Neither Party hereto shall assign this Agreement or any of its rights and interests hereunder without the other Party’s prior written consent, which shall not be unreasonably withheld.
In upper sentence here would be recognized as this, there should be thought as that and where shall be translated to which, therefore, here of=of this, hereon=on this, hereto=to this; in the same way, thereof=of that, thereto=to that, and whereby=by which. After using these words and phrases, firstly, this avoiding the repetition of key words and phrases to achieve the clear of expression. On the other side, this achieved the accurate and logical of expression. It’s very important to understand this point for legal translation.
Other archaism-looking words such as (This LEASE...) WITNESSETH, (its) duly (authorized officer), (my Commission) Expires (this__ day of__, 19__, (the) Executrix (of this my Will), outright (if she is living at the time of my death), (we hereby) attest (to our belief), (the) testator, and so on also present a degree of formality.
2.6 Special use of common words
Like all other specialists who have each built a technical vocabulary for themselves, lawyers also have a set of technical terms at their own disposal. Besides those words mentioned above which are unique to the variety of legal documents, a number of common words have been converted into technical terms with only one of their meanings kept in the legal text. For instance, in legal texts, instance refers to a formal legal document, deed refers to a signed and usually sealed document containing some legal transfer, bargain or contract, principal means a corpus of estate, anticipate means to use or expend in advance of actual possession, alienate means to convey or transfer property or a right by a specific act rather than the due course of law, assign means to transfer property to another in trust or for the benefit of creditors. Noteworthy is the specified meaning of whereas (-considering that) in legal contract texts:
Whereas Party B possesses the know-how and practical production experience for designing, manufacturing and applying of the Contract Products and Whereas Party B has the right and desire to transfer the above-said know-how to Party A, and Whereas Party A desires to acquire the know-how from Party B to design, manufacture and sell the Contract Products in accordance with Party B's know-how, the two Parties entered into this contract through consultation under the terms and conditions as follows:
Common words used in such a special way in legal documents, help mark out a text as belonging to the field of legal English. What is interesting about legal texts is the way lawyers define very common words or expression as they do in Sample 2. They spare no pains in making clear the exact interpretation of words and expressions like bodily injury, highway vehicle, automobile, midget automobile, newly-acquired automobile , even the word war. This clearly shows their effort to guard against any disputable man-in-the-street understanding of the respective meanings.
2.7 Tendency to technical terms
When reading legal documents, we can see many technical terms such as certiorari which means a writ from a higher court to a lower one requesting a transcript of the proceedings of a case for review. tort（侵权行为），alibi (不在犯罪现场).etc. According to the characteristic of resource of lexical words and paragraphs, we have two major categories: glossary of Latin terms and glossary of French terms.
2.7.1 Technical terms from Latin
Due to historical factors, lots of loan words exist in contemporary legal English .Latinas and French are the main groups of legal glossary, which cannot be neglected. With the entrance of Christianity in A.D 597, Latin language was also infiltrated to legal English .these Latin words are still used in today’s legal English. Today, many standard legal dictionaries and E-C legal dictionaries still collect many words which directly come from Latin language. Among these words, mangy are assimilated by English in phonetics and morphology which become a part of English language, such as these words below: affidavit（宣誓书）、homicide（杀人）、custody（拘留）、prosecute（起诉）、testimony（证词）、orbiter（仲裁人）、veto（否决）、alias（化名；别名）、alibi（不在犯罪现场）、quorum（法定人数）、legal（合法的）、minor（未成年人）、appeal（上诉）、mediator（调停者）、declaration（申诉）、notary（公证人）、per capita（人均）、pro forma（形式上的）、force majeure（不可抗力）、versus (与…相对).etc. Excepting upper words, many Latin words are still remained their aspects which would give us lots of troubles in legal translation, if we do not acquaint these words. For instance, there are some Latin words below: ad hoc（专门的；专门地）、bona fide（真诚的；真诚地）、per se（自身）、in re（关于）、in esse（实在的）、corpus delicti（犯罪事实）、mens rea（犯罪企图）、nulla bona（无财物供执行）、condominus（共有人）、confide jussio（共同保证）、res judicata（已判决的事件；既判案件）、nolle prosequi（撤诉）、pro rata（按比例）、inter alia（除了别的以外；特别是）、de facto （事实上的）、coram（在某人面前）、juscriminale（刑法）、vice versa（反之亦然）、prima facie（表面的；初步的）、ex parte（单方面的/片面的.etc.
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