李长栓《非文学翻译理论与实践》第2版翻译示例汇总(法律翻译应注意的问题)【圣才出品】

李长栓《非文学翻译理论与实践》第2版翻译示例汇总

第19章法律翻译应注意的问题

19.1情态动词

1.第八条依法成立的合同，对当事人具有法律约束力。当事人应当按照约定履行自己的义务，不得擅自变更或者解除合同。

【原译】Article8As soon as a contract is established in accordance with the law,it shall be legally binding on the parties.The parties shall perform their respective obligations in accordance with the terms of the contract.Neither party may unilaterally modify or rescind the contract.

【解析】第一个shall不可能表示“必须”(意思不通)，所以不能换成must；换成will又不符合法律使用一般现在时的原则，所以只能换成is；第二个shall表示应当(必须)，所以，要译为must。

【拟译】A contract drawn up in accordance with the law is legally binding upon the parties.A party must perform its obligations in accordance with the contract,and may not arbitrarily modify or terminate the contract.

【旁证】A contract validly entered into is binding upon the parties.It can only be modified or terminated in accordance with its terms or by agreement or as otherwise provided under these Principles.

2.第七条有下列情形之一的，禁止结婚：

(一)直系血亲和三代以内的旁系血亲；

(二)患有医学上认为不应当结婚的疾病。

【原译】Article7No marriage shall be contracted under any of the following circumstances:

(1)if the man and the woman are lineal relatives by blood,or collateral relatives by blood up to the third degree of kinship;and

(2)if the man or the woman is suffering from any disease,which is regarded by medical science as rendering a person unfit for marriage.(中国法制出版社)

【拟译】Article7Marriage is prohibited if—

The two parties are lineal relatives by blood,or collateral relatives by blood up to the third degree kinship;or

Any party suffers from a disease considered by medical science as making a person unfit for marriage.

【解析】如果像原译那样，用否定的表达方法，应该说No marriage may be contracted…，而不是shall be…。

19.3隐藏的条件：“的”字结构

夫妻对婚姻关系存续期间所得的财产约定归各自所有的，夫或妻一方对外所负的债务，第三人知道该约定的，以夫或妻一方所有的财产清偿。(《婚姻法》第十九条第三款)

【原译】If husband and wife agree,as is known to the third party,to separately possess their property acquired during their marriage[should be married]life,the debt owed by the husband or the wife to a third party,shall be paid off out of the

property separately possessed by him or her.(中国法制出版社)

【解析】对复杂的句子可以进行核心句分析，然后重组：

If husband and wife stipulate they will separately own assets acquired during marriage;

If husband or wife owes a debt to a third party;

If the third party knows of this stipulation;

Husband or wife must pay the debt with the assets he or she owns;

【改译l】Where husband and wife stipulate they will separately own assets acquired during marriage,the husband or wife must pay the debt he or she owes to a third party with the property he or she owns,provided the third party knows of this stipulation.

【改译2】The husband or wife must pay the debt he or she owes to a third party with the assets he or she owns if they stipulate they will separately own assets acquired during marriage and if the third party knows of this stipulation.

【清单式】The husband or wife must pay the debt he or she owes to a third party with the assets he or she owns—If they stipulate they would separately own assets acquired during marriage;and

If the third party knows of this stipulation.

【改译3】If husband and wife stipulate they will separately own assets acquired during marriage,and if a third party knows of this stipulation,the husband or wife must repay the debt owed to such third party with personal assets.

19.4同义词