《民法典》,光一个“法”字,就出现了千次以上,“法律”一词300多次,“依法”则有150多次。在英译本里,是如何翻译的呢?乍一看,有law,the law,the civil law ,the laws,other laws,等等,兼顾搭配和句法,都翻译对了吗?核心在于一个问题:law与冠词的关系。其实,有老先生早就系统地对此作了分析。暂且按下不提。
摘录数例,可供辨析。
1、A guardian’s rights arising from performance of his duties as required by law are protected by law.
2、The civil law regulates personal and proprietary relationships among the persons of the civil law, namely, natural persons, legal persons, and unincorporated organizations that are equal in status.
3、When conducting a civil activity, no person of the civil law may violate the law, or offend public order or good morals.
4、Where there are other laws providing special provisions regulating civil-law relations, such provisions shall be followed.
5、The laws of the People’s Republic of China shall apply to the civil activities taking place within the territory of the People’s Republic of China, except as otherwise provided by law.
6、Civil disputes shall be resolved in accordance with law. Where the law does not specify, custom may be applied, provided that public order and good morals may not be offended.
7、With respect to enterprises invested by the State, the State Council and the local people’s governments shall, on behalf of the State, perform the investor’s duties and enjoy the investor’s rights and interests respectively in accordance with laws and administrative regulations.
8、No unit owner may turn a dwelling space into a space used for operating businesses in violation of laws, regulations, or the covenants on management. A unit owner who intends to turn a dwelling space into a space used for operating businesses shall, in addition to abiding by laws, regulations, and the covenants on management, obtain unanimous consent from all interested unit owners.
9、The using of a lot of collectively-owned land for construction purposes shall be dealt with in accordance with the provisions of the laws on land administration.
10、A gifted property shall go through registration or other procedures if the law so requires.
11、The adoption of a child by a foreign national in the People’s Republic of China shall be subject to the review and approval of the competent authorities of the foreign national’s country of residence in accordance with the law of that country.
12、Where an actor harms the civil-law rights and interests of another person, if the law provides that tort liability shall be borne by such an actor disregarding whether or not the actor is at fault, such provisions shall be followed.
13、Where a motor vehicle is involved in a traffic accident which causes damage, the liability for compensation shall be assumed in accordance with the relevant provisions of the laws on road traffic safety and this Code.
14、Where a tortfeasor intentionally pollutes the environment or harms the ecological system in violation of the provisions of law resulting in serious consequences, the infringed person has the right to request for the corresponding punitive damages.
