The peculiarities in texts of business documents

Should Buyers fail to open the letter of credit in time…

One of the most striking features of Business English is a wide use of verbals. There is common knowledge that verbals are widely used in social English, but they are often used in business and commercial correspondence as well. The usage of verbals, however, is very specific and presents certain difficulties.

One of the most frequently used verbals in business letters is the infinitive. It may use as an adjunct to verbs, nouns and adjectives. Accordingly, infinitive constructions are subdivided into infinitives as verb adjuncts, infinitives as noun adjuncts and infinitives as adjective adjuncts. The most interesting and important for the research is the first group, so we have focused on it.

There are six types of patterns in which the infinitive is to be regarded as a verb adjunct:

an adjunct to an active verb;

an adjunct to a passive verb;

a complex adjunct to an active verb;

a prepositional complex adjunct to an active verb;

a wh - infinitive adjunct;

an adjunct to a verb in a sentence with a function of the subject.

The groups of the infinitive as an adjunct to an active verb, the infinitive as an adjunct to a passive verb and the infinitive as a complex adjunct to an active verb are used in commercial correspondence and in contracts in particular situations. The last three types of the infinitive are rarely used in business correspondence or might be used just occasionally.

The infinitive as an adjunct to an active verb always follows a head-verb. In business correspondence it is lexically dependent and commonly found after the following verbs: to agree, to appear, to arrange, to continue, to decide, to expect, to fail, to hesitate, to hope, to intend, to like, to manage, to need, to offer, to omit, to plan, to prefer, to prepare, to propose, to regret, to secure, to try, to want, to wish.

e.g. They have arranged to produce the equipment.

We won't fail to provide full particulars as soon as possible.

In the case the suppliers want to have any additional information you should contact us immediately.

Generally in contracts and agreements the infinitive adjunct to an active verb is a simple infinitive. Sometimes, however, it may be followed by the perfect infinitive, indicating an action which precedes that one of the predicate verb. As for the continuous infinitive in this function the analysis of contracts has proved that it is hardly ever used.

It should also be noted that in commercial correspondence the subject of the infinitive adjunct is a person (e.g. we, they) or a thing denoted by the subject of the sentence (e.g. our firm).

e.g. We look forward to your early reply.

The Suppliers inform the Buyers that there had been a fire.

The infinitive in business correspondence may also serve as an adjunct to a passive verb. In this case it always follows its head-verb and is lexically restricted. The infinitive in this function follows the following verbs: to consider, to expect, to instruct, to prepare, to repute, to require.

e.g. The goods are considered to be in conformity with the certificate.

The delivery date is understood to be the date on which the Suppliers apply to the Buyers' Shipping Agents.

The use of the infinitive adjunct to a passive verb is stylistically restricted. It frequently occurs in newspapers, scientific prose and business correspondence, but it is not characteristic of literary style, and in social English it is not common at all.

The infinitive may serve as an adjunct to an active verb followed by a noun or a pronoun which stands to the infinitive in the relation of a subject. The combination is lexically restricted, because in business correspondence it may be found only after the definite verbs from the following list: to advise, to allow, to ask, to enable, to expert, to help, to prefer, to urge, to want, to wish.

e.g. We would advise you to take an all-rich insurance policy.

If the period of guarantee has not expired we will ask you to replace the machine by another one.

We agree to accept this shipment on condition that you…

The complex infinitive adjunct to an active verb is not restricted stylistically and is in extensive use in scientific and fiction literature and also in commercial and business correspondence.

The Indefinite Infinitive occurs in contracts in the function of the predicate, expressing obligation and a future action.

e.g. Delivery to commence in six to eight months and to be completed in twelve to sixteen months (to commence - will commence).

Date of shipment to be determined by date of Bill of Lading (to be determined = will be determined).

It is allowed only in texts of contracts and other business documents.

Each contract also has constructions with participles.

e.g. The letter of credit is to be valid for 90 days, all bank charges being at the expense of the Buyers.

Here is a construction with Participle I where it refers to the noun in the General Case, which goes before the participle. It is not common in speech, but it occurs in contracts.

Constructions with the Perfect Participle, however, are rare in contracts and show an action prior to another one expressed by the predicate.

e.g. We have included in our claim only the cost of material and labor, all other expenses connected with the repair not having been taken into consideration.

Some participles which have no explanatory words in contracts can either precede or follow a noun. Mostly they are constructions with Participle II:

e.g. the required specification vs. specification required; the enclosed letter vs. the letter enclosed.

The Past Participle Passive always follows a noun if it has explanatory words.

e.g. a telegram received from London;

the cheque attached to the letter.

If a participle shows only an action which is made upon the subject, it follows a noun.

e.g. The sellers are to inform us of the quantity of the goods loaded.

Buyers are to accept or pay for the quantity shipped.

The participle showing the quality, if there is one, precedes the noun:

e.g. within six weeks of the stipulated time of shipment;

illustrated catalogue; damaged goods.

2.3 Lexical peculiarities of contract

From the lexicological point of view business papers are of great interest. Their lexicon is rather stable. As a rule, words have their only exact meaning. There are no words which are emotionally coloured. As a result of it, we can point out the words, which are present practically in every contract. For example,

«whereas» expresses every man's idea of how a contract begins. Whereas means that the parties have been engaged in a series of transactions resulting in a dispute over accounting between them.

e.g. The surplus is to be paid for by the Buyers, whereas short weight is to be refunded by the Sellers.

One more compound word with the adverb where is whereby, which means by which and refers to the present contract.

e.g. We have concluded the present contract whereby it is agreed as follows…

The usage of compound words with adverbs here / there and prepositions is also typical of written formal style of English. Their meaning is made up from meaning of their components. There is no principal difference, though, between meanings of here- / there - compounds.

e.g. If shipment of the whole or part is thereby rendered impossible… (thereby = by it; by that means; in that connection)

We are sending you herewith statement of your account (herewith - with it / that)

All expenses connected therewith being born by… (therewith - with it)

The examination of the goods and objection thereto… (thereto = to it)

Subject to General Conditions on Sale endorsed hereon… (hereon = on this document)

The goods to be shipped as soon thereafter as suitable tonnage obtainable. (thereafter = from that time)

The Sellers shall not be responsible for any damage resulting to the Buyers therefrom, (therefrom = from it / them)

Hereinafter is a very useful word, doing the job of the six, referred to later in a document. Hereinafter frequently sets up abbreviated names for the contracting parties.

e.g. D & R Electrical, Ltd. hereinafter the Buyer.

The aforesaid is a cliche which is more preferable in texts of contracts instead of its less formal equivalents: the above-mentioned, the above-written, as was written / said before, and the like.

e.g. The aforesaid documents should contain references…

It is understood and agreed. On one hand it usually adds nothing, because every clause in the contract is figurally understood and agreed. On the other hand, it adds an implication that the other clauses are not backed up by this phrase. By including one you exclude the other.

e.g. The prices in this contract are understood and agreed upon.

Including without limitation. Usually people want to specify things underscored in contracts, and this phrase indulges the prediction.

e.g. You may assign any and all your rights including without limitation your exclusive British and Commonwealth Rights.

To tell the truth, it is a useful phrase because people are always forgetting or neglecting to mention that a great many interests may be involved in what appears to be a simple dialogue. A is controlled by investors, and В - by a foreign parent company. That's why it will be useful to say in such a situation as between us…

e.g. We confirm the exchange of telexes as between us follows…

Solely on condition that - it's one of a few phrases that can be considered better than its short counterparts. One might ask: «Why not use just if instead of the phrase?» If - by itself, opens a possibility to open contingencies.

e.g. If Smith delivers 2000 barrels I will buy them.

But it is unclear if you will buy them only from Smith. Therefore, we can use only if as a synonym. Sometimes it works out, but not always. In this case more than an elaborated phrase is justified.

e.g. I will buy 2000 barrels solely on condition that Smith delivers them.

The phrase makes the conditions of the deal clear.

e.g. We can accept the goods solely on condition that you grant us allowance of…per…

In contracts there are other prepositional phrases made up from words. They are complex, and one must be attentive using them. The prepositions also provided are the following: on conditions that; on the understanding, etc.

e.g. We agree to this only on the understanding that the rate of freight does not exceed.

e.g. Claims against the quality of vehicles may be submitted on conditions that the defects are found within 40 days.

Such prepositional phrases are practically equal in meaning.

Subject to - a few contracts do without this phrase. Many promises can be made good only if certain things occur. The right procedure is to spell out these plausible impediments to the degree that you can reasonably foresee them.

e.g. Our agreement is subject to the laws of Connecticut.

e.g. The wood goods hereinafter specified subject to a variation in Sellers' option of 20 percent…

But there is another meaning of the prepositional phrase. It may express some condition.

e.g. We offer you, subject to your acceptance by cable, 1000 tons of ore.

Exclusive - it's important in contracts. English is vast and its usage creates difficulties in many cases. Exclusivity as a term means that somebody is bored from dealing with another one in a specified area.

In the lexicon of contracts there are many foreign words, first of all, Latin ones, such as pro rata and pari passu. Pro rata proves helpful when payments are to be in proportion refuting prior formulas in a contract.

e.g. Demurrage is to be paid per day and pro rata for any part of the running day.

Pari passu is used when several people are paid at the same level or time out of a common fund.

e.g. Fractions to be considered pari passu.

Still there are such words as inferior / superior, they are often used to describe the quality of goods.

e.g. The quality of Model B-50 is superior to that of Model B-45.

Complaints and claims may arise in connection with inferior quality of the goods, late delivery or non-delivery of goods.

A Latin word is not often used in contracts nowadays. Now it means an arbitrary court for a concrete trial. Such Latin words as ultima, proxima are now archaic and rarely used.

e.g. If the excess is discovered only on arrival of the goods at their ultima destination in the U.K.

On the contrary, such a Latin adjective as extra, which means additional, keeps being widely used in official English, and is quite common for the colloquial style.

e.g. In order to obtain delivery we have had to incur extra expenses for which we hold you responsible.

e.g. No extra payment is to be effected for any excess weight.

The most widespread French words are force majeure, which is an essential clause of almost any contract and serves to describe some unpredictable events that may happen to goods while being delivered or other reasons, and amicably, which means friendly.

e.g. Very often the parties amicably agree upon a settlement of the claim in question.

e.g. The Sellers and the Buyers shall take all measures to settle amicably any disputes.

So, in contracts a person can come across a definite number of words and word combinations which make up lexical peculiarities of the texts. They all are rather bookish and belong to formal style of written English, not being used in informal English and rarely used in spoken formal English.

In Chapter 2 the stylistic, grammatical, lexical peculiarities of contract and business correspondence have been analyzed. On the basis of our analysis we can conclude that language of contracts and business correspondence is not always easy to obtain due to their complicated syntactic constructions, specific terms and abbreviations. Linguistic peculiarities of business correspondence and contracts are similar because both of them belong to the formal style of English which is characterized by the conventionality of expressions, combining several ideas within one sentence, the encoded character of the language, absence of emotiveness. All that revealed in texts of contracts and business correspondence through their vocabulary, grammar and style.

3. The translation of official documents

3.1 Problems of adequate translation of official business papers

Equivalence is almost full and identical preservation of source text information including the stylistic peculiarities. Equivalent translation is rather relative notion. Its level and specific character change depending on the way of translation and genre of target text. Equivalence of requirements to the translation of scientific, business and, for example, literal texts can also be different. Types of texts determine approach to the translation, choice of translational method and equivalence degrees of target text. Aims and tasks of translator vary when he / she translates poem or novel, scientific article or newspaper information, document or technical instruction.

The great number of state, politic, commercial, legal and other documents belongs to official business texts. Their main function is message. They are fully directed on rendering information. Their form in most of cases is typical: addressing, beginning of the text, succession of exposition, finalizing of document, and amount of cliches, in all languages obey strict rules of rhetoric. In target language the structure of source text remains, but cliches may vary at inner form coinciding with content. In European languages' culture the standardization of documents is very high. Thus, while translating official business texts into Ukrainian it is not always possible to find equivalent of rhetorical stamps that is why word-for-word translation is sometimes used. This translation is used in diplomatic documents where each word is of great importance. Inappropriate word can cause misinterpretation and even diplomatic conflict.

The most widespread language of international business communication is English. But even between English and Americans could appear some linguistic misunderstandings. Such divergences had been accumulated for centuries during the process of English language development in two different historical and cultural surroundings. Thus, the same terms can have different semantic meaning and v.v. different terms can have the same meaning. There were cases when contracting parties were having conversation (with a help of interpreter) and did not suspect that they spoke about different things. It can be explained by low qualification of interpreter or by polysemantic terminology which seems at first identical. For example, term 'industry' in English and French has different meaning: in English it includes agriculture but not in French. Among the most typical examples of polysemy of identical terminology or identity of terms different in meaning is legal terminology. For example, to name the institution in Great Britain and USA different terms can be used. British people use term 'company' while Americans use term 'corporation' though they mean the same thing. Linguistic barrier is also called ethno-linguistic because it is rather ethnic than linguistic. It is based on the difference of cultures, national psychology, other ethnic peculiarities, etc. While drawing up international contracts ethno-linguistic barrier gets new characteristics - of legal context. That is why reaching and confirmation of the agreement between parties depend on their understanding of contract's articles formulated by specific terminology which was developed by the influence of culture and law. Translator has to brake this ethno-linguistic barrier. The main function of the translator is to provide bilingual communication, which has almost the same possibilities as monolingual communication. It can be reached due to right technology of translation used by translator.

Any translation has to maintain content, functions, stylistic and communicative value of the source text. While translating official business papers it is not enough just to make right translation in a whole. Translation is to render the information including all details and even the meaning of separate words. It also must be authentic to source text.

The problem of translation equivalence is closely connected with the stylistic aspect of translation - one cannot reach the required level of equivalence if the stylistic peculiarities of the source text are neglected. Full translation adequacy includes as an obligatory component the adequacy of style, i. e. the right choice of stylistic means and devices of the target language to substitute for those observed in the source text. This means that in translation one is to find proper stylistic variations of the original meaning rather than only meaning itself.

The expression of stylistic peculiarities of the source text in translation is necessary to fully convey the communication intent of the source text. Stylistic peculiarities are rendered in translation by proper choice of the target language translation equivalents with required stylistic coloring. This choice will depend both on the functional style of the source text and the individual style of the source text author.

While translating the text a translator first of all must distinguish neutral, bookish and colloquial words and word combinations, translating them by relevant units of the target language. It is sometimes hard to determine the correct stylistic variety of a translation equivalent, then - as in almost all instances of translation - final decision is taken on the basis of context, situation and background information.

Style is expressed in proper combination of words rather than only in stylistic coloring of the individual words. Thus, any good translation should be fulfilled with due regard of the stylistic peculiarities of the source text and this applies to all text types rather than only to fiction.

It is well known that adequacy and accuracy of international contract translation, its legal terminology help to avoid disputes. In comparison with other documents translation of contract is at the same time easiest and hardest one. This translation is one of the easiest because texts of contract are well structurized, they have strictly formulated standard articles. However, it is one of the hardest because origin and realization of legal systems are revealed in it. Quality of translation is characterized by adequacy. There are some cases when translation seems to be adequate from the linguistic point of view but it is inadequate according to professional language of translation. One should take into account contextual variety of lexeme meanings, which must be translated because in certain case it can have special meaning.

Text of contract includes great number of special legal, economical, commercial terminology. One should avoid verbiage, repetition, archaic language, long sentences, inaccuracy of formulation, disparity (between articles of contract), usage of subjunctive mood. Translation of documents is rather complicated process. There are no subjective standards as for the quality of legal translation, but its main criterion is absence of problems and negative consequences caused by translation. Why is it so difficult to translate text of document? First of all each word has not only initial meaning but also some peculiarities which were formed as the result of its development in certain context.

Polysemantic words of one language and also words similar by their form are spread in other languages. Secondly, legal language is considered to be separate even inside one language. Words and phrases of this language can have special meaning which has been formulated for centuries. Thirdly, every language has a lot of words of same origin (for example Latin) that are interpreted by legal lexicon of different languages. For example word 'contract': thing that is called contract in French law is not contract in American law. Fourthly, there are different variants of one language. English encloses legal languages of Great Britain, USA, Australia, Canada and other countries. They all can vary syntactically, lexically and semantically. Fifthly, every language has its grammar peculiarities. That is why translator has to interpret text of document. But the question is whether text of contract should be translated or interpreted. Practice shows that legal texts should be translated. According to general rule, texts of polylingual contracts must be identical in content and form as though drawn up in one language. It is to be reached by the translation of source text into target language in that way to correspond to source text.

While comparing original texts and their translations three main principles of quality of this effect are distinguished: structure, content and potential of influence. Source and translated texts must be equal in their ability to evoke same reactions of their addressees.

Doing translation it is necessary to maintain structure of source text of contract. While rendering structure and syntax of one language into structure and syntax of another language one should decide whether to keep textual form strictly and have a risk of inadequate linguistic standard of translation or to use more free translation which might undermine legal accuracy. To solve this problem it is necessary to analyze legal terms to avoid word-for-word translation that not always explains the meaning of term. It should be noted that trying to choose words identical in form with terms in other language you are making mistake because terms can have different legal meaning. It is also recommended not to make free interpretation of text and to use moderate level of transformation. Identical and adequate translation is the main task and characteristics of ethno-linguistic barrier overcoming. Difficulty of this task while drawing up contract is that parties think and speak different languages, they also use special language, i.e. technical, economical, legal terminology semantic meaning of which can diverge in different languages. Thus, in structure of ethno-linguistic barrier there is special level - conceptual barrier. In texts of international contracts it concerns first of all legal terminology. Very often in legal system of one language there are no institutions, concepts and corresponding terms which would transmit corresponding terminology of another party's legal system adequately. If there is no identical term in one language which explains meaning of foreign term it is recommended to use one of three ways to cope with this situation: 1. Borrowing; 2. Explanation; 3. New term formation.

Nowadays this method becomes more and more popular in Ukrainian contracting practice, where English terms are widely used, e.g. default, transaction. But it should be mentioned that one must be careful with foreign words usage in business communication and writing. If foreign words can be replaced by corresponding Ukrainian, then their usage is not appropriate. However, if foreign terms passed into active vocabulary of international communication they can be used in certain business papers. These are financial lexics and legal terminology.

The explanation used with translation of terms is inexpedient. For example, terms which name doctrines expressed in idioms 'clean hands' - чисті рук; чесність, бездоганність поведінки; 'rules against perpetuties' - правила проти вічних розпоряджень; доктрина недійсності угод, які встановлюють речові права з терміном виникнення більш ніж через 21 рік після смерті особи чи осіб названих в /, and so on. Term can be explained directly in text instead of original term, as a notice to corresponding part of text where term is used, or separately in that part of text where other terms are explained. There are cases when foreign term can be transliterated or explained, or both transliterated and explained. Sometimes foreign terms, though transliterated and due to it acquire original conception of term, have Ukrainian correspondence. It depends on context what method to choose. For example, term 'abandonment' can have meaning відмова, at the same time in insurance sphere it is transliterated - авансування. Such situation concerns a lot of foreign terms, e.g. 'accept' - 1. прийняття, 2. акцепт, 3. акцептування; 'endorsement' - 1. схвалення, підтвердження, 2. індосамент; 'freight' - 1. вантаж; 2. фрахт.

New term formation is rarely used, only when contracting parties agreed on the meaning of certain terms and there is a need in new terms.

3.2 Application of Cross-Cultural Communicative Theory to business translation

Before signing a contract or any other important document, business partners begin communication which can be written or oral. If we are talking about forms of written communication first of all we mean business letters which can be considered as the initial part of business relationships. Oral communication includes telephone calls and of course negotiations. Nowadays almost all negotiations with foreign business partners are performed in English and the signing or non signing of contract depend on it. That is why business correspondence and negotiations should be carried out in appropriate and correct language. We have already described the most important peculiarities of business English, but we also would like to raise very important and interesting problem of business doing - the cultural aspect.

Those involved in business translation, testify that their linguistic challenges are: special terminology, cliched lexics and its formal register. Still certain linguistic dexterity may not prove efficient under field conditions when besides

language problems the translator in business faces quite newly appreciated challenge - cultural or psychological one.

The necessity to keep certain 'appearances' and observe conventionalities in international business communication has been acknowledged since the times when success of a company's extension started to be judged by the number of its foreign affiliations or partners.

Intensification of international contacts yielded, besides obviously positive results, multiple failures at negotiations, absence of foreign trainees' motivation, and even open conflicts among partners, especially between those belonging to different cultures (Asian and Western, Western and Slavic). Minute feedback analysis of the situations suggests that whereas business matters were handled perfectly, national, ethnic, psychological or cultural factors were completely neglected.

This was an impetus for methodologists and linguists to start developing a separate branch of the communication theory - Cross-Cultural Communication Studies. That encompasses ethnic culture and psychology, sociology, and a lot of other adjacent spheres. According to W. Gudykunst, W.G. Stephan, B. Blake and many other researchers of cultural diversity in business context, communication cannot be successful unless ethno-psychological identity of its participants is recognized.

W. Gudykunst identified the cultures according to the following criteria: 1) individualism-collectivism, 2) low-high context communication, 3) uncertainty avoidance, 4) power distance. These features greatly influence linguistic and extra-linguistic manner of the translators.

In individualistic cultures people are supposed to look after themselves and their immediate family only, while in collectivistic cultures, people belong to in-groups of collectivities which are supposed to look after them on exchange for loyalty. The example of the first culture is presented by United States, whereas Japan is an illustration of the second. This factor is to be taken into consideration in negotiations planning, since a Japanese will never be able to take a decision which may lie beyond the interests of his corporation, and will never speak on his own behalf, whereas the individual achievements of an American may stipulate his risky decisions and possibility to take it independently. At linguistic level it stipulates the use of particular grammar structures - Active versus Passive, I / we pronouns, etc.

Communication that predominates in the cultures makes the second important criterion of cultural diversity. A high-context communication, inherent in most Asian cultures, is one in which the most information is implemented either in extra-linguistic situation of communication or is shared by the communicants, while very little is coded. A low-context communication takes place in terms of explicit code, like in Germany or the United States. This may cause the necessity to make certain aspects in business communication, e.g. price negotiations, more explicit for the Americans and less direct for the Japanese or the Chinese through the use / avoidance of certain direct grammar constructions and vocabulary.

Cultures with high uncertainty avoidance have a lower tolerance for uncertainty and ambiguity, which expresses itself in higher levels of anxiety and energy release, greater need for formal rules and absolute truth, and less tolerance for people in groups with deviant ideas or behavior. It was empirically confirmed that in organizations, workers in high uncertainty avoidance cultures prefer a specialist career and clear instructions, avoid conflict, and disapprove of competition between employees more than workers in low uncertainty avoidance cultures, e.g. Denmark versus Japan. It does not only stipulate the pattern of behavior with businessmen representing these cultures but also the linguistic strategy in translation, e.g. presence or absence of mitigation markers.

Power distance is defined as the extent to which the less powerful members of institutions and organizations accept that power as distributed unequally. Individuals from high power distance cultures accept power as part of the society. Superiors there consider their subordinates to be different from themselves (Arab cultures). Low power distance cultures believe that power should be used only when it is legitimate and prefer expert or legitimate power (Western cultures). This stands for observation of subordination in the groups of businessmen, which is, for example, strict in Philippines and optional in the Netherlands. This directly influences the use of the certain vocabulary register depending on the level of communication (horizontal, with peers, or vertical, with subordinates or superiors) and the tone (type of modality, from orders to mild advice or suggestion).

The application of Cross-Cultural Communicative Theory to the business translation looks rather significant since it crucially changes the very concept of the translator's role in business communication. Supplied by the cultural knowledge, translator does not simply find equivalents of the ideas in different languages. His strategy is to maintain rapport between cultures by finding the forms of mutually accepted manner of communication, which raises his role to the global level.

The development of business correspondence in Ukrainian, need of official documents translation from English into Ukrainian and vice versa after proclaiming Ukrainian language to be state on the territory of Ukraine, give special significance to the language of business communication and especially to English as it is language of international communication. Business correspondence obeys certain rules of exposition and arranging of the information. Business letters have common and national specific characteristics. In all language cultures formation of official style was presupposed by the development of State system, government apparatus and by the need to confirm legal relationships of juridical and private persons by documents. The world practice shows that despite all the peculiarities of national systems of business correspondence the main requirements to the structure, fullness of content and arrangement are stable because they had been forming historically and were determined by the peculiarities of business communication.

National specific character in business letters is performed at communicative level because peculiarities of historical development in this sphere in every nation caused the formation of specific communicational phrases and stylistic constructions. That is why while comparing standards of official style of Ukrainian and of business correspondence in particular with the existing standards of English business correspondence one can distinguish ethno-linguistic characteristics of Ukrainian and English business correspondence which should be taken into account in translation. Ukrainian business correspondence is characterized by the functionality (the so-called 'telegraph style'), restraint and rationality, absence of emotional coloring, estrangement of exposition that expressed through rationality and strictness of linguistic forms and patterns. In comparison with Ukrainian style, style of English business letters is characterized by more independent choice of words and syntactic constructions, by the intention of author to show his personal interest and willingness for close partnership with addressee, by hierarchy of polite addresses depending on the level of formal relationships between communicants.

3.3 Grammatical aspect of translation of official documents

The way of translation of official business documents is opposite of literary translation where concerns the freedom of translator's actions and choices. Literary translation is more art than craft which is accounted by the nature of literary texts. Translation of a literary text is unique and cannot be standardized and obeys almost no rules.

The task of an interpreter translating official documents is to find target language equivalents of the source text frames and use them in translation as standard substitutes, filling the slots with frame fillers in compliance with the document content.

Translation of legal, economic, diplomatic and official business papers requires not only sufficient knowledge of terms, phrases and expressions, but also depends on the clear comprehension of the structure of a sentence, some specific grammar and syntactical patterns, which characterize the style.

Here are some English constructions which can cause special difficulties while translating.

Depending on the function the Infinitive plays in the sentence it can be translated in the following ways:

1. As an adverbial modifier of purpose the Infinitive can express an independent idea that adds some new information about its subject; the adverb «only» is omitted in translation, e.g. The president announced his resignation after the failure of his drive to push through the merger of the two countries last summer.

Президент повідомив про свою відставку після того, як влітку минулого року його кампанія за об'єднання двох країн зазнала невдачі.

2. After adjectives «the last, the only» and ordinal numerals the Infinitive is translated as the predicate of an attributive subordinate clause, its tense form is determined by the context.

e.g. He was the first high official to be admitted to the inner council of government, to the cabinet.

Він був першим високопоставленим службовцем, якого було допущено до закритих нарад з питань державного управління і навіть до засідань кабінету.

«if + noun + be + infinitive» can be translated as «для того щоб».

e.g. In any event, members of the association should be prepared to put aside partisan interests if consensus on the abovementioned principles is to be achieved.

У будь-якому випадку, щоб дійти згоди щодо зазначених принципів, члени асоціації повинні облишити свої партійні інтереси.

3. The Complex Object with the Infinitive is translated as an object subordinate clause,

e.g. Both experiments revealed the rated dimensions to be highly interrelated.

Обидва експерименти показали, що розрахункові параметри дуже тісно пов'язані між собою.

4. The Complex Subject with passive forms of the verbs «think, expect, show, see, find, argue, know, mean, consider, regard, report, believe, hold, suppose, note, claim, admit, interpret, etc.» is translated as a complex sentence with an object subordinate clause.

e.g. Still they can hardly be said to have come to the agreement.

І все ж навряд чи можна стверджувати, що вони дійшли згоди.

5. The Complex Subject with active forms of the verbs «happen, appear, see, prove, turn out, be likely, be certain, etc.» is translated in two possible ways:

- the English finite form is transformed into a Ukrainian parenthesis and the English Infinitive into a Ukrainian predicate.

e.g. So, there appear to be two choices. Отже, виявляється, вибір існує;

- the English finite form transformed into Ukrainian main clause («малоймовірно», « мені здається», etc.) and the English Infinitive into Ukrainian predicate in an object subordinate clause.

e.g. Neither proposal is likely to work.

Малоймовірно, щоб якась з цих пропозицій виявилась слушною. If the English predicate has an object «by somebody» such predicate-object clusters are translated as a parenthesis «на думку» «за даними».

Depending on the function of the Gerund in the sentence it can be translated as:

- A noun.

e.g. Banking on a loss of nerve within the board of trustees may turn out to be misguided.

Розрахунок на те, що члени ради опікунів втратять витримку, може виявитися невірним.

- An infinitive.

e.g. Under the pressure of national campaign, he showed a positive gift for saying the wrong things in the wrong words at the wrong time.

В умовах напруженої кампанії, що проводиться в країні, він виявляв безумовний дар говорити не те, що треба, не так, як треба, і не тоді, коли треба.

- A participle.

e.g. In Washington there is quite satisfaction that the French by joining the float have indirectly acknowledged that the U.S. was right all along.

У Вашингтоні висловлюють задоволення з приводу того, що Франція, приєднавшись до країн з плаваючим курсом валюти, хоча і непрямо, але ж визнала, що США були повністю праві.

The Perfect Gerund denotes an action which is prior to the action expressed by finite form of the verb.

e.g. After having been colonies for a long time, many Asian and African countries have now become independent states.

Багато країн Азії та Африки, що протягом тривалого часу були колоніями, перетворилися па незалежні.

Very often constructions with participles are used in official documents. Participle I can be translated as:

an attributive clause;

an adverbial clause;

a separate sentence.

The Nominative Absolute construction with Participle I and II can be translated in different ways depending on the form of the Participle and on the position of the construction in the sentence:

The Nominative Absolute construction with Participle I is in postposition and plays the function of an adverbial modifier of attending circumstances.

e.g. The Prime Minister and the African National Council promptly lapsed into mutual recrimination, each seeking to blame the other for deadlock.

Прем'єр-міністр і Африканська національна рада негайно перейшли до взаємних обвинувачень, до того ж кожна сторона намагалась перекласти на іншу провину за те, що вони потрапили у безвихідь.

The Nominative Absolute construction with Participle I and II is in preposition and plays the function of an adverbial modifier of cause or time.

e.g. It being too late for further discussion, the session was adjourned.

Засідання було відкладено, оскільки було занадто пізно, щоб продовжувати дискусію.

The second element of the Nominative Absolute construction can be expressed by a noun or an adverb.

e.g. The first conference a failure, another meeting at a ministerial level was decided upon.

У зв'язку з невдачею першої конференції було прийнято рішення про проведення ще однієї зустрічі на рівні міністрів.

The second element of the Nominative Absolute construction can be also expressed by an infinitive. It can be related to the future action.

e.g. With the Congress still to be elected, the Republican leadership is already moving to team up with the Southern Democrats, as it did in the palmy days of the New Deal.

Хоча вибори до Конгресу ще попереду, керівництво Республіканської партії вже вживає заходів щодо об'єднання з демократами з Півдня, як це було під час розквіту Нового курсу.

The order of words with the subject after the predicate is called inverted order or inversion. While translating the target sentence retains the word order of the source sentence in many cases:

e.g. Of special interest should be the first article in Chapter 1.

Особливий інтерес має становити перша стаття у главі 1.

e.g. Also treated are such matters as theory construction and methodology.

Розглядаються також такі питання, як побудова теорії і методика дослідження.

Subordinate clauses of concession with an inverted predicate often serve emphatic purposes and can be translated with the help of Ukrainian combinations хоч; хоч який би.

e.g. Such a principle, strange as it may seem, is championed in one form or another by certain scholars.

Такий принцип, хоч він і може видатися досить дивним, відстоюють деякі вчені.

Our main task was to describe and analyze the special difficulties one could face while translating official documents. We have also risen very important aspect of business translation - cross - cultural theory, paying attention to it translator might avoid some mistakes. Every business document is first of all mean of communication, especially business letters - the beginning of business relationships. That is why one should be very aware while writing or translating business correspondence. As for the translation of contract it requires not only knowledge of economic aspects but also the peculiarities of grammar constructions and lexics. 'I he translation of official business papers is characterized by the solving of certain tasks; first of all is search of adequate grammar and syntactic structures. Sometimes it is necessary to use word-for-word translation to make target text authentic to source text. Having analyzed the distinctive features of Ukrainian and English business correspondence we have come to the conclusion that even such bookish and conservative texts like documents have national specific character which should be regarded in translation. So that in this paper we tried to analyze not only linguistic but also national side of business translation. Contract also belongs to legal documents because it maintains juridical power. Thus, translating contract into foreign language it is necessary to know legal peculiarities of the country into language of which you are going to translate the contract because the differences in legal system of two contracting parties could be sufficient. From the linguistic point of view it reflects in various termins which in different countries have different meaning and inadequate translation of which leads to misunderstanding and other serious problems.

4. Practical part

4.1 Analysis of linguistic peculiarities in texts of enquiry letter, order, complaint and in contract

In our practical part we have represented the examples of enquiry, order and complaint, the way they can be translated into Ukrainian. They have been analyzed from the point of stylistic, grammatical and lexical peculiarities of contract.

Enquiry

Dear Sirs,

We were impressed by the selection of sweaters that were displayed on your stand at the 'Menswear Exhibition' that was held in Hamburg last month.

We are a large chain of retailers and are looking for a manufacturer who could supply us with a wide range of sweaters for the teenage market.

As we usually place very large orders, we would expect a quantity discount in addition to a 20% trade discount off net list prices, and our terms of payment are normally 30-day bill of exchange, documents against acceptance.

If these conditions interest you, and you can meet orders of over 500 garments at one time, please send us your current catalogue and price-list. We hope to hear from you soon.

Yours faithfully,

L. Crane

Dear Mr Causio,

Please find enclosed our order, №DR4316, for men's and boy's sweaters in assorted sizes, colours, and designs. We have decided to accept the 15% trade discount you offered and terms of payments within documents against payment, but we should like these terms reviewed in the near future.

Would you please send the shipping documents and your sight draft to Northminster Bank, Deal Street, Birmingham.

If you do not have any of the listed items in stock, please do not send substitutes in their place.

We would appreciate delivery within the next six weeks, and look forward to your acknowledgement.

Yours sincerely,

Lionel Crane

Chief Buyer

Dear Mr Zeitman

Order №VC 58391

We are writing to you with reference to the above order and our letter of 22 May in which we asked you when we could expect delivery of the 60 dynamos you were to have supplied on 3 June for an export order.

We have tried to contact you by phone, but could not get anyone in your factory who knew anything about this matter.

It is essential that we deliver this consignment to our Greek customers on time as this was an initial order from them and would give us an opening in the Greek market.

Our deadline is 28 June, and the lorries have been completed except for the dynamos that need to be fitted.

Unless we receive the components within the next five days, the order will be cancelled and placed elsewhere. We should warn you that we are holding you to your delivery contract and if any loss results because of this late delivery we shall be taking legal action.

Yours sincerely,

M. Blackburn

Basic Machinery Inc., Lucia, Bacardia, hereinafter referred to as «the Seller», of the one part, and Solaro Industries of Djakarta, Indonesia, hereinafter referred to as «the Buyer», of the other part, have concluded the present Contract for the following:

Бейзік Мешінері Інк., Люція, Бакардія, що в подальшому іменується «Продавець», з однієї сторони та Соларо Індастріз, Джакарта, Індонезія, що в подальшому іменується «Покупець», з іншої сторони, уклали цей контракт про наступне:

l. Subject of the Contract.

1.1. The Seller has sold and the Buyer has bought the machinery as listed in Appendix 1, being an integral part of this Contract.

1. Предмет контракту.

1.1. Продавець продав та Покупець купив обладнання, як перелічено у Додатку 1, що є невід'ємною частиною цього контракту.

2. Total Value of the Contract.

2.1. The Total Value of the Contract includes:

2. Загальна оцінка контракту.

2.1. Загальна оцінка контракту включає:

Machinery + documentation $20000,000

Обладнання + документація $20000,000

Installation, putting into operation, and training personnel $250,000

Інсталяція, введення в експлуатацію, навчання персоналу $250,000

Spare parts $500,000

Запасні частини $500,000

Shipment $50,000

Відвантажування $50,000

Discount $60,000

Знижка $60,000

Total Contract Value $20740,000

Загальна оцінка контракту $20740,000

3. Time of Delivery.

3. Строк поставки.

3.1. The machinery listed in Appendix 1 is to be delivered within four (4) months from the date of payment specified in Clause 4.1. of this contract.