Ellipsis and Repetition in E-C Legal Translation
Ellipsis in translation means some word or components in source language do not need to be translated in target language. That is because the meaning of these omitted words or components is obvious, or because it will cause burdensome or lacking in fluency in translation.
Many kinds of word class and components in English can be omitted in Chinese. In addition to the ellipsis of pronouns, some other words or phrases can be omitted due to grammatical or rhetoric point of view.
Consultant will deliver to Client all Confidential Information and all copies thereof when Client requests the same or immediately upon termination of this Agreement, which ever occurs earlier, except for one copy thereof that Consultant may retain for its records.
In legal English, thereof and hereof are quite often to see, to make the expression more exactly. But in the certain context of Chinese language, many of them can be omitted. The two “thereof” in the above sentence is a good example.
The Purchaser further undertakes and agrees to procure and ensure that the independent auditors of the Purchaser and any agent, employee or independent contractor of the Purchaser abide by this Clause.
Procure (保证) and ensure (确保) are with the same meaning. Here we omit procure and only translate ensure. The last “Purchaser” also can be omitted according to Chinese expression, thus there is only one 买方 in translation.
The formation of this Contract, its validity, interpretation, execution and settlement of disputes in connection herewith shall be governed by the laws of the People’s Republic of China (“PRC”), but in the event that there is no published and public available law in the PRC governing a particular matter relating to this Contract, reference shall be made to general international commercial practices.
It is obvious that the Law is open to public once published. Thus we do not need to add “publicly available” in translation.
Read Also: Amplification in E-C Legal Translation
Repetition is in the other side of ellipsis. Actually, repetition is also a kind of word-adding, but it adds the same word. We need repetition in translation, because English and Chinese languages have different sentence structure and figure of speech. In other words, some omitted words or phrases in English need to be represent in Chinese, thus we have to repeat them in our translation. The purpose is to make the translation accord to Chinese expression habit.
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.
If the Vendor shall fail or refuse to transfer any Shares pursuant to the provisions of this Clause X to the Purchaser, the Company Secretary or any other person appointed by the Board shall be deemed to have been irrevocably authorized by the Vendor, with full power to execute, complete and deliver, in the name and on behalf of the Vendor, transfers of the Shares to the Purchaser, against payment of the purchase price therefore to the Company.
Party A has full legal right, power and authority to execute and deliver this Contract and all of the agreements and documents referred to in this Contract to which Party A is a party and to observe and perform its obligations hereunder and thereunder.
“Hereunder and thereunder” in this sentence mean “here and there”, must be restored to “this Contract and all the agreement and documents”. Thus we need to repeat these words in our translation.
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