英文法律文書簡明教程(精選3篇)
英文法律文書簡明教程 篇1
一、縮寫 Abbreviations
規則1、
在正式寫作中,應當避免使用縮寫,除非有下述規則2、規則3和規則4的情形。
In formal writing, one should not use abbreviations, except as indicated in rules 2, 3, and 4 below.
例如:
Incorrect: The U.S. Supreme Court held that the defendant\’s rights had been violated.
Correct: The United States Supreme Court held that the defendant\’s rights had been violated.
Incorrect: Professor Jonas mentioned several cities that have domestic-partnership ordinances, e.g., New York and San Francisco.
Correct: Professor Jonas mentioned several cities that have domestic-partnership ordinances, including New York and San Francisco.
Incorrect: The Court announced its decision in the case on Oct. 12, 1994.
Correct: The Court announced its decision in the case on October 12, 1994.
規則2、
如果一個縮寫的應用已經非常普遍,在一般用法中已經取代了全稱,則可以使用縮寫;但使用此縮寫時不應該使用表示縮寫的英文句號(.)。
When an abbreviation has become so common that it has supplanted the full name in common usage, one may use the abbreviation; however, one should do so without the use of periods.
例如:
Incorrect: The N.A.A.C.P. was the subject of a profile on C.B.S. last week.
Correct: The NAACP was the subject of a profile on CBS last week.
(注: NAACP abbr.National Association for the Advancement of Colored People (美國)全國有色人種協進會,CBS abbr. (美國)哥倫比亞廣播公司(Columbia Broadcasting System))
However: The defendant in the case is R.J. Reynolds Industries, Inc.
請注意,在上面的例子中,字母R和J后面的句號(.)應當保留,因為這個縮寫所代表的含義并非廣為人知。一般來說,這樣的縮寫應當使用全稱;但是在上面的例子中不能用全稱,因為縮寫R.J.是公司注冊名稱中使用的。
Notice that in the preceding example, the points after \"R\" and \"J\" should be left in, because the meaning of the abbreviation is not sufficiently well known to most readers. Ordinarily, one would replace such an abbreviation with the full terms; however, one can not do so in this case because the legal corporate name involved includes the abbreviation.
規則3、
當使用legal citation時,一定要按照Bluebook(見譯注)的要求來縮寫。但在行文中提及法院時,不應用縮寫。
When writing legal citations, always use the abbreviations required by the Bluebook. However, when referring to a court in text, do not abbreviate. For example:
例如:
Incorrect: The Ill. Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Illinois 2d 73, 180 Northeast Reporter 2d 754 (1994).
Correct: The Illinois Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Ill. 2d 73, 180 N.E.2d 754 (1994).
規則4、
當行文中涉及的公司在其注冊名稱中含有一個或多個縮寫時,如 R.J. Reynolds Industries, Inc.,應當保留縮寫;不要把縮寫所代表的全稱全部拼出,除非公司的注冊名稱中已經全部拼出,如Eon Shipping Company。這條規則適用于所有的公司名稱中,包括Co., Corp., Inc.和 Ltd.。
When referring to a corporate entity that has one or more abbreviations as part of its legal name, such as R.J. Reynolds Industries, Inc., leave the abbreviations in the name. Do not spell out the abbreviation unless the corporation itself spells it out, which some do (for example, Eon Shipping Company). This rule applies to all of the various forms of corporate designations, including Co., Corp., Inc., and Ltd.
例如:
Incorrect: McDermott International, Incorporated
Correct: McDermott International, Inc.
二、縮略符
當一個學生向教授提交書面作業或向律師事務所提交書面資料時, 沒有什么比錯誤的使用或不使用縮略符造成的負面印象更嚴重了。因此,掌握這些簡單,卻常常容易混淆的規則非常重要。
在四種情形下使用或不使用縮略符容易引起混淆,分別是(1)復數詞(2)單數所有格(3)復數所有格和(4)it\’s和its的縮寫形式(Contractions,see cross reference hereunder)與所有格。是否使用所有格,要先問問自己是否涉及領有關系。如果是領有關系,名詞或帶詞就要采取所有格。
規則1、Plain plural words do not require the use of an apostrophe. For example:
Incorrect: The lawyer\’s could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a singular possessive.)
Incorrect: The lawyers\’ could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a plural possessive.)
Correct: The lawyers could generally be found after hours at the Hanover Street Bar and Grill. (The lack of an apostrophe here correctly indicates a plural, nonpossessive term.)
規則2、In singular possessive terms, place the apostrophe before the \"s.\" This will indicate ownership by one person or thing. For example:
Incorrect: Our schools collection included an original set of Blackstone\’s Commentaries.
Incorrect: Our schools\’ collection included an original set of Blackstone\’s Commentaries.
英文法律文書簡明教程 篇2
SALES CONTRACT
Whole Doc.
No:
Date:
For Account of:
Indent No:
This contract is made by and between the Sellers and the Buyers; Whereby the Sellers agree to sell and the Buyers agree to buy the undermentioned goods according to the terms and conditions stipulated below and overleaf:
(1) Names of commodity (ies) and specification(s)
(2) Quantity
(3) Unit price
(4) Amount
TOTAL:
__________% more or less allowed
(5) Packing:
(6) Port of Loading:
(7) Port of Destination:
(8) Shipping Marks:
(9) Time of Shipment: Within ____________________days after receipt of L/C, allowing transhipment and partial shipment.
(10) Terms of Payment:
By 100% Confirmed, Irrevocable and Sight Letter of Credit to remain valid for negotiation in China until the 15th day after shipment.
(11) Insurance:
Covers all risks and war risks only as per the Clauses of the People's Insurance Company of China for 110% of the invoice value.
To be effected by the Buyer.
(12) The Buyer shall establish the covering Letter of Credit before _________; failing which, the Seller reserves the right to rescind this Sales Contract without further notice, or to accept whole or any part of this Sales Contract, non-fulfilled by the Buyer, of to lodge claim for direct losses sustained, if any
(13) Documents: The Sellers shall present to the negotiating bank, Clean On Board Bill of Lading, Invoice, Quality Certificate issued by the China Commodity Inspection Bureau or the Manufacturers, Survey Report on Quantity/Weight issued by the China Commodity Inspection Bureau, and Transferable Insurance policy or Insurance Certificate when this contract is made on CIF basis.
(14) For this contract signed on CIF basis, the premium should be 110% of invoice value. All risks insured should be included within this contract. If the Buyer asks to increase the insurance premium or scope of risks, he should get the permission of the Seller before time of loading, and all the charges thus incurred should be borne by the Buyer.
(15) Quality/Quantity Discrepancy; In case of quality discrepancy, claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination. It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company, Shipping Company, other transportation organizations and/or Post Office are liable.
(16) The Seller shall not be held liable for failure or delay in delivery of the entire lot or a portion of the goods under this Sales Contract in consequence of any Force Majeure incidents.
(17) Arbitration:
All disputes in connection with this contract or the execution thereof shall be settled friendly through negotiations. In case no settlement can be reached, the case may then be submitted for arbitration to China International Economic And Trade Arbitration Commission in accordance with the provisional Rules of Procedures promulgated by the said Arbitration Commission. The arbitration shall take place in Beijing and the decision of the Arbitration Commission shall be final and binding upon both parties; neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision. Arbitration fee shall be borne by the losing party. Or arbitration may be settled in the third country mutually agreed upon by both parties.
(18) The Buyer is requested always to quote THE NUMBER OF THE SALES CONTRACT in the Letter of Credit to be opened in favour of the Seller.
(19) Other Conditions:
Seller: Buyer:
英文法律文書簡明教程 篇3
出讓方:戴黛 (以下簡稱“甲方”)
The seller: DAY FREJA ANTIGONE FELICIA M D(hereinafter called Party A)
受讓方:(以下簡稱“乙方”)
The buyer: (hereinafter called Party B)
居間方:上海志遠房地產經紀有限公司 (以下簡稱“丙方”)
The Agent:SHANGHAI ZEAL REALTY CONSULTANT CO.,LTD. (hereinafter called Party C)
在丙方的居間作用下,經友好協商,甲、乙雙方達成如下一致:
Under brokerage by Party C ,both Party A and Party B enter into the following agreement through friendly negotiation:
1、甲方在此陳述其系 上海市南京西路1173弄5號31室(該房屋的所有權及其所占土地的所有權,以下合稱“該房地產”)的合法產權人。甲方已取得的該房地產之《上海市房地產權證》號碼為:靜 _;該房地產之建筑面積為 125.3 平米。現甲方有意將該房地產轉讓給乙方,乙方亦愿意向甲方購買該房地產。 Party A confirms that she is the legal owner of the property which located at 31 , Block 5_ ,Lane 1173_, West of Nanjing RD, Jing’an _ District, Shanghai. Party A is in The property has an gross floor area of _125.3 _square metres. Now Party A intends to sell the property to Party B, and Party B is interested in buying the property.
2、甲,乙雙方約定該房地產實際成交價格為人民幣 柒佰貳拾萬元整(RMB 7,200,000.00 元_)。由乙方按本協議規定的支付方式支付甲方。
The agreed price of the property is RMB 7,200,000.00 Party B shall pay the sum to Party A according to the terms of this agreement.
3、乙方在此確認其于簽訂本協議前已對該房地產進行了初步驗看。雙方在此同意甲方將該房地產按現狀交付乙方即可,但是甲方必須保證該房地產內的管道,線路暢通,包括該房地產設備的完好可正常使用。在該房地產交付前,上述設備如有故障,甲方應負責任修繕并支付相關費用。
Party B confirmed that she has examined the property before signing this agreement. Both parties agree that Party A shall deliver it to Party B in current conditions . Party A shall ensure that the ducting and wiring of the property, and all the related fixtures and equipment are in good working order. If any is found to be defective, Party A shall make amend before delivery of property and bear the necessary costs.
4、雙方同意本次交易之具體交易程序如下:
The procedure of the transaction for the property is as follows: possession of Shanghai Certificate of Real Estate Ownership, number:
A.雙方同意本協議項下的定金數額為人民幣 壹拾萬元整(RMB 100,000.00 元_)。乙方應于簽訂本協議的當日支付(或補足至)定金計人民幣壹拾萬元整(RMB100,000.00元_)。 Both parties agree that the total amount of the deposit is RMB 100,000.00 ; Party B shall pay the deposit of the amount RMB 100,000.00_ on day of signing this agreement.
甲方賬號如下:
Party A’S bank accout as below:
開戶行:
Bank:
戶名:
Name:
賬號:
Account:
B.甲,乙雙方約定于 20xx 年 3 月 16 日前簽訂《上海市房地產買賣合同》(以下簡稱“該買賣合同”)并申
請辦理公證手續,乙方應于簽訂該買賣合同當日支付甲方首期房價款計人民幣貳佰零陸萬元整 (RMB_ 2,060,000.00 元_)。(包含定金)
Both parties shall sign and notorise the Shanghai Real Estate Sale & Purchase Contract contract (hereafter called the Contract) before 16/3/20xx_. Party B shall pay the first Payment of the amount RMB 2,060,000.00_on the day of signing the Contract(inclusive of the deposit).
甲方賬號如下:
Party A’S bank accout as below:
開戶行:
Bank:
戶名:
Name:
賬號:
Account:
C. 雙方在此確認:本協議下乙方應支付給甲方的第二期房價款計 元_)可以由乙方通過向銀行申請購房抵押貸款的形勢支付,乙方應于支付首期房價款后的 40 _個工作日內,完成貸款審批手續,若銀行貸款審批額度不足,乙方應于辦理產權過戶手續當日補足。 Party B may pay the second payment of the amount RMB_ 5,040,000.00 _in the way of mortgage Loan. Party B shall complete the mortgage application procedure within 40 _ working days after first payment. If the amount of mortgage approved by the bank is less than the second payment, Party
B shall top up the difference when the title is transferred.
D.甲方應于 / 年 / 月 / 日前完成提前還貸及抵押登記注銷手續。
Party A shall repay all outstanding mortgage and cancel the current mortgage registration before/
E. 待完成上述款項所述事項后的 5_日內,甲乙雙方應前往房地產交易中心申請辦理交易之產權過戶,抵押登記手續,并繳納相關稅費。
Both Parties shall go to the Property Exchange Center to apply for the transfer of title and registration of mortgage within 5_ days after the aforesaid has been done ,and pay the prescribed tax and fees.
F.待過戶當日,甲方安排把所有住戶搬離此物業并遷出所有戶口(若有),然后與乙方辦理交房手續,同時乙方支付甲方房價尾款計人民幣壹拾萬元整整_(RMB100,000.00)。
Party A shall vacate all tenants and remove all the residence registration on the day of transfer
of title, and then deliver the property to Party B. Party B shall pay the last payment with the amount RMB 100,000.00 to Party A.
5、待雙方簽定本協議第4條第B款所述之《上海市房地產買賣合同》生效后,本協議自行終止,甲,乙雙方應按買賣合同所列條款履行。
When the Contract takes effect, this agreement is terminated immediately. Both parties shall observe the Contract.
6、甲、乙雙方同意,涉及本交易的各項稅費由甲、乙雙方按國家政策、法規的`規定承擔。甲、乙雙方同意本協議第4條第B款所述之《上海市房地產買賣合同》公證出來后3個工作日內甲乙雙方應前往該房屋所在房地產交易中心申請繳納稅費。
Both parties agree that they shall bear the fees and taxes according to the laws. Both parties shall observe the Contract that they go to the Property Exchange Center and pay the fees and taxes within 3 workdays after the Contract be notarized .
7、雙方約定,本協議履行過程中,若因國家政策未獲批準導致乙方無法購買該房地產的,雙方同意解除本協議互不承擔違約責任。甲方應在收到本協議終止后的_ 5 個工作日內退還乙方已支付的房款(含定金)。
If it is due to government actions which cause Party B not be able to purchase the property, both Parties agree to terminate this agreement without any breach by any party. In such an event Party
A shall return any amount paid by Party B within _5_ working days after the agreement is terminated.
8、在本協議履行的過程中,若因甲方原因導致本協議無法履行,甲方應雙倍返還定金;若因乙方原因導致本協議無法履行,乙方已支付的定金由甲方沒收。
During the course of this agreement, if Party A breaches the agreement, Party A shall return the deposit in double; if Party B breaches the agreement, the deposit paid by Party B shall be forfeited.
9、簽訂本協議后,甲、乙雙方任何一方或雙方未能履行本協議,導致雙方的買賣合同無法簽署的,違約方應向丙方支付違約金,違約金數額為本協議第2條所述房價款的2%。
After signing this agreement, if either Party A or Party B or both paties fail to carry out this agreement, leading to the Shanghai Real Estate Sale & Purchase Contract not able to be signed, the party in breach of the agreement shall pay the penalty to Party C. The penalty is 2% of the actual price as contained in Article 2 of this agreement.
10、本協議用中文和英文寫成,兩種文字具有同等效力。上述兩種文字如有不符,以中文本為準。
This agreement is written in Chinese and English, both versions should be equally valid. If there are differences between the two versions, the Chinese version shall prevail.
11、本協議一經甲、乙雙方或其各自合法授權代表簽字立即生效,本協議一式三份,甲、乙雙方各執壹份,中介方執壹份。
This agreement is signed in three duplicates, all of which are of the same legal effect. Each party shall hold on to one duplicate .
出賣方(甲方) 買受方(乙方)
The Seller(Party A):The Buyer(Party B):
護照號碼/身份證號碼:護照號碼/身份證號碼:
Passport/ID No: Passport/ID No:
國籍:國籍:
Nationality: Nationality:
居間方:上海志遠房地產經紀有限公司 (以下簡稱“丙方”)
The Agent:SHANGHAI ZEAL REALTY CONSULTANT CO.,LTD. (hereinafter called Party C) 地址:上海市長樂路1219號長鑫大廈12樓(200031)
Address:12F, 1219 Chang Le Road, Changxin Tower, Shanghai (200031)