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债权、债务

English translation: creditor's rights, debt obligation

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08:18 Sep 11, 2006
Chinese to English translations [PRO]
Law/Patents - Law: Contract(s) / non-definite
Chinese term or phrase: 债权、债务
这对大陆法系的法律词汇,其含义非常广泛,目前国内的翻译主要是,creditor's rights, debt obligation, 但我总觉得这中翻译不准确。

creditor在英语中应仅指借贷关系中的贷款方,其外延太窄。 相比之下,我更认为claim来指代“债权”更合适,不知意下如何? 当然claim不合适之处在于,其还有程序法上的意义,而债权 在汉语中仅指实体法。

而 债务,我实在找不到很好的英文单词来对应。debt obligation 实在太chiglish了。

各位在自己的翻译中一般怎么来处理的?

欢迎赐教。
Doroto
Local time: 18:58
English translation:creditor's rights, debt obligation
Explanation:
It's what I usually use too.

***********************************************
creditor在英语中应仅指借贷关系中的贷款方,其外延太窄。

FYI, creditor does not only refer to the borrower.

creditor
One to whom an organization or person owes money. The balance sheet of a company shows the total owed to creditors and a distinction has to be made between creditors who will be paid during the coming accounting period and those who will be paid later ...(Note: creditor in this sense also means one to whome an organization or person owes money, such as its suppliers, not only the borrowers)
(From A Dictionary of Finance and Banking in Economics & Business)


creditor
An individual or organization to whom money is owed .
(From The Handbook of International Financial Terms in Economics & Business)


Debtor and Creditor. In law, “debt” usually means a monetary obligation. If a debt is unpaid when due, the creditor may elect to use legal processes to enforce payment. (Note: emphasise "monetary obligation", not "borrowers-lenders")
The Oxford Companion to American Law. Kermit L. Hall, ed. Oxford University Press 2002. Oxford University Press.


Many other authoritative references, too much to state here.

*************************************************
相比之下,我更认为claim来指代“债权”更合适,不知意下如何?

In fact, I find "claims" to be more inaccurate. Claims may also refer to shareholders' claims, or for that matter, claims of other stakeholders.

"Creditors' claims" may work, but claims on what? So I still think that "creditors' rights" is more accurate.

*************************************************
而 债务,我实在找不到很好的英文单词来对应。debt obligation 实在太chiglish了。
"Debt obligation" doesn't sound the least chiglish to me.

Securitisation: the options available
BANKING AND FINANCE
SECURITISATION : SPECIAL PURPOSE VEHICLES
Practical Law Companies P.L.C. (2006) Vol.17 No.7 Pages 39-46
1/8/2006
Martin Bartlam (Orrick Herrington & Sutcliffe)
This, the second of a two part series, explains the different types of securitisation transactions. Examines: (1) ......4) collateralised ***debt obligations***, focusing on the structures used for collateralised loan obligations, collateralised bond obligations and collateralised ***debt obligations***; and ......



Many more examples, but I can't show you all here, nor can i show you the full text or I'' be sued for copyrights infringements.
**********************************************



--------------------------------------------------
Note added at 1 hr (2006-09-11 09:43:20 GMT)
--------------------------------------------------

More publicly available examples for the use of "debt obligations" in very "english" contexts.

If the seller delays the delivery of the goods and fails, afterbeing urged, to perform the delivery within a reasonable time period, or delays performing the ***debt obligations*** so that the purpose of the contract is not able to be realised, thebuyer may rescind the contract if the seller is given noticebut does not reply within a reasonable time.
The International Comparative Legal Guide to: Commodities and Trade Law 2006
http://72.14.235.104/search?q=cache:DsoLbfDT8FQJ:www.dlapipe...

This is particularly the case where the underlying obligations are assetbacked securities or other specialised ***debt obligations***,in which case the credit protection is being purchasedeffectively in respect of the obligations themselves as opposed to the reference entity.
Collaterised Debt Obligations
http://72.14.235.104/search?q=cache:V17rf5mGsiAJ:www.lovells...



--------------------------------------------------
Note added at 2 hrs (2006-09-11 10:36:33 GMT)
--------------------------------------------------

David, where do u get the notion that 债权 also refers to shareholders' claims? Unless you are talking about preferred shareholders? Even then, I'm not sure if the preferred shareholders are considered "shareholders" or "creditors" under Chinese laws. Some countries consider preferred shareholders to be "creditors" in essence.
Selected response from:

xxxanastasia t
Local time: 18:58
Grading comment
thanks, though not satisfied.
2 KudoZ points were awarded for this answer

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Summary of answers provided
4claim, debt (debt obligation, indebtedness )
Ray Luo
4debt, debt obligation
Angus Woo
4liability
stonejohn
3creditor's rights, debt obligationxxxanastasia t


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
debt, debt obligation


Explanation:
债权
http://translate.justice.gov.hk/gb/www.legislation.gov.hk/gl...
债务
http://translate.justice.gov.hk/gb/www.legislation.gov.hk/gl...

--------------------------------------------------
Note added at 1 hr (2006-09-11 10:03:11 GMT)
--------------------------------------------------

http://translate.justice.gov.hk/gb/www.legislation.gov.hk/en...

Angus Woo
Local time: 18:58
Native speaker of: Native in ChineseChinese
PRO pts in category: 4
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
creditor's rights, debt obligation


Explanation:
It's what I usually use too.

***********************************************
creditor在英语中应仅指借贷关系中的贷款方,其外延太窄。

FYI, creditor does not only refer to the borrower.

creditor
One to whom an organization or person owes money. The balance sheet of a company shows the total owed to creditors and a distinction has to be made between creditors who will be paid during the coming accounting period and those who will be paid later ...(Note: creditor in this sense also means one to whome an organization or person owes money, such as its suppliers, not only the borrowers)
(From A Dictionary of Finance and Banking in Economics & Business)


creditor
An individual or organization to whom money is owed .
(From The Handbook of International Financial Terms in Economics & Business)


Debtor and Creditor. In law, “debt” usually means a monetary obligation. If a debt is unpaid when due, the creditor may elect to use legal processes to enforce payment. (Note: emphasise "monetary obligation", not "borrowers-lenders")
The Oxford Companion to American Law. Kermit L. Hall, ed. Oxford University Press 2002. Oxford University Press.


Many other authoritative references, too much to state here.

*************************************************
相比之下,我更认为claim来指代“债权”更合适,不知意下如何?

In fact, I find "claims" to be more inaccurate. Claims may also refer to shareholders' claims, or for that matter, claims of other stakeholders.

"Creditors' claims" may work, but claims on what? So I still think that "creditors' rights" is more accurate.

*************************************************
而 债务,我实在找不到很好的英文单词来对应。debt obligation 实在太chiglish了。
"Debt obligation" doesn't sound the least chiglish to me.

Securitisation: the options available
BANKING AND FINANCE
SECURITISATION : SPECIAL PURPOSE VEHICLES
Practical Law Companies P.L.C. (2006) Vol.17 No.7 Pages 39-46
1/8/2006
Martin Bartlam (Orrick Herrington & Sutcliffe)
This, the second of a two part series, explains the different types of securitisation transactions. Examines: (1) ......4) collateralised ***debt obligations***, focusing on the structures used for collateralised loan obligations, collateralised bond obligations and collateralised ***debt obligations***; and ......



Many more examples, but I can't show you all here, nor can i show you the full text or I'' be sued for copyrights infringements.
**********************************************



--------------------------------------------------
Note added at 1 hr (2006-09-11 09:43:20 GMT)
--------------------------------------------------

More publicly available examples for the use of "debt obligations" in very "english" contexts.

If the seller delays the delivery of the goods and fails, afterbeing urged, to perform the delivery within a reasonable time period, or delays performing the ***debt obligations*** so that the purpose of the contract is not able to be realised, thebuyer may rescind the contract if the seller is given noticebut does not reply within a reasonable time.
The International Comparative Legal Guide to: Commodities and Trade Law 2006
http://72.14.235.104/search?q=cache:DsoLbfDT8FQJ:www.dlapipe...

This is particularly the case where the underlying obligations are assetbacked securities or other specialised ***debt obligations***,in which case the credit protection is being purchasedeffectively in respect of the obligations themselves as opposed to the reference entity.
Collaterised Debt Obligations
http://72.14.235.104/search?q=cache:V17rf5mGsiAJ:www.lovells...



--------------------------------------------------
Note added at 2 hrs (2006-09-11 10:36:33 GMT)
--------------------------------------------------

David, where do u get the notion that 债权 also refers to shareholders' claims? Unless you are talking about preferred shareholders? Even then, I'm not sure if the preferred shareholders are considered "shareholders" or "creditors" under Chinese laws. Some countries consider preferred shareholders to be "creditors" in essence.

xxxanastasia t
Local time: 18:58
Works in field
Native speaker of: Native in ChineseChinese, Native in EnglishEnglish
PRO pts in category: 10
Grading comment
thanks, though not satisfied.
Notes to answerer
Asker: thank you for your extensive work. All I might say is that there is just no better translation than those you proposed, but still that seems to me not good enough. 债权 differs from the "creditor's right" to a great degree for a creditor's right as shown in your quotation refers to mostly the monetary right, and however, an 债权 in China ( belonging to the civil law family) may refer to the claim a shareholer has against the company. It is the same problems when it comes to 债务。 Anyway, thanks a lot. You may be awarded later. : )

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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
claim, debt (debt obligation, indebtedness )


Explanation:
信用           credit

债权           claim

债务           debt, debt obligation, indebtedness


--------------------------------------------------
Note added at 7 hrs (2006-09-11 15:32:10 GMT)
--------------------------------------------------

追索债权CLAIM DEBTS ---
http://groups.google.at/group/einf/browse_thread/thread/0d92...

债权claim equalization fund 申索平衡基金claim for refund of property tax 申请发 还物业税claim of debt 债权申索claim on bank 对银行的债权claim to dividend 摊 ...
http://bbs.netat.net/thread-1725-1-1.html

claim
[kleim]
n.
(根据权利提出)要求, 要求权, 主张, 要求而得到的东西
vt.
(根据权利)要求, 认领, 声称, 主张, 需要

http://dict.yqie.com/english/c/claim.htm


    Reference: hhttp://www.cufe.edu.cn/jgsz/jingpin/xxck/04.htm
Ray Luo
United Kingdom
Local time: 11:58
Native speaker of: Native in ChineseChinese
PRO pts in category: 20
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
liability


Explanation:
债务 liability

stonejohn
China
Local time: 18:58
Works in field
Native speaker of: Chinese
PRO pts in category: 12
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