The Realization Of Private Autonomy In The Interpretation Of Declaration Of Intention

As the core idea of the civil law of continent law system, private autonomy is all along the basic which supports the modern civil law. The realization of private autonomy must rely on the system of juristic act in civil law, and the essence of juristic act namely lies in declaration of intention. The determination of the content of the declaration of intention is a necessary precondition, with which the parties go in for some kind of legal effect through the concrete juristic act, and this makes the interpretation of declaration of intention have close relationship with the realization of private autonomy. This dissertation is intended to demonstrate: the realization of private autonomy in the interpretation of declaration of intention requires a process of reflection in the horizon of hermeneutics, which should also lead to the justice of individual cases.The introduction clarifies the theoretical interests in the issue of the realization of private autonomy in the interpretation of declaration of intention, and sets out the basic idea of the discussion. With the difficulties of the realization of private autonomy under various theories of the interpretation of declaration of intention, the discussion will come to the epistemological problems. Therefore, a different theoretical horizon is needed before exploring how to realize private autonomy in the interpretation of declaration of intention.The first chapter discusses the external relations between the interpretation of declaration of intention and private autonomy. The interpretation of declaration of intention is an inevitable process for the realization of private autonomy: the"structural ambiguity"and the"linguistic ambiguity"make the interpretation necessary, behind which the epistemological contradiction makes the interpretation inevitable.The second chapter comes to the reflection within the process of the interpretation, discussing what kinds of difficulties of the realization of private autonomy will be encountered under the relevant theories of the goals and the methods of the interpretation. The inherent tension between the interpretation of declaration of intention and private autonomy is ultimately reflected as that the process of interpretation under the influence of the scientific methodology is uncoordinated with the interpretation of declaration of intention which of its own requires to achieve private autonomy. So only in anther theoretical horizon, which is very different from the scientific methodology, this problem will come to the possibility of solution.The third chapter introduces the theory of"the hermeneutics of declaration of intention"issued by Professor Zhu Qingyu. After clarifying the relationship between this theory and the argument of this dissertation, this part indicates the correspondence between the ontological approach of this theory and the interpretation of declaration of intention, and then deals with the problems of the value system and the methodology, which is manifested in the reflection on this theory.The fourth chapter is an attempt from a methodological point of view to resolve the problem brought up in the third chapter. With the positioning of the methodology of law by Larenz in the horizon of hermeneutics, this part argues that the methodological problem of the interpretation of declaration of intention comes to two points: the first one is how to provide an intermedium for the competition and cooperation among different values, and the second is how to reflect on the justification of the prejudice and pursue the justice of individual cases.The final part is conclusion.