A Study Of Sales Contract Translation Based On Text Analysis Theory

Contrary to traditional equivalence translation theory which overemphasizes the roleof the source text and overlooks the target text, functionalist translation theory holds thatthe decisive factor in translation is the communicative function of the target text. However,most researches on functionalist translation theory didn’t elaborate how to identify thefunction of the target text. Besides they have put too much emphasis on the target text andunderestimate the role of the source text. This thesis explores the applicability of thetranslation-oriented text analysis to contract translation by analyzing the extratextual andintratextual factors of sales contracts, concludes the most relevant extratextual factors tosales contract translation and proposes translation strategies for each intratextual factor.The most relevant extratextual factors to sales contract translation are the sender’sintention, the receiver and text function. The sender’s intention requires the translator tobe loyal to the source text sender and fully transmit the information contained in thesource text. The receivers are usually lawyers who are familiar with the legal system inwhich the target language is spoken, and the target text must be acceptable to the receiver.The function of the target text is referential which frees the translator from theresponsibility of ensuring the same legal effect of the target text.For each intratextual factor, the thesis has formulated translation strategies asfollows. The title and preamble indicating the subject matter can be translated literally,but sometimes some adaptations need to be made to increase the target text receivers’acceptance. Ambiguous words in the content can be determined with the help of thespecific clauses. Function plus loyalty principle requires the presuppositions contained inthe source text to be correctly transmitted without further explanation by the translator. Inthe macrostructure, the translator must analyze the function of each part to figure out therelations between each provision and then systematically translate each of them. In themicrostructure, addition is often employed in the translation of sub-clauses, and in somecases each collocation must be carefully examined and then properly reconstructed.Non-verbal elements and suprasegmental features play an important role in the format and thus should be preserved.Translators should consult legal sources to translate the technical term. For wordstrings, translators should translate individual words separately except in cases that literaltranslation would cause confusion. The illocutionary forces of modal auxiliaries should bedifferentiated and then translated according to the conventional usage in the legal systemin which the target language is spoken. Long sentences in English contracts can be splitinto short ones and the prepositions and conjunctions should be paid more attention toidentify the logic relations between words and clauses. Passive voice in an English salescontract is often converted to active voice in the target text.