery dates

e.g. delivery before February is a firm condition of this order, and we reserve the right to refuse goods delivered after that time;

- methods of delivery

e.g. We advice delivery by road to avoid constant handling of this fragile consignment;

- packing

e.g. Each piece of crockery is to be individually wrapped in thick paper, packed in straw, and shipped in wooden crates numbered 1 to 6.

The letter ordering goods should be made so clear that it could not possibly be misunderstood. It should be exact and complete in every detail as to quantity, quality, size, number, catalogue page and number, shape, style, colour, piece of each, or other item helping toward exact identification. If the buyer is to pay transportation charges, he/she should specify how the order must be shipped - mail, express, or fright - unless he/she leaves this matter to the one who ships. Each item must be written on a separate line beginning at the paragraph margin.letter of complaint or claim should always be courteous, dignified and fair. It should state exactly the cause for complaint and should outline clearly the reasonable expected adjustment. The complainant that imputes blame or becomes sarcastic or abusive only emphasizes the author's own lack of refinement and makes less probable the adjustment he/she seeks. Terms like 'disgusted', 'infuriated', 'enraged', 'amazed' have no place in claim. Dissatisfaction can be expressed in such a way:

Unless you can fulfill our orders efficiently in the future we will have to consider other sources of supply.

Also such expressions as 'you must correct your mistake as soon as possible', '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 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 better to use Passive voice and modifying imperatives:.g. to be cleared, instead of which you must '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.

1.3 Main characteristics of contract as a type of official document

is known to be a business document presenting an agreement as for the delivery of goods, services, etc., approved and signed by both the Buyer and the Seller. Legal contracts are made in writing. When striking a deal, standard contracts are widely used. Standard contracts are not a must. Some articles can be altered and supplemented.following items are of the greatest importance in any contract:

  • number of a contract;
  • place and date of signing;
  • names of the Sides which sign the contract;
  • subject of the contract;
  • quality of goods;
  • 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 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 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. Its 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 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 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 standardized forms of enquiries and offers, used at pre-contract stages of dealing.

Different firms and organizations trading regularly, work out standardized forms of contracts for typical deals. Such standardized contracts are printed and include typical rights and duties of the contracting sides in selling and buying some goods and services. There are special columns for the names of Buyer and Seller, names of goods, their quantity, prices and delivery terms. In case of declining or adding some terms, people use supplementary columns in a contract form.forms of export and import deals differ greatly and it makes them two general types of contracts. Thus, there are export and import contracts. They reflect different positions of buyers and sellers in trading. Contracts in import trade are called orders, and their submission warranty and delivery terms as well as sanctions are much harder towards the seller than those ones in export trade. Standardized forms of import contracts must be sent to potential buyers before getting commercial proposals and before striking a deal. The language of contracts is agreed upon on the both sides. It goes without saying that information and style are kept the same not depending on the language of contract.textual varieties, contracts are divided into administrative-managerial, financial-economical, advertising, scientific-technical, and artistic-publication contracts. Functional spheres of their circulation can be easily guessed from names of contract types in this classification, and are the subject of economic, rather than linguistic study.may be differentiated by the subject of a deal. There are export contracts for the sale of oil products, machinery tools, grain, the supply of goods, etc. Orders in import trade deal with ordering and purchasing goods. They are often supported with requests, remindings, verifications of different terms, guarantee and waving inspection letters and many others.contracts delivery and acceptance terms are marked with the International Commercial Terms. So, contracts can be classified in accordance with the way of delivery. Most of Incoterms are represented as abbreviations.usage of abbreviations, conventional symbols and contractions is typical of all kinds of documents. On the whole, there are 14 official Incoterms of deliverance. They denote:

  1. The point of deliverance. EX Works means that the seller's only responsibility is to make the goods available at his premises. EX Ship means that the seller shall make the goods available to the buyer on board the ship at the destination named in the sales contract. EX Quay means that the seller makes the goods available to the buyer on the quay at the destination named in the sales contract.
  2. The way of deliverance. FOB means Free on Board. The goods are placed on board of ship by the seller at a port of shipment named in the sales contract. FAS means Free Alongside Ship. That means that goods should be placed alongside the ship to fulfill the seller's obligations. FOR / FOT means Free on Rail / Free on Truck. Truck here relates to the railway wagons, and that makes these abbreviations synonymous. FOB Airport is based on the same main principles as the ordinary FOB term. The seller fulfils his obligations by delivering the goods to the air carrier at the airport of departure.

3. Payment terms. C & F means Cost and Fright. The seller must pay the costs and fright necessary to bring the goods to the named destination, but the risk of loss or damage to the goods is transferred from the Seller to the Buyer when the goods pass the ship's rail in the port of shipment. GIF means Cost, Insurance and Fright. This term is basically the same as C & F but with the addition that the seller has to procure marine insurance against the risk of loss or damage to the goods during the carriage.analyzed the distinctive features of English language in official documents and main characteristics of contracts and business correspondence we have come to the conclusion that the nature of the English documents writing is determined by its stylistic realization in written English. The style of official documents possesses its own features which are reflected in standardized forms of different documents. They are peculiarities of the vocabulary, grammar and syntactic constructions, which are the subject of consideration in the second chapter of the of business English is rather hard to obtain and to follow. It remains mostly in written form, and its peculiarities should be strictly observed. Some theoretical problems of its functioning have already been considered. Nevertheless, informal English influences it greatly, and even in routine papers we may find deviations from the accepted form.can be explained by the fact that business is made by people, and not robots. A person's individuality, as well as emotions and feelings, more and more often peer into a cool and logical world of business, creating new problems and possibilities of business English functioning in texts of contracts and other documents.have also defined contract as a typical realization of formal business English which possesses the same stylistic features and follows the same goals as business correspondence.of contract also have specific clauses and they ensure division of contracts into certain types in accordance with a side initiating a deal, a sphere of making a deal, types of goods and their delivery terms. Often a way of deliverance is encoded with a help of special abbreviations.

2. Linguistic peculiarities of official business papers

2.1 Stylistic peculiarities of contract and business correspondence

the linguistic point of view a contract is a type of a document due to any agreement and a completed document fixing some information. As a type of text, contract has its own specific characteristics. The stylistic peculiarities of all document texts are:

  • concreteness, conciseness, clearness of the stated idea;
  • high capacity of information;
  • strict logic;
  • clear rhythm of sentences;
  • accenting on the main idea with the help of word repetitions;
  • absence of connotational information;
  • a special system of cliches and stamps;
  • usage of abbreviations, conventional symbols and marks;
  • usage of terms in their direct semantic meaning; preferential usage of monosemantic words;
  • division of a text into chapters, paragraphs, points, often numbered (clear compositional structure of a document);

- usage of definite syntactic models;

- graphic decoration of a document: quality of paper, quantity and quality of illustrations, size and kind of print.

The main features of the style of contract as a type of business official document are:

  • steady system of linguistic means in the text of contract;
  • lack of emotional colouring;
  • decoding character of language;
  • usage of a special symbolic system;
  • definite syntactic structure (the 12 above-enumerated items).
    Let us analyze them in detail.

The style of contract defines some peculiarities and techniques of its writing. Making contracts differ in some points from writing business letters, such as an offer, an enquiry, a complaint etc. Some considerations important for business letters are not important for contracts. The main difference between them is that any contract is made up by two contracting parties and contains information about many subjects. So all points must be approved by both parties. There are certain clearly definable requirements for how to write contracts.contracts should be formal, complete, clear, concrete, correct and concise. In contracts all possible informational details are not suitable. So, while writing contracts we must observe all peculiarities of standard English grammar, vocabulary use and stylistic appropriation. A formal contract or agreement requires considerations of neatness and attractive arrangement. Completeness of any contract suggests the scope of all significant facts that have reference to the issue of the agreement. Actually, you are expected to explain what, how, and when you are going to deal with your element, - clearness, - is one of the most important, because much depends on it. Clearness could be reached by the use of simple short words, phrases and paragraphs where the both parties of a contract explain their intentions and issues. Clearness of any arguments actually defines your striking a deal or not.component which is closely connected with the previous one is concreteness. Concreteness of a contract or an agreement is a part and a parcel of any legal document. Besides that, the longer the document is, the more attractive and vivid its contents should two components are also significant. They are correctness and conciseness. Correctness involves proper grammar use (tense-aspect forms of the verb, verbals, articles, etc.), vocabulary use, punctuation and formal style. Grammar should be checked with a special care, otherwise it may produce a poor impression of the document and non-seriousness of your interests. Conciseness is usually achieved by the use of minimum words to express maximum of has already been noted, any contract should be simple and clear, concise and brief. Commercial correspondence often suffers from an old-fashioned, pompous style of English which complicates the message and gives the reader the feeling that he is reading a language he does not understand. Though the language of contract is perhaps the most formal among all kinds of business correspondence, and the vocabulary of such correspondence is very specific, which is connected with its character and a great number of legal terms, it should not be archaic. It should be clear enough in its meaning. The style, however, should not be too simple as it may become discourteous and sound rude. Some linguists (G. Leech, J. Svartvik, Ch. Fries, O. Jespersen, M. Joos, I.V. Arnold, B.A. Ilyish, E.M. Gordon etc.) recommend the following stylistic devices that might make agreements and contracts more polite:

- complex sentences joined with conjunctions are preferable, rather than short sentences;

- passive constructions rather than active;

full forms rather than abbreviated forms, if necessary.

The right tone should be neutral, devoid of a pompous language on one hand, and an informal or colloquial language on the other hand. Therefore, inappropriate vocabulary, idioms, phrasal verbs are not allowed.both contracting parties should not experience any difficulties in obtaining information, they should be able to understand what is written. Misunderstandings are caused by a lack of thought and care. It may happen if we use a lot of abbreviations, figures and prepositions.are very useful, because they are very quick to write and easy to read. But the both parties are expected to know what the abbreviations stand for. If one of the partners is not absolutely certain that the abbreviations are easily recognized he / she should not use it.symbol &, which means in English and, is used in some terms like C&F (Cost and Fright), C&I (Cost and Insurance). But is marked as # in contract texts. The symbol № is used instead of the word number. In American English the symbol # means 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

2.2 Grammatical peculiarities of contract and business correspondence

the whole, grammar of any contract may be characterized as rather simple and formal. Here simple means lack of diversity of variants which occurs in every document which is not legal. As for the grammar tenses which are used in agreements, the most widespread are the Indefinite and the Perfect tenses, both in the Active and Passive Voices. In many points their usage is already part and parcel..g. Sellers have sold and Buyers have bought… (Present Perfect)

The Agents shall bear all transport expenses from… (Future Indefinite)

Our firm informed the Suppliers that the general conditions were not contained in the order. (Past Indefinite Active / Passive)analytical forms of the verb, such as the Continuous and Perfect Continuous Tenses, are absolutely not used in any way. The specific character of any contract provides rare usage of the past tenses.of specific features of contract is usage of the verb shall. Though it is not used in Modern English, in business correspondence and documents it keeps being used.combination of the verb should and the infinitive also shows a future action, but with a less degree of probability. This construction usually occurs in subordinate clauses..g. We hope that you will send as enquires should you need.the above circumstances continue to be in force…Buyers fail to open the letter of credit in time…

One of the most striking features of Business English is a wide use of verbals. There is common knowledge that verbals are widely used in social English, but they are often used in business and commercial correspondence as well. The usage of verbals, however, is very specific and presents certain difficulties.of the most frequently used verbals in business letters is the infinitive. It may use as an adjunct to verbs, nouns and adjectives. Accordingly, infinitive constructions are subdivided into infinitives as verb adjuncts, infinitives as noun adjuncts and infinitives as adjective adjuncts. The most interesting and important for the research is the first group, so we have focused on it.are six types of patterns in which the infinitive is to be regarded as a verb adjunct:

  • an adjunct to an active verb;
  • an adjunct to a passive verb;
  • a complex adjunct to an active verb;
  • a prepositional complex adjunct to an active verb;
  • a wh - infinitive adjunct;
  • an adjunct to a verb in a sentence with a function of the subject.
  • The groups of the infinitive as an adjunct to an active verb, the infinitive as an adjunct to a passive verb and the infinitive as a complex adjunct to an active verb are used in commercial correspondence and in contracts in particular situations. The last three types of the infinitive are rarely used in business correspondence or might be used just occasionally.
  • The infinitive as an adjunct to an active verb always follows a head-verb. In business correspondence it is lexically dependent and commonly found after the following verbs: to agree, to appear, to arrange, to continue, to decide, to expect, to fail, to hesitate, to hope, to intend, to like, to manage, to need, to offer, to omit, to plan, to prefer, to prepare, to propose, to regret, to secure, to try, to want, to wish.
  • e.g. They have arranged to produce the equipment.
  • We won't fail to provide full particulars as soon as possible.
  • In the case the suppliers want to have any additional information you should contact us immediately.
  • Generally in contracts and agreements the infinitive adjunct to an active verb is a simple infinitive. Sometimes, however, it may be followed by the perfect infinitive, indicating an action which precedes that one of the predicate verb. As for the continuous infinitive in this function the analysis of contracts has proved that it is hardly ever used.
  • It should also be noted that in commercial correspondence the subject of the infinitive adjunct is a person (e.g. we, they) or a thing denoted by the subject of the sentence (e.g. our firm).
  • e.g. We look forward to your early reply.
  • The Suppliers inform the Buyers that there had been a fire.
  • The infinitive in business correspondence may also serve as an adjunct to a passive verb. In this case it always follows its head-verb and is lexically restricted. The infinitive in this function follows the following verbs: to consider, to expect, to instruct, to prepare, to repute, to require.
  • e.g. The goods are considered to be in conformity with the certificate.
  • The delivery date is understood to be the date on which the Suppliers apply to the Buyers' Shipping Agents.
  • The use of the infinitive adjunct to a passive verb is stylistically restricted. It frequently occurs in newspapers, scientific prose and business correspondence, but it is not characteristic of literary style, and in social English it is not common at all.
  • The infinitive may serve as an adjunct to an active verb followed by a noun or a pronoun which stands to the infinitive in the relation of a subject. The combination is lexically restricted, because in business correspondence it may be found only after the definite verbs from the following list: to advise, to allow, to ask, to enable, to expert, to help, to prefer, to urge, to want, to wish.
  • e.g. We would advise you to take an all-rich insurance policy.
  • If the period of guarantee has not expired we will ask you to replace the machine by another one.
  • We agree to accept this shipment on condition that you…
  • The complex infinitive adjunct to an active verb is not restricted stylistically and is in extensive use in scientific and fiction literature and also in commercial and business correspondence.
  • The Indefinite Infinitive occurs in contracts in the function of the predicate, expressing obligation and a future action.
  • e.g. Delivery to commence in six to eight months and to be completed in twelve to sixteen months (to commence - will commence).
  • Date of shipment to be determined by date of Bill of Lading (to be determined = will be determined).
  • It is allowed only in texts of contracts and other business documents.
  • Each contract also has constructions with participles.
  • e.g. The letter of credit is to be valid for 90 days, all bank charges being at the expense of the Buyers.
  • Here is a construction with Participle I where it refers to the noun in the General Case, which goes before the participle. It is not common in speech, but it occurs in contracts.
  • Constructions with the Perfect Participle, however, are rare in contracts and show an action prior to another one expressed by the predicate.
  • e.g. We have included in our claim only the cost of material and labor, all other expenses connected with the repair not having been taken into consideration.
  • Some participles which have no explanatory words in contracts can either precede or follow a noun. Mostly they are constructions with Participle II:
  • e.g. the required specification vs. specification required; the enclosed letter vs. the letter enclosed.
  • The Past Participle Passive always follows a noun if it has explanatory words.
  • e.g. a telegram received from London;
  • the cheque attached to the letter.
  • If a participle shows only an action which is made upon the subject, it follows a noun.
  • e.g. The sellers are to inform us of the quantity of the goods loaded.
  • Buyers are to accept or pay for the quantity shipped.
  • The participle showing the quality, if there is one, precedes the noun:
  • e.g. within six weeks of the stipulated time of shipment;
  • illustrated catalogue; damaged goods.
  • 2.3 Lexical peculiarities of contract
  • 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 meaning of their components. There is no principal difference, though, between meanings of here- / there - compounds.
  • e.g. If shipment of the whole or part is thereby rendered impossible… (thereby = by it; by that means; in that connection)
  • We are sending you herewith statement of your account (herewith - with it / that)
  • All expenses connected therewith being born by… (therewith - with it)
  • The examination of the goods and objection thereto… (thereto = to it)
  • Subject to General Conditions on Sale endorsed hereon… (hereon = on this document)
  • The goods to be shipped as soon thereafter as suitable tonnage obtainable. (thereafter = from that time)
  • The Sellers shall not be responsible for any damage resulting to the Buyers therefrom, (therefrom = from it / them)
  • Hereinafter is a very useful word, doing the job of the six, referred to later in a document. Hereinafter frequently sets up abbreviated names for the contracting parties.
  • e.g. D & R Electrical, Ltd. hereinafter the Buyer.
  • The aforesaid is a cliche which is more preferable in texts of contracts instead of its less formal equivalents: the above-mentioned, the above-written, as was written / said before, and the like.
  • e.g. The aforesaid documents should contain references…
  • It is understood and agreed. On one hand it usually adds nothing, because every clause in the contract is figurally understood and agreed. On the other hand, it adds an implication that the other clauses are not backed up by this phrase. By including one you exclude the other.
  • e.g. The prices in this contract are understood and agreed upon.
  • Including without limitation. Usually people want to specify things underscored in contracts, and this phrase indulges the prediction.
  • e.g. You may assign any and all your rights including without limitation your exclusive British and Commonwealth Rights.
  • To tell the truth, it is a useful phrase because people are always forgetting or neglecting to mention that a great many interests may be involved in what appears to be a simple dialogue. A is controlled by investors, and В - by a foreign parent company. That's why it will be useful to say in such a situation as between us…
  • e.g. We confirm the exchange of telexes as between us follows…
  • Solely on condition that - it's one of a few phrases that can be considered better than its short counterparts. One might ask: «Why not use just if instead of the phrase?» If - by itself, opens a possibility to open contingencies.
  • e.g. If Smith delivers 2000 barrels I will buy them.
  • But it is unclear if you will buy them only from Smith. Therefore, we can use only if as a synonym. Sometimes it works out, but not always. In this case more than an elaborated phrase is justified.
  • e.g. I will buy 2000 barrels solely on condition that Smith delivers them.
  • The phrase makes the conditions of the deal clear.
  • e.g. We can accept the goods solely on condition that you grant us allowance of…per…
  • In contracts there are other prepositional phrases made up from words. They are complex, and one must be attentive using them. The prepositions also provided are the following: on conditions that; on the understanding, etc.
  • e.g. We agree to this only on the understanding that the rate of freight does not exceed.
  • e.g. Claims against the quality of vehicles may be submitted on conditions that the defects are found within 40 days.
  • Such prepositional phrases are practically equal in meaning.
  • Subject to - a few contracts do without this phrase. Many promises can be made 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 destination in the U.K.
  • On the contrary, such a Latin adjective as extra, which means additional, keeps being widely used in official English, and is quite common for the colloquial style.
  • e.g. In order to obtain delivery we have had to incur extra expenses for which we hold you responsible.
  • e.g. No extra payment is to be effected for any excess weight.
  • The most widespread French words are force majeure, which is an essential clause of almost any contract and serves to describe some unpredictable events that may happen to goods while being delivered or other reasons, and amicably, which means friendly.
  • e.g. Very often the parties amicably agree upon a settlement of the claim in question.
  • e.g. The Sellers and the Buyers shall take all measures to settle amicably any disputes.
  • So, in contracts a person can come across a definite number of words and word combinations which make up lexical peculiarities of the texts. They all are rather bookish and belong to formal style of written English, not being used in informal English and rarely used in spoken formal English.
  • In Chapter 2 the stylistic, grammatical, lexical peculiarities of contract and business correspondence have been analyzed. On the basis of our analysis we can conclude that language of contracts and business correspondence is not always easy to obtain due to their complicated syntactic constructions, specific terms and abbreviations. Linguistic peculiarities of business correspondence and contracts are similar because both of them belong to the formal style of English which is characterized by the conventionality of expressions, combining several ideas within one sentence, the encoded character of the language, absence of emotiveness. All that revealed in texts of contracts and business correspondence through their vocabulary, grammar and style.
  • 3. The translation of official documents
  • 3.1 Problems of adequate translation of official business papers
  • Equivalence is almost full and identical preservation of source text information including the stylistic peculiarities. Equivalent translation is rather relative notion. Its level and specific character change depending on the way of translation and genre of target text. Equivalence of requirements to the translation of scientific, business and, for example, literal texts can also be different. Types of texts determine approach to the translation, choice of translational method and equivalence degrees of target text. Aims and tasks of translator vary when he / she translates poem or novel, scientific article or newspaper information, document or technical instruction.
  • The great number of state, politic, commercial, legal and other documents belongs to official business texts. Their main function is message. They are fully directed on rendering information. Their form in most of cases is typical: addressing, beginning of the text, succession of exposition, finalizing of document, and amount of cliches, in all languages obey strict rules of rhetoric. In target language the structure of source text remains, but cliches may vary at inner form coinciding with content. In European languages culture the standardization of documents is very high. Thus, while translating official business texts into Ukrainian it is not always possible to find equivalent of rhetorical stamps that is why word-for-word translation is sometimes used. This translation is used in diplomatic documents where each word is of great importance. Inappropriate word can cause misinterpretation and even diplomatic conflict.
  • The most widespread language of international business communication is English. But even between English and Americans could appear some linguistic misunderstandings. Such divergences had been accumulated for centuries during the process of English language development in two different historical and cultural 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 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 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 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 corresponding Ukrainian, then their usage is not appropriate. However, if foreign terms passed into active vocabulary of international communication they can be used in certain business papers. These are financial lexics and legal terminology.
  • The explanation used with translation of terms is inexpedient. For example, terms which name doctrines expressed in idioms 'clean hands' - чисті рук; чесність, бездоганність поведінки; 'rules against perpetuties' - правила проти вічних розпоряджень; доктрина недійсності угод, які встановлюють речові права з терміном виникнення більш ніж через 21 рік після смерті особи чи осіб названих в /, and so on. Term can be explained directly in text instead of original term, as a notice to corresponding part of text where term is used, or separately in that part of text where other terms are explained. There are cases when foreign term can be transliterated or explained, or both transliterated and explained. Sometimes foreign terms, though transliterated and due to it acquire original conception of term, have Ukrainian correspondence. It depends on context what method to choose. For example, term 'abandonment' can have meaning відмова, at the same time in insurance sphere it is transliterated - авансування. Such situation concerns a lot of foreign terms, e.g. 'accept' - 1. прийняття, 2. акцепт, 3. акцептування; 'endorsement' - 1. схвалення, підтвердження, 2. індосамент; 'freight' - 1. вантаж; 2. фрахт.
  • New term formation is rarely used, only when contracting parties agreed on the meaning of certain terms and there is a need in new terms.
  • 3.2 Application of Cross-Cultural Communicative Theory to business translation
  • Before signing a contract or any other important document, business partners begin communication which can be written or oral. If we are talking about forms of written communication first of all we mean business letters which can be considered as the initial part of business relationships. Oral communication includes telephone 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) individualism-collectivism, 2) low-high context communication, 3) uncertainty avoidance, 4) power distance. These features greatly influence linguistic and extra-linguistic manner of the translators.
  • In individualistic cultures people are supposed to look after themselves and their immediate family only, while in collectivistic cultures, people belong to in-groups of collectivities which are supposed to look after them on exchange for loyalty. The example of the first culture is presented by United States, whereas Japan is an illustration of the second. This factor is to be taken into consideration in negotiations planning, since a Japanese will never be able to take a decision which may lie beyond the interests of his corporation, and will never speak on his own behalf, whereas the individual achievements of an American may stipulate his risky decisions and possibility to take it independently. At linguistic level it stipulates the use of particular grammar structures - Active versus Passive, I / we pronouns, etc.
  • Communication that predominates in the cultures makes the second important criterion of cultural diversity. A high-context communication, inherent in most Asian cultures, is one in which the most information is implemented either in extra-linguistic situation of communication or is shared by the communicants, while very little is coded. A low-context communication takes place in terms of explicit code, like in Germany or the United States. This may cause the necessity to make certain aspects in business communication, e.g. price negotiations, more explicit for the Americans and less direct for the Japanese or the Chinese through the use / avoidance of certain direct grammar constructions and vocabulary.
  • Cultures with high uncertainty avoidance have a lower tolerance for uncertainty and ambiguity, which expresses itself in higher levels of anxiety and energy release, greater need for formal rules and absolute truth, and less tolerance for people in groups with deviant ideas or behavior. It was empirically confirmed that in organizations, workers in high uncertainty avoidance cultures prefer a specialist career and clear instructions, avoid conflict, and disapprove of competition between 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 was presupposed by the development of State system, government apparatus and by the need to confirm legal relationships of juridical and private persons by documents. The world practice shows that despite all the peculiarities of national systems of business correspondence the main requirements to the structure, fullness of content and arrangement are stable because they had been forming historically and were determined by the peculiarities of business communication.
  • National specific character in business letters is performed at communicative level because peculiarities of historical development in this sphere in every nation caused the formation of specific communicational phrases and stylistic constructions. That is why while comparing standards of official style of Ukrainian and of business correspondence in particular with the existing standards of English business correspondence one can distinguish ethno-linguistic characteristics of Ukrainian and English business correspondence which should be taken into account in translation. Ukrainian business correspondence is characterized by the functionality (the so-called 'telegraph style'), restraint and rationality, absence of emotional coloring, estrangement of exposition that expressed through rationality and strictness of linguistic forms and patterns. In comparison with Ukrainian style, style of English business letters is characterized by more independent choice of words and syntactic constructions, by the intention of author to show his personal interest and willingness for close partnership with addressee, by hierarchy of polite addresses depending on the level of formal relationships between communicants.
  • 3.3 Grammatical aspect of translation of official documents
  • The way of translation of official business documents is opposite of literary translation where concerns the freedom of translator's actions and choices. Literary translation is more art than craft which is accounted by the nature of literary texts. Translation of a literary text is unique and cannot be standardized and obeys almost 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 partisan interests if consensus on the abovementioned principles is to be achieved.
  • У будь-якому випадку, щоб дійти згоди щодо зазначених принципів, члени асоціації повинні облишити свої партійні інтереси.
  • 3.The Complex Object with the Infinitive is translated as an object subordinate clause,
  • e.g. Both experiments revealed the rated dimensions to be highly interrelated.
  • Обидва експерименти показали, що розрахункові параметри дуже тісно пов'язані між собою.
  • 4.The Complex Subject with passive forms of the verbs «think, expect, show, see, find, argue, know, mean, consider, regard, report, believe, hold, suppose, note, claim, admit, interpret, etc.» is translated as a complex sentence with an object subordinate clause.
  • e.g. Still they can hardly be said to have come to the agreement.
  • І все ж навряд чи можна стверджувати, що вони дійшли згоди.
  • 5.The Complex Subject with active forms of the verbs «happen, appear, see, prove, turn out, be likely, be certain, etc.» is translated in two possible ways:
  • - the English finite form is transformed into a Ukrainian parenthesis and the English Infinitive into a Ukrainian predicate.
  • e.g. So, there appear to be two choices. Отже, виявляється, вибір існує;
  • - the English finite form transformed into Ukrainian main clause («малоймовірно», « мені здається», etc.) and the English Infinitive into Ukrainian predicate in an object subordinate clause.
  • e.g. Neither proposal is likely to work.
  • Малоймовірно, щоб якась з цих пропозицій виявилась слушною. If the English predicate has an object «by somebody» such predicate-object clusters are translated as a parenthesis «на думку» «за даними».
  • Depending on the function of the Gerund in the sentence it can be translated as:
  • - A noun.
  • 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 construction in the sentence:Nominative Absolute construction with Participle I is in postposition and plays the function of an adverbial modifier of attending circumstances..g. The Prime Minister and the African National Council promptly lapsed into mutual recrimination, each seeking to blame the other for deadlock.

Прем'єр-міністр і Африканська національна рада негайно перейшли до взаємних обвинувачень, до того ж кожна сторона намагалась перекласти на іншу провину за те, що вони потрапили у безвихідь.

The Nominative Absolute construction with Participle I and II is in preposition and plays the function of an adverbial modifier of cause or time..g. It being too late for further discussion, the session was adjourned.

Засідання було відкладено, оскільки було занадто пізно, щоб продовжувати дискусію.

The second element of the Nominative Absolute construction can be expressed by a noun or an adverb..g. The first conference a failure, another meeting at a ministerial level was decided upon.

У зв'язку з невдачею першої конференції було прийнято рішення про проведення ще однієї зустрічі на рівні міністрів.

The second element of the Nominative Absolute construction can be also expressed by an infinitive. It can be related to the future action..g. With the Congress still to be elected, the Republican leadership is already moving to team up with the Southern Democrats, as it did in the palmy days of the New Deal.

Хоча вибори до Конгресу ще попереду, керівництво Республіканської партії вже вживає заходів щодо об'єднання з демократами з Півдня, як це було під час розквіту Нового курсу.

The order of words with the subject after the predicate is called inverted order or inversion. While translating the target sentence retains the word order of the source sentence in many cases:.g. Of special interest should be the first article in Chapter 1.

Особливий інтерес має становити перша стаття у главі 1.

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 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

4.1 Analysis of linguistic peculiarities in texts of enquiry letter, order, complaint and in contract

our practical part we have represented the examples of enquiry, order and complaint, the way they can be translated into Ukrainian. They have been analyzed from the point of stylistic, grammatical and lexical peculiarities of contract.


Dear Sirs,were impressed by the selection of sweaters that were displayed on your stand at the 'Menswear Exhibition' that was held in Hamburg last month.are a large chain of retailers and are looking for a manufacturer who could supply us with a wide range of sweaters for the teenage market.we usually place very large orders, we would expect a quantity discount in addition to a 20% trade discount off net list prices, and our terms of payment are normally 30-day bill of exchange, documents against acceptance.these conditions interest you, and you can meet orders of over 500 garments at one time, please send us your current catalogue and price-list. We hope to hear from you soon.faithfully,. Crane

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 please send the shipping documents and your sight draft to Northminster Bank, Deal Street, 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 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 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 невідємною 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

Обладнання + документація $20000,000

Installation, putting into operation, and training personnel $250,000

Інсталяція, введення в експлуатацію, навчання персоналу $250,000

Spare parts $500,000

Запасні частини $500,000

Shipment $50,000

Відвантажування $50,000

Discount $60,000

Знижка $60,000

Total Contract Value $20740,000

Загальна оцінка контракту $20740,000

. Time of Delivery.

3. Строк поставки.

3.1. The machinery listed in Appendix 1 is to be delivered within four (4) months from the date of payment specified in Clause 4.1. of this contract.

3.1. Обладнання, перелічене у Додатку 1 повинно бути доставлено на протязі чотирьох місяців від дати оплати встановленої в пункті 4.1. цього контракту.

3.2. The delivery date is understood to be the date of the clean Bill of Lading issued in the name of the Buyer, destination Djakarta, Indonesia.

3.2. Дата доставки вважається дата видачі чистого коносамента із вказівкою імені Покупця і кінцевого порту призначення - Джакарта, Індонезія.

4. Terms of Payment.

. Умови оплати.

4.1. Within forty five (45) days from the date of signing this Contract, the Buyer is to make a wire transfer of one hundred percent (100%) of the total contract value to the account of the Seller at the Bank of Lucia, Bacardia.

4.1. Протягом сорока пяти (45) днів від дати підписання цього контракту Покупець повинен зробити телеграфний переказ 100 відсотків загальної оцінки контракту на рахунок Продавця у Банку Люції, Бакардія.

4.2. Wire transfer payment at the rate of hundred percent (100%) of the total contract value is to be effected in US dollars against the following documents:

4.2. Оплата телеграфного переказу по курсу 100 відсотків (100) загальної оцінки контракту повинна бути проведена в доларах США на основі наступних документів:

4.2.1. Original Bill of Lading issued in the name of the Buyer, destination Djakarta, Indonesia.

4.2.1. Оригінал коносаменту, виписаного на імя Покупця із вказівкою кінцевого порту призначення Джакарта, Індонезія.

4.2.2. Shipping specification.

4.2.2. Відвантажувальної специфікації.

4.2.3. Certificate of Quality.

4.2.3. Сертифікат якості.

4.2.4. Insurance policy.

4.2.4. Страховий поліс.

5. Guarantee of Quality.

5. Гарантія якості.

5.1. The guarantee period is 18 month from the date of putting the machinery into operation, this date specified in an appropriate Act signed by representatives of the Parties to the present Contract.

5.1. Гарантійний період 18 місяців від дати введення в експлуатацію обладнання, що визначена належним Актом підписаним уповноваженими представниками Сторін існуючого контракту.

5.2. If the machinery proves to be faulty within the Guarantee period, the Seller must replace it at his expense, as well as deliver the replaced machinery or parts to the Buyer.

5.2. Якщо на протязі гарантійного періоду трапилася поломка обладнання Продавець повинен замінити його за свій рахунок, так само як і доставити замінене обладнання чи частини Покупцю.

6. Terms of Shipment.

6. Строки відвантажування.

6.1. The machinery is to be shipped by sea in containers packed and marked as specified in Appendix 2 of this Contract.

6.1. Обладнання, що повинно бути відправлено морським шляхом в контейнерах пакується та відмічається як визначено у Додатку 2 цього контракту.

6.2. The Buyer is to be informed by the Seller regarding the date of shipment, the Bill of Lading number, number and weight of containers, the vessel name. Notification is to be done by fax within twenty-four (24) hours after shipment.

6.2. Покупець повинен бути проінформований Продавцем стосовно дати відвантажування, номеру накладної, кількості та ваги контейнерів, назви судна. Повідомлення повинно бути зроблено відповідно факсу протягом двадцяти чотирьох (24) годин після відвантажування.

7. Insurance.

7. Страхування.

7.1. Insurance policy is to be provided by the Seller who covers the insurance expenses from the moment the machinery under this contract is dispatched until the moment it is delivered to the Buyer at the port of destination.

7.1. Страховий поліс повинен забезпечуватися Продавцем, який покриває страхові витрати з моменту відправлення обладнання до моменту отримання його Покупцем у порту призначення.

8. Sanctions.

8. Санкції.

8.1. In the event of delay in delivery of the machinery, the Seller is to pay the 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 пяти (5) днів затримки.

8.2. The delay of less than five days entails no penalty.

8.2. Затримка менше пяти 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 зобовязань 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 зобовязання 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 disputes or differences which may arise out of the present Contract.

10.1. Продавець і Покупець робитимуть усе, що в їх владі, аби улагодити будь-які суперечки чи розбіжності, що можуть виникати з

існуючого контракту.

10.2. If the parties do not come to an agreement, all disputes and differences will be submitted to arbitration in Helsinki, Finland, in accordance with the regulations of the Chamber of Commerce in Helsinki and applying the laws of Finland.

10.2. Якщо сторони не дійдуть згоди, то усі суперечки чи розбіжності будуть передані на арбітраж в Хельсинки, Фінляндія, згідно положенням Торгової Палати в Хельсинки та застосування законів Фінляндії.

11. Other Terms.

. Інші умови.

11.1. Any changes, amendments, and supplements to the conditions of this Contract are valid only if set forth in a written document signed by authorized representatives of both Parties to this Contract.

11.1. Будь-які зміни, поправки, додатки до умов існуючого контракту дійсні тільки якщо вони сформульовані у письмовому документі, підписаному представниками обох сторін цього контракту.

11.2. The Contract comes into full force from the date of its signing.

11.2. Контракт вступає в повну силу від дати його підписання.

12. Legal addresses of the Parties.

12. Юридичні адреси Сторін.

SellerBuyerПродавецьПокупецьBasic Machinery Ltd.P.O. Box 505Бейзік Мешінері Лтд.поштова скринька 50517 Rose LaneDjakarta, 7707717 Роуз ЛейнДжакарта, 77077Lucia, BacardiaIndonesiaЛюція, БакардіяІндонезіяfor and on behalf of the Sellerfor and on behalf of the Buyerвід імені та за дорученням Продавцявід імені та за дорученням ПокупцяJennifer MasumiRichard JohnsonДженіфер МасуміРічард ДжонсонSenior Executive OfficerManaging DirectorСтарша Посадова особаГенеральний директор

4.2 Analysis of linguistic peculiarities in text of contract

examples of these documents illustrate the linguistic peculiarities of business correspondence and contract, the way they can be translated. As for the grammatical peculiarities of the contract we can see that the most widespread tenses in contract are the Indefinite and the Perfect tenses in Active and Passive Voices:

… have made the present Contract as follows…

For the accommodation/ services provided to the Firm's customer the Hotel has established the following rooms rates…payment in Russian rubles is carried-out by resident organizations…

In contracts verb shall are frequently used for the first and the third person in the plural or singular form, and sometimes has the meaning to be obliged:fee for passport registration shall be paid separately…

…all sums subject to payment shall be understood…

…the Firm shall pay to the Hotel the cost of one day's stay at the Hotel…

The Hotel shall be responsible for service standards…Hotel shall have the right to amend the rates…

…the Firm shall undertake to pay 60 USD…

The Parties shall take all reasonable measures…

The peculiarity of contract is also omitting if'm subordinate clauses with should:the customer leave the room after the check-out time…

The Infinitive as an adjunct to Active verb is used in text of contract:disputes, on which the Parties fail to come to an agreement…every contract this one has constructions with Participle I and Participle II:

…all disputes arising between the Firm and the Hotel…

… including all applicable taxes

…the confirmed orders…

…the bank indicated…

confirmed reservation…

As for the lexical peculiarities of the contract we can see that there are no emotionally coloured words. In text of contracts prepositional words and phrases are used; in our case we have such prepositional phrases as:

…hereinafter referred as…

…on condition that…contract is clear, concrete, neutral. It has no idioms, phrasal verbs, colloquial language.every business document contract has its own peculiar features. In comparison with other documents its language is the most formal and intricate. That's why the translation and drawing up of contract can cause some difficulties. Stylistic peculiarities of contract are concreteness, clearness of the idea, conciseness, clear rhythm of sentences. Grammatical peculiarities of contract are characterized by high usage of verbals. Its text is presented mostly with Infinitive and participial constructions.


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 capitalized. That is done to show the equality of items of a document.main stylistic peculiarities of contract are concreteness, conciseness, clearness of the idea, high capacity of information, strict logic, clear rhythm of sentences, word repetitions which accent the main idea, no connotations, cliches and stamps, usage of monosemantic words and words in their direct logical meaning, division of text into chapters, paragraphs, points, presence of the definite syntactic structure.major difference of contract from other business papers is that it is made up by two sides, and information in them is approved by them both. All informational details are not suitable. Contract should be formal, complete, clear, concrete, correct and concise. It is also neat and has an attractive arrangement. The tone of contract is neutral and devoid of both pompous and informal language. It means there are no colloquial words and expressions, idioms, phrasal verbs. Abbreviations are not used if possible. Full forms of words are preferable. Sums are written both in figures and words.peculiarities of the documents are characterized by high usage of verbals. Its text is presented mostly with infinitive and participial constructions. Among infinitive constructions are singled out those ones with the Simple / Indefinite and Perfect Infinitives as adjuncts to active and passive (only in newspapers and contracts) verbs and the Simple Infinitives as complex adjuncts to active verbs.constructions are of the following types. Participle I refers to a noun in the General Case which goes before the participle. Perfect Participles are rare. Participle II either follows or precedes a noun.for the tense-aspect forms of the English verb, the Indefinite and Perfect tenses, both in the Active and Passive voices, are used instead of analytical forms. The past tenses are rarely used. Shall and should are used with all numbers and persons. Omitting // in subordinate clauses is another distinctive feature of contract.lexicon of contract is stable. All words are used in their exact meaning. There is no emotional colouring of words. Practically in every contract there are compounds with where-, here-, there - (whereas, thereby, herewith, thereto, etc.), hereinafter, the aforesaid, phrases: (it's) understood and agreed, including without limitation, assignees and licensees, without prejudice, as between us, solely on condition that, on conditions that, on understanding (hat, subject to, and others). In contracts are used words of the Latin origin: pro rata, pari passu, inferior, superior, ultima, proximo, extra, and French words: force majeure, amicably.our research we analyzed the influence of linguistic, ethnic, cultural, legal aspects on the translation of official business papers. The results of our investigation can be useful for adequate translation of official documents.


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