国际商务合同翻译教学资料讲解

2 Genuineness of consent
• Any consent to a business contract must be genuine, and lack of genuine consent can be the result of a mutual mistake of fact, fraud, duress. If one party, through the use of fraud or forced means or by taking advantage of the other party’s difficulties, leads the other party to conclude a business contract contrary to his true intentions, the party suffering from harm has the right to request that the court or an arbitration body alter the contract.
三、 商务合同的翻译标准
▪ 一、准确严谨（faithቤተ መጻሕፍቲ ባይዱulness & accuracy）
▪
商务合同的专业性和兼容性越来越强，为了避
免产生歧义，涉外商务合同的翻译必须把“准确严
谨”作为首要标准。合同文本是合同双方当事人真
实意思表示的文字形式的记录，因此合同文本的翻
译不同于文学翻译，一般不讲究文采韵味，而要求 必须准确严谨反映当事人的意思表示。
一、合同的基本概念 Basic Concept of Contract
《中华人民共和国合同法》第2条规定：“合 同是平等主体的自然人、法人、其他组织之间设 立、变更、终止民事权利义务关系的协议”
(Contract refers to agreements between equal natural persons，legal persons and other organizations for the purpose of establishing, altering and terminating mutual civil rights and obligations)。
6 complying with laws
• In concluding business contracts, parties shall respect social morals, and may not disturb the social or economic order or harm social and public interests.
3 Free will
• The principle of free will prevents any unit or individual from illegally interfering with other party’s right to conclude business contracts. Furthermore, neither party in a business contract may impose its will on the other party.
1 contractual capacity of the parties
• Some business contracts concluded by persons with only limited capacity for civil conducts or entered into by a person mentally incompetent can be revocable, invalid, or no contract at all.
International Business Contracts translation
国际商务合同翻译
Course Descriptions
Basic Knowledge of International Business Contracts
一、合同的基本概念 Basic Concept of Contract二、 Features of International Business Contract三、 合同翻译的标准
5 Fairness
• A business contractual relationship images the relationship of circulation of commodities. Only when the principle of fairness is complied with can the market be in good order. In concluding business contracts, parties shall fairly define their respective rights and obligations. A party shall not conclude a contract that is clearly unfair by taking advantage of his predominance over the other party, or of the other party’s lacking of experience.
4 honesty and trustworthiness
In performing business contracts, parties shall observe the principle of honesty and trustworthiness and exercise their rights properly and fulfilling their obligations actively.
▪ 要做到用词准确（accuracy）。