Discussion On The Interpretation Of Contracts

In the modern society and the economical system, the private law system is the center, while the contract law is the core of the private law system. What is the purpose of the interpretation of contracts is to try the best to realize the parties' original intention. Because it connects the realization of the parties' benefit and the value of the contracts, it become the key problem of the contract law system. In our country the Contract of Peoples' Republic of China(1999) firstly established the system of the interpretation of contracts, however there are many defects in the new contract law such as the summary of the rules of the interpretation of contracts, it just the reason that author writes the article.In the chapter one author introduce the origination of the interpretation of contracts and the general situation of the study on the interpretation of contracts' development. And analyzing the reason of the interpretation of contracts' existing and its importance.The chapter two is one of the significant content of this article. The emphasis of this chapter is on the concept of the interpretation of contracts, about two question. One of it is who is the interpreter of contracts, I propose the standard of the interpreter is weather the interpretation hold the force adeffect or not. Then discuss on four interpreters detailed. The other one of the concept of the interpretation of contracts is the contend of the interpretation of contracts. Based on analyzing the types of the interpretation of contracts, author concludes that the contend of the interpretation of contracts changes with the changing of the types of the interpretation of contracts. In the chapter three author make the analyses about the objection of the interpretation of contracts based on the angle of comparative science of law. Firstly author introduces the theories of the continental law system and Anglo-American law system regarding the objection of the interpretation of contracts. Then author in the light of specific conditions in China concludes we should take the Will Theory as main principle and take the Express Theory as second principle. And in this chapter author makes a difference between the interpretation of contracts and the interpretation of law.The chapter four is the core of the article. Author detailed introduces the rules on the interpretation of contracts of the Anglo-American law system, argues the logical order of the rules of the interpretation of contracts. Then based on the rules of the interpretation of contracts of the two law system author makes a detailed and comprehensive analysis of the rules of the interpretation of contracts in our country. The last chapter is a conclusion of the whole article. In this chapter, author discusses on the defect of the Contract of Peoples' Republic of China(1999), and proposes some idea on legislation about the interpretation of contracts.