《lesson eight contract》.ppt

contract Usual wordings and text structure contract Covenant主要指不动产转让的合同和证明文件 Indenture为契约、契据corporate indenture指公司发行债券的契约文件 Deed（契据）为签名后盖上印章的书面合约 Compact 多用于国家间的协议、协定 Protocol 通常翻译为草约或议定书 Definitions 1.an agreement two or more parties creating obligations that are enforceable or recognized at law. 2.A promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. 3.a contract shall be an agreement whereby the parties establish , change or terminate their civil relationship. 4.an agreement between two parties by both are bound in law and which can therefore be enforced in a court or other equivalent forum. examples The buyer hereby orders from the seller the undermentioned goods subjected to the following conditions. The minimum royalty herein specified shall be paid by Party B to Party A. This agreement is made and concluded on ___,(date)___(year), by and between _____(hereinafter called Party A) on the one hand and ______(hereinafter called Party B) on the other hand. Both parties agree to attempt to resolve all disputes between the parties with respect to the application or interpretation of any term hereof of the transaction hereunder, through amicable negotiation. Usual wordings: Usual function words: 1.here/there/where+介词构成的古体词 Here 代表this, there 代表that, where代表which 或what hereby: by means of, by reason of this特此，由此，兹 Herein: in this 此中，于此 Hereinafter: later in the same contract以下，在下文 Usual function wordings 2.witnesseth, whereas, now therefore, now these presents witness, know all men by these presents, in witness whereof, in testimony whereof, undersigned用于合同结尾证明部分，以此为证，特此证明 3.notwithstanding: in spite of, despite 4.as: as provided for依照某某规定，except as otherwise provided除非本文/本条款另有规定，as the case may be视具体情况而定，as of the date of 自某年某月某日起， as soon as practical=as soon as possible 5.Without prejudice to 不损害某规定情况下 6.attributable to, due to, owing to, by virtue of, in view of, b