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Contract & Agreement and E-C Translation

According to Contract Law of the People's Republic of China (1999), A contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations. Steven H. Gifts defined contract in Law Dictionary as: contract is a promise, or a set of promises, for breach of which the law gives remedy, or the performance of the which the law in some way recognize as a duty. As for agreement, there are two definitions by Black. Onr is “A concord of understanding and intention between two or more parties with respect to the effect upon their relative rights and duties, of certain past or future facts or performance”; the other is “The consent of two or more persons concurring respecting the transmission of some property, right or benefits, with the view of contacting an obligation, a mutual obligation”. In English-Chinese translation of contract & agreement, there are many principles to follow. Here, I want emphasis two of them: ellipsis and repetition. Ellipsis Some parts of speech and components of sentences can be omitted in translation. Personal pronouns and possessive pronouns can be omitted. Some grammatical and rhetoric words can also be omitted. For example: Consultant will deliver to Client all Confidential Information and all copies thereof when Client requests the same of immediately upon termination of this Agreement, whichever occurs earlier, except for one copy thereof that Consultant may retain for its records. 客户要求时,或本协议终止时(以两种情况情况中先发生的为准),顾问将向客户提交所有机密信息及所有副本,但顾问可以存档的一份副本除外。 Thereof is omitted here. Repetition Repetition is the contrast of ellipsis, which is actually a kind of words-adding - adding the same words. We need to repeat some words in translation, because syntax and figures of speech in English and Chinese are quite different. For example: After Completion, the Vendor shall not in any way hold itself out or permit itself to be held out as being interested in , or in any way connected with, the Company. 交易完成之后,卖方不得自称,也不得允许他人宣称卖方在公司中拥有权益或与公司有任何关联。 Party A has full legal right, power and authority to execute and deliver this Contract and all of the agreement and documents referred to in this Contract to which Party A is a party and to observe and perform its obligations hereunder and thereunder. 甲方在法律上有充分的权利、权力和权限签署和交付本合同及本合同中提及的该方为一方的所有协议和文件,遵守并履行本合同及该等协议和文件规定的义务。 Here are some common useful sentence patterns. We hereby certify to the best of our knowledge that the foregoing statement is true and correct. 特此证明,据我们所知,上述声明内容真实,正确无误。 This Contract is hereby made and concluded by and between Co. (hereinafter referred to as Party A) and Co. (hereinafter referred to as Party B) on (Date), in (Place), China, on the basis of equality and mutual benefit and through amicable consultation. 本合同双方,  公司(以下称甲方)与  公司(以下称乙方),在平等互利基础上,通过友好协商,于      日在中国  (地点),特签订本合同。 This agreement is hereby made and entered into on (Date), by and between Co. China (hereinafter referred to as Party A) and Co. (hereinafter referred to as Party B). 中国  公司(以下简称甲方)与  公司(以下简称乙方)于      日特此订立本协议。 The contract shall be valid for 10 years from the effective date of the contract. The contract shall become null and void automatically on the expiry of the contract‘s term of validity. 本合同的有效期从合同生效之日起算起共计 10 年,有效期满后,本合同自动生效。 This certificate shall be considered null and void in case of any alteration. 任何修改,本证书将被视为无效。 This contract is made in two originals that should be held by each party. 此合同一式二份,由双方各持一正本。 What is left unmentioned in contract may be added there as an appendix. 本合同未尽事宜,可由双方增补作为合同附件。 The Contract is written in quadruplicate (two for original and copy respectively) which shall become valid on the date of signature. 本合同一式四份(正副本各两份)自签署后生效 This Contract is executed in two counterparts each in Chinese and English, each of which shall be deemed equally authentic. This contract is in 2 copies effective since being signed/sealed by both parties. 本合同为中英文两种文本,两种文本具有同等效力。本合同一式两份。自双方签字(盖章)之日起生效。 This contract is made by and between the buyers and sellers, whereby the buyers agree to buy and the sellers agree to sell the under-mentioned. Commodities according to the terms and conditions stipulated below. 本合同由买卖双方签订,根据本合同条款,买方同意购买,卖方同意出售以下产品。

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