法律文件翻译中容易发生的硬伤
法律文件中常常会遇到抵押人和抵押权人，至今有些词典还将“抵押人”译作mortgagor，将“抵押权人”译作mortgagee。
我们先看一下这两个英文词语的英文含义：
Mortgagee (Lender). A mortgage lender is an investor that lends money secured by a mortgage on real estate. In today's world, most lenders sell the loans they write on the secondary mortgage market. When they sell the mortgage, they earn revenue called Service Release Premium. Typically, the purpose of the loan is for the borrower to purchase that same real estate. As the mortgagee, the lender has the right to sell the property to pay off the loan if the borrower fails to pay.
The mortgage runs with the land, so even if the borrower transfers the property to someone else, the mortgagee still has the right to sell it if the borrower fails to pay off the loan.
So that a buyer cannot unwittingly buy property subject to a mortgage, mortgages are registered or recorded against the title with a government office, as a public record. The borrower has the right to have the mortgage discharged from the title once the debt is paid.
根据上述解释，mortgagee 显然是抵押权人，是抵押关系中的债权人。
Mortgagor (Borrower). A mortgagor is the borrower in a mortgage—he owes the obligation secured by the mortgage. Generally, the debtor must meet the conditions of the underlying loan or other obligation and the conditions of the mortgage. Otherwise, the debtor usually runs the risk of foreclosure of the mortgage by the creditor to recover the debt. Typically the debtors will be the individual homeowners, landlords, or businesses who are purchasing their property by way of a loan.
Mortgagor的解释明确地说明了Mortgagor 是抵押人，是抵押关系中的债务人。
mortgagee和mortgagor的含义容易颠倒的原因可能是在这两个词的后缀上，根据习惯，“-or” 指“施动者”，“-ee”指“受动者”。
（编辑:卢晓雪）
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