例1:When the goods have arrived at their destination, the consignee that demands delivery of the goods under the contract of carriage shall accept delivery of the goods at the time or within the time period and at the location agreed in the contract of carriage or, failing such agreement, at the time and location at which, having regard to the terms of the contract, the customs, usages or practices of the trade and the circumstances of the carriage, delivery could reasonably be expected.(1)
这一句共有83个单词,具体翻译步骤如下:
步骤1:“拆分”句子,找出句子的主体结构。
在这一句中,有多个从句:when引导的状语从句,that和which引导的定语从句。此外,该句中还有or和and引导的多个并列结构,以及at引导的介词成分。经过分析,本句的主体结构是:the consignee shall accept delivery of the goods。
需要注意的是,在which引导的定语从句中,有一个插入语:having regard to ...
步骤2:分别翻译分割后的短句。
When the goods have arrived at their destination:当货物到达目的地时。
the consignee that demands delivery of the goods under the contract of carriage:要求交付货物的收货人。
having regard to the terms of the contract, the customs, usages or practices of the trade and the circumstances of the carriage:应当在考虑到合同条款和行业习惯、惯例或者习惯做法以及运输情形。
at the time and location at which(...) delivery could reasonably be expected:能够合理预期的交货时间和地点。
例2:Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgment. (2)
这一句共有91个单词,具体翻译步骤如下:
步骤1:“拆分”句子,找出句子的主体结构。
这句话中有where引导的两个条件状语从句,which引导的两个定语从句,that引导的一个同位语从句(there is an implied condition that ... ),that引导的两个宾语从句,以及whether or not引导的一个状语从句。这句话的主体结构是:there is an implied condition。
步骤2:分别翻译分割后的短句。
Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought:如果卖方在商业经营过程中出售货物,并且买方明示或默示地将购买货物所用于的特定目的告知卖方。
there is an implied condition:存在下述默示条件。
the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied:根据合同提供的货物将合理地适用于该目的,不论其是否为通常提供的货物所适用之目的。
except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgment:除非情况表明买方不依赖卖方的技能或判断,或者买方对卖方的技能或判断产生依赖是不合理的。
例1:Party A and Party B shall respectively indemnify Party C, its Affiliates, and/or Staff, and hold each of them harmless in all respects, from and against any claims, demands, suits, or causes of action and any resulting settlements, awards, judgments, costs, expenses, losses, or damages(including without limitation attorney and court fees, value added taxes or similar taxes for which no credit is available under applicable legislation)(“Expenses and Loss”)arising out of their own breach of this Agreement(individually or collectively) and/or any act or alleged activity of Party A and/or Party B in any way connected to the Trademark or this Agreement, and shall jointly indemnify Expenses and Loss as a result of their joint violation of this Agreement.
这一句共有121个单词,具体翻译步骤如下:
步骤1:“拆分”句子,找出句子的主体结构。
句子中包括很多由and和or构成的并列结构,这些并列结构的翻译并不难。此外,句中还有分词构成的修订成分:arising out of ...
这一句的主体结构是:Party A and Party B shall respectively indemnify Party C, its Affiliates, and/or Staff, and hold each of them harmless in all respects(...) and shall jointly indemnify Expenses and Loss as a result of their joint violation of this Agreement.这也是一个并列的结构。
步骤2:分别翻译分割后的短句。
Party A and Party B shall respectively indemnify Party C, its Affiliates, and/or Staff, and hold each of them harmless in all respects:甲方和乙方分别赔偿丙方及其下属子公司和(或)工作人员,确保其不受下列损害。
(Party A and Party B)shall jointly indemnify Expenses and Loss as a result of their joint violation of this Agreement:(甲方和乙方)对其共同违反本协议的行为而导致的“费用及损失”负共同责任。
句中的并列结构:from and against any claims, demands, suits, or causes of action and any resulting settlements, awards, judgments, costs, expenses, losses, or damages(including without limitation attorney and court fees, value added taxes or similar taxes for which no credit is available under applicable legislation)(“Expenses and Loss”)arising out of their own breach of this Agreement(individually or collectively)and/or any act or alleged activity of Party A and/or Party B in any way connected to the Trademark or this Agreement:任何因甲方和乙方(单独或共同地)违反本协议以及(或)甲方和(或)乙方与商标或本协议有关的行为或被指称的活动引起的任何请求权、要求、诉讼或诉因,以及任何相应的和解协议、裁决、判决、花费、支出、损失或损害(包括但不限于律师与法院受理费、增值税或类似根据可适用的法律不可赊欠的税务负担)(“费用和损失”)。
例2:Except for the license granting Manufacturer the right, nothing contained in this Agreement shall be construed as conferring any right to Manufacturer or Vendor to use or register any name, trademark, service mark, logo, slogan, tagline, domain name, or other designation, including any contraction, abbreviation, or simulation of any of the foregoing, in advertising, publicity or marketing activities or for any purpose whatsoever. Any publicity, advertising, etc. with regard to this Agreement which mentions another Party shall be mutually agreed upon in writing prior to use.
Except for the license granting Manufacturer the right:除授予制造商特许权之外。
nothing contained in this Agreement shall be construed as conferring any right to Manufacturer or Vendor:本协议中的任何内容不得被解释为授予制造商或者卖方如下任何权利。
句中的并列结构:to use or register any name, trademark, service mark, logo, slogan, tagline, domain name, or other designation, including any contraction, abbreviation, or simulation of any of the foregoing, in advertising, publicity or marketing activities or for any purpose whatsoever:在广告、宣传或者营销活动中,或者为任何目的,使用或注册的任何名称、商标、服务标志、标示、口号、宣传词、域名,或者其他标志,包括任何简写、缩写,或者前述任何内容的模仿。
第二句:
Any publicity, advertising, etc. with regard to this Agreement which mentions another Party shall be mutually agreed upon in writing prior to use:与本协议有关的任何提及另一当事方的宣传、广告等,应当在使用前由本协议全体当事人共同书面协商一致。
In respect of the territories referred to in article 35 of the Constitution of the International Labor Organization as amended by the Constitution of the International Labor Organization Instrument of Amendment, 1946, other than the territories referred to in paragraphs 4 and 5 of the said article as so amended, each Member of the Organization which ratifies this Convention shall communicate to the Director-General of the International Labor Office with or as soon as possible after its ratification a declaration stating:
(a) The territories in respect of which it undertakes that the provisions of the Convention shall be applied without modification;
(b) The territories in respect of which it undertakes that the provisions of the Convention shall be applied subject to modifications, together with details of the said modifications;
(c) The territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
(d) The territories in respect of which it reserves its decision.(3)
这句话的主体结构是:each Member of the Organization shall communicate to the DirectorGeneral of the International Labor Office
主体结构之后的stating作为状语,引导了四个分句。
步骤2:分别翻译分割后的短句。
In respect of the territories referred to in article 35 of the Constitution of the International Labor Organization as amended by the Constitution of the International Labor Organization Instrument of Amendment, 1946:关于经1946年《国际劳工组织组织法修正书》修正后的《国际劳工组织组织法》第35条所述领土。
other than the territories referred to in paragraphs 4 and 5 of the said article as so amended:该条修正后第4款和第5款所述领土除外。
each Member of the Organization which ratifies this Convention shall communicate to the Director-General of the International Labor Office with or as soon as possible after its ratification a declaration:国际劳工组织每一成员于批准本公约时,或于批准后尽速,向国际劳工局局长提出一份声明。
The territories in respect of which it undertakes that the provisions of the Convention shall be applied without modification:不经修改地适用本公约规定的该国领土。
The territories in respect of which it undertakes that the provisions of the Convention shall be applied subject to modifications, together with details of the said modifications:在加以修改的情况下适用本公约规定的该国领土,以及这些修改的细节。
The territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable:不适用本公约的领土,以及不适用的原因。
The territories in respect of which it reserves its decision:该国保留决定的领土。
An operator who, in violation of Article 6 of these Provisions, conducts any of the following acts, shall be ordered to make corrections by the municipal or district/county traffic administrative departments and shall be punished with a fine of no less than 2,000 yuan and no more than 5,000 yuan per vehicle.
1. failure to remove the special colors, operation signs and devices for passenger transport motor vehicles for hire; and
2. failure to go through formalities for cancellation of the business license in due time.
compensate loss obligation reparation negligence liability
As a legal concept, indemnity has a more specific meaning, namely, to (1) another party to a contract for any loss that such other party may suffer during the performance of the contract. For instance, compensation connotes merely a sum paid to make good the(2) of another without regard to the payer's identity or their reasons for doing so. The obligation to indemnify differs from the(3) to pay compensation, or make(4), in that an obligation to indemnify is a voluntary obligation. If C crashes into B's car and damages it and the crash is due to C's(5), most legal systems will impose(6) upon C to pay B for the damage caused. C's obligation to B arises by force of law regardless of whether C subjectively wishes to compensate B.
(1)The Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
(2)Declarations communicated to the Director-General of the International Labor Office in accordance with the preceding paragraphs of this article shall indicate whether the provisions of the Convention will be applied in the territory concerned without modification or subject to modifications; when the declaration indicates that the provisions of the Convention will be applied subject to modifications it shall give details of the said modifications.
(3)Implied terms about title
① In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass.
② In a contract of sale, other than one to which subsection (3) below applies, there is also an implied term that—
(a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and
(b) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
③ This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have.
④ In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.
⑤ In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyer's quiet possession of the goods, namely—
(a) the seller;
(b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person;
(c) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made.
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(1) 《鹿特丹规则》第43条。2008年12月11日,在纽约举行的联合国大会上,《联合国全程或部分海上国际货物运输合同公约》(United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea)正式得到通过,并且大会决定在2009年9月23日于荷兰鹿特丹举行签字仪式,开放供成员国签署,因而该公约又被命名为《鹿特丹规则》。
(2) 英国《1979年货物买卖法》(Sales of Goods, 1979)附表1(Schedule 1)第5条。
(3) 《结社自由及保护组织权公约》(Freedom of Association and Protection of the Right to Organize Convention)第12条。