Lexical analysis Vzorová ustanovení

Lexical analysis. The lexical level of the agreement is formed by legal terminology and the set phrases used specifically in the legal context. The terminology of the agreement is the terminology of commercial law. Nevertheless, the agreement covers a specific domain of a human activity – car wrapping – so a certain knowledge of this area is required from the addressee of the agreement – the franchisee; as well as from the translator of the document (to whom this knowledge may only be beneficial as it may ease the translation work in which they must combine their knowledge of the legal terminology as well as the high specificity of the domain for which the text was designed). The very first highly significant decision of the translator was to name the document correctly in English. The British National Corpus offered eight entries of the phrase franchise agreement which may seem rather a small number, however, for franchise contract, no entry was found. The result of the search at the Corpus of Contemporary American English was also in the favour of franchise agreement (with 25 occurences to 5 of franchise contract). The Eur-Lex database – the database of the European legislation and its translation into individual European languages including Czech – showed a lesser difference between the contract and agreement in collocation with the attribute of franchise, however, this still in favor of the final title of the document – the franchise agreement. Chromá also proves the correctness of the choice when she says that “A contract is a binding agreement.” (2011, 275). It means that all the contracts are always agreements (which does not apply the other way round), so the equivalent of the Czech word smlouva may in English be either contract or agreement. The decision of the translator then partly relies on the custom usage in different legal systems. The parties to the contract, here to the agreement, were the second decision. As the subject of the agreement is franchising, the parties then are the Franchisor and the Franchisee for the Czech equivalents of Poskytovatel and Nabyvatel. Even though Chromá in her dictionary of English-Czech legal terminology called Anglicko-český právnický slovník (2010, 140) states that a franchisee is the Czech “koncesionář” or “provozovatel licence”; and a franchisor (or even franchiser) is “prodejce licence/koncese”. In spite of the fact that Xxxxxx (2010, 144) says that nabyvatel is in English “assignee, assign; grantee; successor”; and poskyt...