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On The Interpretation Of The Contracts

Posted on:2007-08-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:1116360185457951Subject:Legal theory
Abstract/Summary:PDF Full Text Request
"The same processing for the same case" is a basic requirement for the justice of judicatory. However in practice,"the same case from interpretations of different judges obviously yields contrary verdict result because of interpretations of different judges. Even worse, in the same case, two provincial may produce quite different verdict result with different interpretations about the same legal act. Facing the perplexity, the provisions concerning contract interpreting in current Contract Law can't afford to help the judge out of the predicament. But the way to solve the problem for the court is to hand the same case to the same judge or full courts. This kind of method is only likely east the pain but can't cure the disease fundamentally. The purpose and significance of this research lies in How to make the case get the same conclusion even according to interpretations of different judges. The thesis includes four the chapters centering on this issue.Chapter 1, the ontology of contract-interpreting. We have to make a research on the methodology of contract-interpreting before the ontology, such as defining the subject, the object, method, purpose, effectiveness and meaning of interpreting. And we also have to find out the reason for the necessity of contract-interpreting and fix the position of the nature of contract-interpreting. Only clarifying essential elements of contract-interpreting noumenon can identify research categories and lay theoretical foundation for further research.Chapter 2, the target of contract-interpreting . An eligible judge should be confident, before contract-interpreting, about the expecting target of contract-interpreting. A clear target is the precondition of research on methodology and value accessing of contract-interpreting.Then what is the target of contract-interpreting? I think it should be in accordance with the target of the contract of the party concerned which is...
Keywords/Search Tags:Interpretation
PDF Full Text Request
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