商务英语翻译 Chapter 9 10.pdfVIP

Chapter 9 Business Contracts I. General Introduction Definition: A contract is an agreement, which legally binds the parties concerned. Contracts refer to agreements establishing, modifying and terminating the civil rights and obligations between subject s of equal footing, that is, between natural persons, legal persons or other organization. (Contract Law of China, 1999) A contract is a promise, or a set of promises, for breach of which the law gives remedy, or the performance of which the law in some way recognizes as a duty. (Law Dictionary by Steven, H. Gifts) Style: the frozen style according to Martin Joos, American linguist, 1962, II. Classification of business contracts 1. According to the rights and duties between the two parties 1). Contracts for International Sales of Goods 2 ） Contracts for International Technology Transfer 3) Contracts for Sino-foreign Contractual Joint Venture 4 ）Contracts for International Engineering Projects 5) Contracts for Compensation Trade 6) Contracts for Sino-foreign Cooperation Development of Natural Resources 7)Contracts for Foreign Labor Services 8) Contracts for International Leasing Affairs 9) Contracts for Sino-foreign Credits and Loans 10) Contracts for International Build Operate Transfer 2. According to the styles of the contracts (formality) Contract, agreement. Confirmation , memo, order, etc. III. Structure of business contracts 1. Title 2. Preamble ① Date and Place of Signing ② Signing Parties and Their Nationalities, Principal Place of Business or Residence Addresses ③ Each Party’s Authority ④ Recitals or Whereas Clause 3. Body ① Definition Clause ② Basic Conditions 1）当事人的名称或者姓名和住所。2 ）标的是指合同的客体，即当事人权利 义务共同指向的对象。合同标的可以是货物，也可以是劳务，还可以